Section 7 & 37 – Health and Safety Act

Section 7 of the HWSA specifically refers to the important duties placed on an employee. It was conceived to help protect not only other employees, but also any other person who might be affected by the employee’s actions or inactions.

Section 7 of the Act imposes a duty of cooperation in the performance of duties and requirements placed on any person, not just the employer. In essence, this means an employee should take reasonable care to ensure their own safety and the safety of others. When this specific part of the Act is invoked, it means the individual is facing prosecution. This requires immediate specialist legal advice.

The Health and Safety Act states:

It shall be the duty of every employee while at work:

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

When an individual is facing prosecution under Section 7, the court will seek to establish:

• Was the accused an employee?
• Did they fail to take reasonable care to ensure their safety and the safety of others?
• Did the alleged lack of care take place at work?

Section 37 of the HSWA applies directly to offences committed by corporate bodies and where directors, managers, secretaries or other officers of the organisation have committed an offence.

The Health and Safety Executive states:

“If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as well as the organisation) can be prosecuted under section 37 of the Health and Safety at Work Act 1974.”

If you, as a director or manager or your company is facing legal action, the HSE will seek to establish where the fault lies and find proof that an offence has been committed. This process can be extremely distressing for all involved, as the HSE will try to show evidence that the offence has been a direct result of “consent, connivance or neglect” by the director or manager. This legal process could place your business at risk if not handled correctly, which is why it is vital you have expert help from a team of experienced health and safety solicitors.

We have a strong track record of defending and representing companies and individuals facing prosecution under Sections 7 and 37 of the Health and Safety at Work Act. As well as benefitting from our in-depth knowledge of the latest health and safety legislation, you’ll also have the reassurance of clearly explained expert advice. We will ensure you understand the charges and tell you how best to proceed.

Your first response should be to call us for a free, no obligation meeting. We have offices in Central London and Southampton, and can meet at a location convenient for you.