Environment, Health & Safety
Under Irish health and safety law, when the company commits an offence, its directors are presumed responsible unless they can show otherwise.
Leadership accountability for the safety of people and the environment.
Why it's on the leadership agenda
Section 80 of the Safety, Health and Welfare at Work Act 2005 makes directors and senior managers personally liable where an offence by the company was authorised or consented to by them, or was attributable to their neglect. Once a director is prosecuted, that is presumed until they prove otherwise. Conviction on indictment carries a fine of up to EUR 3 million, up to two years in prison, or both.
Environmental duties are tightening too. The EU Environmental Crime Directive, with a transposition deadline of 21 May 2026, sets company fines of up to 5% of worldwide turnover for the most serious offences. It does not apply in Ireland, but it does reach group companies elsewhere in the EU. Sustainability reporting also asks for health, safety and environmental figures that leadership signs off.
A serious incident is when leadership oversight is tested. The question is whether you can show what you knew, what you decided and how you checked.
What the module covers
Directors’ and managers’ personal duties under the 2005 Act, and how the presumption of responsibility works
Safety statements and risk assessment: what leadership must see, challenge and sign off
Serious incidents: the first hours, engaging with the HSA, and how decisions are recorded
Environmental permits, incidents and liability, including group operations elsewhere in the EU
Contractors and the supply chain: who is responsible on your sites and in your operations
EHS indicators that belong in the boardroom, and how they feed ESG reporting
What your leadership team will be able to answer
Could each director show what they did to prevent a serious incident, if asked tomorrow?
Does our safety statement reflect how the business actually runs today?
Which EHS risks would hurt us most, and when did leadership last review them?
Who manages contractor safety on our sites, and how do we know it is working?
Would our EHS figures stand up to the same scrutiny as our financial reporting?
The regulatory frame
Duties on employers; personal liability for directors and managers, presumed once they are prosecuted (s. 80). Up to EUR 3m and/or 2 years on indictment (s. 78).
In force
The EU basis for workplace safety duties, transposed in every member state.
In force
Criminal offences for environmental harm; company fines up to 5% of worldwide turnover or EUR 40m for the most serious. Does not apply in Ireland.
Transposition deadline 21 May 2026
The management systems most often used to evidence health, safety and environmental control.
Widely required in tenders
Dates reflect the position as of September 2026. Every engagement begins with a current regulatory review.
What you leave with
A map of directors’ and managers’ EHS duties, and who holds each one
A leadership review of your top EHS risks and the controls behind them
A tested decision process for a serious incident
A short set of EHS indicators for regular board review
A prioritised action plan, linked to your ESG and data protection work