Focus on… Section 7 of the Health and Safety at Work etc Act 1974

Employers may at times feel as though the duty for safeguarding an individual’s health and safety lies solely with them. This is not always the case…

What does Section 7 of the Health and Safety at Work etc Act 1974 say?

We are all by now familiar with an employer's duties to its employees and those not in their employment under sections 2 and 3 of the Health and Safety at Work etc. Act 1974.

However, section 7 of the Act places a duty on an employee to take reasonable care of the health and safety of themselves and others who may be affected by their acts or omissions at work. This section also extends an employee’s requirement to co-operate with their employer to ensure that the company complies with its health and safety duties under the Act.

 It is important to note that an “employee” is an individual who works under a contract of employment (section 53 of the Act) and that their duties under section 7 are restricted to their actions “at work” as defined in section 52 of the Act. 

When is Section 7 of the Health and Safety at Work Act used?

In the event of a workplace incident being investigated by the Health and Safety Executive (“HSE”), and an employer has been able to demonstrate that it took all reasonably practicable steps to discharge its health and safety duties, the HSE may turn its attention to actions of individual employees. 

Following a recent case at a Primary School in Bristol where pupils and staff were exposed to asbestos during renovation work, an employed construction site supervisor, pleaded guilty to breaching section 7 of the Act and was ordered to pay a total financial penalty of £6,520 and received a criminal conviction.

The employed construction site supervisor was undertaking refurbishment work at the school when he cut through an asbestos insulating board with a saw resulting in asbestos fibres spreading throughout the hall of the school, which was used by staff and pupils for two consecutive days afterwards. 

HSE’s investigation found that the employed construction site supervisor failed to follow his asbestos awareness training. It is of note that he also failed to follow clear instructions not to disturb the asbestos insulating board ahead of an anticipated inspection by a specialist asbestos contractor. 

A HSE inspector highlighted that around 5,000 people die every year from asbestos-related diseases. Many of these take years before the symptoms develop. In the case referenced above, the exposure to asbestos fibres was caused by an employed construction site supervisor who failed to follow the instructions and procedures designed to prevent such incidents.  

What is the penalty?

The Health and safety offences, corporate manslaughter and food safety and hygiene offences: Definitive guideline issued by the Sentencing Council, sets out the range of penalties that an individual convicted of an offence under section 7 may face.

These range from a fine (based on the individual’s income), community order, or up to two years’ imprisonment depending on the seriousness of the harm caused.

The culpability of the individual is considered to be heightened if there is evidence of a flagrant disregard of the law or wilful blindness to the risk of offending.

Whilst the duty under this section rests with the employees, employers must still ensure that they have done all that is reasonably practicable to educate their employees as to their own duties under the Health and Safety at Work Act. 

This can be done with a thorough and rigorous induction followed by regular training and/or visible reminders to put the issue and the potential risks at the forefront of employees' minds.