Directors’ liability in occupational health and safety cases

Abstract

The theme under study is occupational health and safety and a director’s liability in cases relating to occupational health and safety. The researcher hopes to bring more awareness about the seriousness of the liability a director can face in such cases. The Occupational Health and Safety Authority Act and subsidiary legislation, are examined in order to derive what directors’ obligations and liabilities are, together with the Companies Act and the Interpretation Act. Jurisprudence that resulted from occupational health and safety cases was analysed and it was concluded that the three most common elements that could be found were the definition of “employer”, the test of bonus paterfamilias and the principle of strict liability, among others. Further to this, the researcher explored possibilities in which a director’s liability is such cases could be minimised. So far, the best way to achieve this, is by trying to prevent any incidents from happening at the work place and implementing all the necessary precautionary measures and providing employees with adequate training. However, there is also the possibility for directors to be insured for any indemnities they might face in the future. Lastly, the researcher goes on to recommend legislative reform in order to increase employees’ responsibilities at work and to introduce independent health and safety officers assigned by the OHSA.