Responding to a safety incident – what should directors and senior managers be doing to manage safety?

Our Corporate Crime and Investigations Team continues its 2026 series on responding to a safety incident.

Our Corporate Crime and Investigations Team continues its 2026 series on responding to a safety incident.

In our previous article, we explored the key offences that can arise following a serious incident, including personal liability. This month we consider what directors and senior managers should be doing to manage safety and the five key questions they should be ready to answer.

A practical framework: Plan, Do, Check, Act

Directors and senior managers should understand what practical health and safety management entails.

The Institute of Directors and HSE’s published guidance provides an overview of what is expected and is centred around the approach of: ‘Plan’, ‘Do’, ‘Check’, ‘Act’.

The framework is designed as a continuous cycle of review and improvement, not a one-time exercise:

Five Key Questions

Following a serious incident, investigators will want to understand senior leadership oversight. A useful test of safety leadership is whether directors and senior managers can confidently answer the following five questions.

1. Do you understand your biggest safety risks?

• Effective leadership starts with understanding the risks faced by your organisation and the controls in place to manage them.

2. Is health and safety visible at board level?

• Health and safety should feature regularly within governance structures rather than being treated as a standalone compliance issue. This may include board reporting, safety committees or identifying a director with responsibility for championing health and safety matters.

3. Are you providing adequate resources and competent advice?

• Directors do not need to be technical specialists however, they should ensure the organisation has access to competent health and safety advice, sufficient resources and appropriately trained personnel.

4. How do you know your systems are working?

• Monitoring performance and obtaining assurance is critical. This may involve audits, management information, incident reporting, near miss data and feedback from those carrying out frontline activities.

5. Are you learning and improving?

• Health and safety management should evolve over time. Organisations change, risks develop and lessons emerge from incidents, investigations and industry developments. Directors should ensure arrangements are regularly reviewed and updated where appropriate.

At Burges Salmon, we frequently provide training and advice to directors and senior managers on their key legal duties. For more information or to discuss anything in this article, please contact Charlotte Whitaker in Burges Salmon’s Corporate Crime & Investigations team or sign up to our mailing list our Health and Safety mailing list by clicking the link below.