Criminal and other liability of managers for occupational safety and health
Which form of managers’ liability do I consider the most significant? Which one most frequently results in managers being convicted in criminal proceedings? Who is a manager? Anyone who manages the work of at least one employee (a foreman, team leader, HR professional, director, head of department…).
It is liability for occupational safety and health. When I take on the representation of a manager, I often hear:
– our safety officer takes care of health and safety, so what has it got to do with me…
– the injured party brought it on themselves (they alone are at fault, they were drunk, only one person was convicted…)
– my employment contract does not say that I am responsible for supervising employees
– this is how we have dealt with it at our company for the past five years, just as I am doing now…
– well, the employer will pay the fine; they can afford it…
None of the above will absolve you of criminal liability. During the course, I will not discuss only the theory and recent developments in this field. I will focus primarily on specific situations that I encounter most frequently in practice and when representing clients before the courts and public authorities (as a result of incorrect procedures), and on how to resolve them. This will enable you to act correctly and without exposing yourself to risk. During the course, we will examine every aspect of managers’ liability, particularly when criminal liability may arise, the amount of financial compensation that may be payable, who must pay a fine and how much it may be, and related matters.
Course outline:
- Which employee may incur criminal liability, and for what?
- Duties whose non-fulfilment gives rise to criminal liability (even if they are not specified in the employment contract)
- Which criminal offence covers an accident at work or an occupational disease
- Convictions foremen, managers, directors, members of statutory bodies…
The severity of penalties and grounds for conviction – a description of specific cases from companies - Occupational safety and health in contractor relationships
Practical implications: A manager did not sign a written agreement specifying who would be responsible for occupational safety and health at the workplace during the provision of services. The manager blames you. Who is actually responsible? - Tolerated unlawful conditions and unsafe working practices
A common undesirable practice: An employee was following an unsafe working procedure and had an accident. They blamed you. Who is at fault, and why? - Is it an accident at work or not?
Could the workplace accident have been prevented? How? - Determining the degree of fault
Practical implications: An employee’s accident was recognised as an accident at work. However, the employee breached an internal instruction before the accident occurred. The employee disputes the finding that they were 40% at fault. Who determines the degree of fault? - Other consequences of a conviction (compensation for damage and for non-pecuniary harm)
Lecturer: JUDr. Jozef Lukajka, PhD, attorney-at-law
For the past 15 years, he has represented employers and employees during inspections by public authorities and in court proceedings. He previously worked as a lawyer at a labour inspectorate for more than three years.
To watch the full video course, simply register free of charge.