Can a health and safety officer be prosecuted?
Section 37 HSWA provides that, if a company commits a health and safety offence, then its directors or officers can be prosecuted where the offence can be shown to have been committed through the consent, connivance or neglect of the individuals subject of the prosecution.
Can employees be prosecuted under HSWA?
1 To prosecute under section 7 you must be able to prove that a person is: employed, and. ‘at work’ in the course of his/her employment, and either. did not take reasonable care for someone’s health and safety (including their own), or.
What is section 37 of the health and safety at work act?
If a company commits a health and safety offence then its directors or senior managers can be prosecuted for breaching section 37 if the offence was due to their consent or connivance or attributable to their neglect.
Can HSE prosecute individuals?
The role of HSE The Enforcement Policy Statement ( PDF ) emphasises the serious nature of any death resulting from work activities. However, HSE cannot investigate or prosecute individual or corporate manslaughter, or any other criminal offences outside its health and safety remit.
Who can be prosecuted under health and safety law?
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 …
Can a director of a company be prosecuted?
Can a director be prosecuted for a criminal offence? A director, manager, secretary or other officer of the company can be prosecuted for a criminal offence if personal liability can be established. In the event of a breach of the law, an offence is committed by every officer of the company who is in default.
What is a Section 37 2 agreement?
However, section 37(2) of OHASA provides that an employer may escape liability for the conduct of a mandatary by concluding a written agreement for the arrangements and procedures for compliance with the provisions of OHASA.
What is Section 3 of the Health and Safety at Work Act?
Section 3 of the Health and Safety at Work, etc Act 1974 (HSWA) places a duty on every employer and self-employed person to conduct their undertaking in such a way as to ensure, as far as is reasonably practicable, that people who are not in their employment but may be affected by it, are not exposed to risks to their …
Can companies and individuals be prosecuted?
A company is a legal person, capable of being prosecuted, and should not be treated differently from an individual because of its artificial personality.
What are the consequences of not following the HSWA?
The maximum penalty for failure by an employer to comply with a general duty imposed by HSWA 1974, ss 2–7 on summary conviction is six months imprisonment or an unlimited fine or both. On indictment, the maximum penalty is two years imprisonment or a fine or both.
Can directors go to jail?
In general, it is uncommon for company directors to be arrested and jailed for business fraud. If a business is liquidated via compulsory or Creditors’ Voluntary Liquidation, the actions of directors leading up to this time will be investigated by the Insolvency Service. …
What are the requirements for a HSWA S37 prosecution?
Proceedings under HSWA s37 will require proof of the following elements: that an offence has been committed under any of the relevant statutory provisions 1 by a body corporate; that the offence has been committed with the consent or connivance of or has been attributable to any neglect on the part of the accused; 2 and
Can I go to prison for Section 37 (HSWA)?
Section 37 (HSWA) : Can I go to prison? If convicted, a crown court can impose a sentence of up to two years imprisonment . The threshold for a custodial sentence is now much lower under the current sentencing guideline for health and safety offences.
Can a director or manager be prosecuted under HSWA?
The figures show that broadly, whilst it is very unlikely for a director or manager to be prosecuted, the chances of conviction is prosecuted are high. In 2018-19 the HSE only brought 29 cases, securing 23 convictions under Section 37 HSWA and none under Section 36.
What is Section 37 of the health and safety at Work Act 1974?
Section 37 of the Health and Safety at Work etc Act 1974. If a company commits a health and safety offence then its directors or senior managers can be prosecuted for breaching section 37 if the offence was due to their consent or connivance or attributable to their neglect. Section 37 (HSWA) : Can I go to prison?