British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were not criminally liable.
Held: A corporate employer cannot evade the strict liability imposed by the legislation by delegation of its responsibilities. Subject to the defence of having done what was reasonably practical, which meant only the measures necessary to avert risks, the section created an absolute offence, to which there was no defence that the ‘directing mind’ at senior level had taken all reasonable care to delegate responsibility to a competent and responsible person. The offence created by section 3 is subject to the reasonably practicable defence, which is for a defendant to prove on a balance of probabilities ‘that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty . . or that there was no better practicable means than was in fact used to satisfy the duty or requirement.’
Citations:
Times 31-Dec-1994, [1995] IRLR 310, [1995] ICR 586, [1995] 1 WLR 1356
Statutes:
Health and Safety at Work Act 1974 3(1) 40
Jurisdiction:
England and Wales
Citing:
Considered – Tesco Supermarkets Ltd v Nattrass HL 31-Mar-1971
Identification of Company’s Directing Mind
In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store.
Held: ‘In the . .
Applied – Regina v Board of Trustees of the Science Museum CA 26-May-1993
The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings . .
Applied – Regina v Associated Octel Ltd CACD 3-Aug-1994
The company was said to have failed in its duties under section 3(1) of the 1974 Act.
Held: The maintenance and cleaning of a company’s premises can be part of its undertaking, for which its managers are criminally responsible, even if outside . .
Cited by:
Cited – Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another Admn 26-Apr-2005
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of . .
Cited – Ferguson v British Gas Trading Ltd CA 10-Feb-2009
Harassment to Criminal Level needed to Convict
The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 09 April 2022; Ref: scu.86213
