Representation:

to prove a company officer's neglect under Health and Safety at Work etc. Act 1974 s.37(1), the prosecution is not required to establish that the officer "turned a blind eye" to the material facts. Where the officer has no actual knowledge of the material facts, the question is whether he should nonetheless have been put on inquiry by the surrounding circumstances so as to be required to take steps to determine whether or not appropriate safety procedures were in place.

For relevant general notes see Company Directors /health and safety matters and Health and Safety at work/criminal offences .