Posted By Alan Hewett Could anyone shed some light on this for me? With regards to elected members in a local authority environment I am trying to ascertain which section of the health and safety at work act could be applied to them regarding criminal liabilities. Would it be section 36 or 37? I was under the impression that it would be section 36 but I have been given opinions to the contrary that it would be section 37. Any thoughts? Alan

Posted By Alan Hewett Alan, Thanks for your response. Dependant on the constitution of the Authority its cabinet (consisting of a group of members) or, in the case of executive decision making powers, individual members, can make decisions which can impact directly on how an Authority conducts it undertakings, which in certain scenarios could have health and safety implications. So I think that there can be a (potential) link even if it would be tenuous or deemed to be highly unlikely to occur, though of course I'm not sure which is why I appreciate yours and other forum users comments. If such a link does or could exist I want to ensure that members are aware of any potential (criminal) liabilities they could face. Please note that I'm researching information that will eventually form part of a briefing for members on their health and safety roles and responsibilities as opposed to dealing with a specific incident.

Posted By Alan Hewett Jeff, Thanks a lot for that, the link is really useful. Let me know if spider offers an opinion as the day progresses. Thanks again Alan