Getting ready for Section 37 Prosecution
A construction company and an engineering firm have both been found guilty of breaching the Health and Safety at Work Act 1974 after the death of a self-employed man who fell to his death on a building site in 2008.
The 40 year old victim, who was contracted by Febrey, was working dismantling a scaffold ladder access platform ready for the installation of the roof and staircase on the fourth floor when he fell 19m to the ground, narrowly missing a carpenter working directly below.
The man suffered multiple injuries, including a fractured skull. He was taken to Hospital but died of his injuries two days later.
Section 37 of the Health and Safety at Work Act – Potential for Prosecution of Company Directors
Section 37 creates a secondary liability where the primary liability is that of another person. Prosecutions can be made if the following has occurred:
• An offence has been committed under any of the relevant statutory provisions by a body corporate
• The offence has been committed with the consent or connivance of or has been attributable to any neglect on the part of the accused
• The person accused is a director, manager, secretary or other similar officer, or a person purporting to act in any such capacity, or a member of a body corporate whose affairs are managed by its members.