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Section 7 & 37 (Health & Safety Act) prosecutions of individual managers & company directors

If you are facing an investigation or prosecution from the Health and Safety Executive (HSE), this can be an extremely distressing and confusing time. An investigation into an issue regarding health and safety can lead to serious fines and penalties, or damage to your business if not handled correctly.

 

This is why it is vital that you instruct the team of experienced health and safety law solicitors at Moore Blatch. We have many years’ experience in representing and defending clients regarding their issues with the HSE. We pride ourselves on providing clients with advice they can understand and aim to ensure a positive outcome that protects your best interests. Call today on 023 8071 8037 to speak to an expert health and safety law solicitor about your issue. 

Representation and advice regarding Section 7 and 37 (Health and Safety Act) prosecutions of individual managers and company directors

Our expert health and safety law solicitors have a vast amount of experience in dealing with all aspects of health and safety law, including issues regarding Section 7 and 37 of the health and safety act. 

Section 7 explained - General duties of employees at work

Section 7 of the HSWA specifically refers to the important duties that are placed on an employee and was initiated to help protect not only other employees, but any other person who may be affected by the employee's actions or inactions.

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

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 the following:

  • 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 - Offences by bodies corporate

Section 37 of the HSWA pertains directly to offences committed by corporate bodies and where directors, managers, secretaries or other similar 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 etc Act 1974.”

If you are a director/manager or find that 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/manager. This legal process could place your business at risk if not handled correctly, which is why it is vital that you seek expert help from a team of experienced health and safety solicitors.

One of the leading law firms in the South of England

The expert team of specialist HSE law solicitors at Moore Blatch have a strong track record of defending and representing companies or individuals who are facing prosecution under section 7 and section 37 of the Health and Safety at Work act. Our team prides itself on the ability to stay up to date with the ever-changing nature of HSE legislation, providing you with the advice you need in plain English to ensure you are fully aware of the charges and how best to proceed.

This is part of the personal and direct service that you will receive as a Moore Blatch client.

Contact us

Call us today on 023 8071 8037 to arrange a free, no obligation meeting. We have offices in Central London and Southampton and can meet at a location that is convenient for you.

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