Posted By Tony Clark
Can anyone tel me if an employee or director of a 3rd party company can be prosecuted under this section if he sees an unsafe practice being carried out by a third party company employee? I beleive that he can. If so does anyone know of any case law that is relevant?


Best regards

Tony

Posted By ddraigice
For a charge of section 37 to be levelled, there must be proof of an offence under one of the sections of HSW and proof of two other points, i.e. the offence committed with the consent/connivance or neglect and the person accused is a senior mangaer or director (or similar) of the body corporate.

If your post refers to a clear breach by a 3rd party company on a clients premises then a section 37 can be taken against a director (irrespective of whether he has seen it first hand). Employees duties are under section 7 - but they have to be negligent and not just walking by an unsafe act, so if they directly caused or contributed to an accident by failing to follow a safe system of work and the company did all that was reasonably practicable they could be liable.


See http://www.hse.gov.uk/en...dentifying/directors.htm

and
http://www.hse.gov.uk/en...g/employees.htm#P13_2514