Occupational health and safety (OHS) legislation around the world imposed personal liability on officers and senior managers of companies. That liability, in some cases, applies extra-territorially – in the sense that US based officers of global companies may be liable for offences committed by their company in foreign jurisdictions. This paper will explore those liabilities.
Previously, OHS was subjected to a measure of derision or banished to the "non-priority" pile of many executives. OHS now is recognized as an important area of consideration for companies in planning and implementing their operations. An entire industry of professional practice has developed around the area of OHS. At the same time, around the world, laws regulating OHS have developed.
Since the first recognition of OHS as a simple part of the common law in 18372, OHS has taken its place amongst the pantheon of laws as its own discrete area of legal practice. Many jurisdictions now have volumes of legislation which provide requirements for OHS. Alongside this, discrete regulatory bodies exist to ensure the specific enforcement of OHS laws.
With the increased recognition of OHS around the world, a line of thought has emerged – the individuals who are the "minds" of an organization – its officers, should be held responsible for OHS outcomes in an organization. The importance of officer input into company decisions, and the impact of their decisions cannot be understated. 3 Naturally, this has led to scrutiny of those officers, leading to personal liability for OHS offences and incidents. Moreover, in some cases that personal liability may be imposed upon those officers, even if they are outside of the jurisdiction in which a relevant offence or incident occurred.
The approaches to personal liability of officers varies from jurisdiction to jurisdiction – both in terms of legislation and practical enforcement and prosecution.
