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ARTICLE · 04 APRIL 2007

It Couldn’t Happen To Me... Could It?

Individuals can be personally liable for environmental, health and safety offences in most European jurisdictions. Is your business doing enough to manage the risks?

United KingdomEnvironment
Vanessa Havard-Williams
Vanessa Havard-Williams

Individuals can be personally liable for environmental, health and safety offences in most European jurisdictions. Is your business doing enough to manage the risks?

Liability for environment, health and safety (EHS) offences can fall primarily on the company or on an individual or on both. The position varies from jurisdiction to jurisdiction, and in some cases liability can be criminal and can attract substantial prison sentences and/or fines. Although still relatively uncommon in most jurisdictions, personal prosecutions are becoming more frequent in the EU. In some countries (e.g. France) currently only individuals and not companies can be liable.

Personal liability is most common where there is:

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