Birmingham Heartlands and Solihull NHS Trust has been reported to the Health and Safety Executive for failing to implement the European Working Time directive.
The British Medical Association has accused the trust of failing to monitor doctors' hours and claimed that as a result senior doctors were likely to be working excessive hours.
The directive, introduced into UK law in 1998, limits senior doctors to working 48 hours a week. It does not yet apply to juniors.
This is the first time the BMA has taken action, despite threatening for the past year to pursue legal sanctions against trusts that are failing to meet the legislation's requirements.
An agreement between the BMA and the Government sets out minimum rest periods and includes resident on-call work in the 48-hour limit.
In a letter to the HSE, Anna Ferrant, principle executive officer for the BMA's Central Consultants and Specialists Comm- ittee, said the trust has "chosen to ignore the terms of the collective agreement and has therefore failed in its obligations as an employer to protect the health and safety of its senior doctors."
The HSE has the power to bring court action, which can lead to the trust being fined up to £5,000 if it is found guilty.`