Health and Safety

In considering whether there has been neglect within the meaning of s 37(1) of the Health and Safety at Work Act 1974 on the part of a particular director or other officer, the issue is whether he failed to take some steps to prevent the commission of an offence by the company if the taking of those steps expressly fell or should be held to fall within the scope of the functions his office.

The question is whether, if there had not been actual knowledge of the relevant state of facts, nevertheless the officer of the company should have, by reason of the surrounding circumstances, been put on enquiry as to whether or not the appropriate safety procedures were in place. That would depend on the evidence in every case.