Construction fatal accidents: directors beware?

Directors of construction companies should take note that the current Government has accepted several recommendations in Rita Donaghy's report, "One Death is too Many", on construction fatalities. Of particular interest is a recommendation that says there should be positive duties on directors to ensure good health and safety management. While a change in Government may affect plans for how and when these duties might be imposed, it could lead to more explicit legal duties being enacted that affect directors' responsibilities for health and safety.

The Government has also accepted the report's recommendations that more should be done by construction companies (particularly larger ones) to encourage joint working with trade unions to improve health and safety. Where there is no trade union presence, renewed efforts should be made to encourage genuine worker involvement so that workers are alert to risk and can speak out, without unfair consequences, about unsafe practices.

Suan Dearden, a partner in Wragge & Co's specialist Regulatory Litigation team, provides guidance on some of the key recommendations accepted by the Government.