Article 23 General duties of employees at work
23. —(1) Every employee must, while at work—
(a) take reasonable care for the safety of himself and of other relevant persons who may be affected by his acts or omissions at work;
(b) as regards any duty or requirement imposed on his employer by or under any provision of this Order, co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with; and
(c) inform his employer or any other employee with specific responsibility for the safety of his fellow employees—
(i) of any work situation which a person with the first-mentioned employee's training and instruction would reasonably consider represented a serious and immediate danger to safety; and
(ii) of any matter which a person with the first-mentioned employee's training and instruction would reasonably consider represented a shortcoming in the employer's protection arrangements for safety,
in so far as that situation or matter either affects the safety of that first-mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this sub-paragraph.
Therefore, the FA can prosecute an individual, whether they will would depends on the offence. On most occasions the company would and should deal with the problem using their own discipline procedures.
