Health and Safety legislation
Although a defendant is generally presumed not guilty under criminal law, there is a principle about intent known as strict liability, which means that even though there was no intention to cause harm, the defendant will be guilty. This position has been adopted fully by health and safety legislation.
In other words, the posture is would a “reasonable person” hold your employer partially to blame for the accident causing harm?
Company directors and managers may be personally liable under the HSW Act for a health and safety offence committed with their consent or connivance.
Under the Corporate Manslaughter and Corporate Homicide Act 2007 companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business.
Employers must do whatever is “reasonably practicable” to achieve this.
Employers have duties under health and safety law to assess risks in the workplace.
In court an employer must demonstrate that they have done all that they could have “reasonably” have done to protect their staff and visitors.
Management Consultants London (MCL) can help you identify gaps in your health and safety policy and work processess implimentation.
Health and safety cases
Various other health and safety cases
Health and safety risk assessment consultation
The employer has a duty to consult with staff or their elected representatives on health and safety issues. This will include:
Information on new workplace measures
Appointments of competent persons
Procedures for managing serious incidents
Training in health and safety matters
Impact of new technologies on health and safety procedures
Health and safety at work acts
Staff also have a duty of care and they must cooperate with their employers and complete any necessary training and wear any personal protective equipment issued by the employer.
Enforcing officers representing the local authority, the Health and Safety Executive (HSE)
or other government agencies have many powers including:
– Right of entry.
– To bring a policeman or other expert.
– Bring equipment, materials and use them.
– Examine, inspect, investigate, dismantle.
– Direct that things or places are left undisturbed.
– Require anyone to give facilities and/or assistance and to provide advice.
– Take measurements, photographs, recordings.
– Take samples from premises or atmosphere.
– Interview people and obtain signed statements of truth.
– Inspect and take copies of documents, entries in books and other paper or digital records.
– Issue enforcement notices.
– Initiate prosecution.
– Any other power to do their job.
The Health and Safety Executive (HSE) can now charge a fee for this “intervention”.
Supply of Goods and Services Act 1982
This Act requires that any person providing a service in the course of a business should
provide that service with reasonable care and skill (Section 13).
Unfair Contract Terms Act 1977
This Act states that any term which attempts to exclude or limit the following liabilities will be ineffective.
Liability for death or personal injury caused by negligence (Section 2).
Liability for other negligence (unless the term satisfies the reasonableness test set out in the Act (Section 2).
Health and safety consultant London
The Health and Safety at Work Act requires employers to maintain a healthy and safe system
of work, which, under the Management of Health and Safety at Work Regulations 1999,
should be achieved through risk assessment.
The Act requires that employers with five or more employees to carry out a risk assessment and record the significant findings.
A good manager takes action. Book a call from management consultants London to discuss a cost effective risk assessment.
Coronavirus London Update
COVID 19 UK Update
- COVID-19 update 23 September 2021 | Ministry of Health NZPosted on September 23, 2021 at 1:10 am
Prime Minister Jacinda Ardern and Director-General of Health Dr Ashley Bloomfield will update the media today at 1pm. They will be joined by COVID-19 ... […]
- FDA authorises Covid-19 booster shots for over 65s | Financial TimesPosted on September 23, 2021 at 12:22 am
Sign up to myFT Daily Digest to be the first to know about Covid-19 vaccines news. The Food and Drug Administration has approved a third shot of the BioNTech/ ... […]
- 'Would you like Pfizer with that?' New Zealanders could get Covid jab with fast-food fix | New ...Posted on September 23, 2021 at 12:21 am
' New Zealanders could get Covid jab with fast-food fix. Government is in talks with KFC, Pizza Hut and Taco Bell to administer vaccinations while customers ... […]
- Veklury® (Remdesivir) Significantly Reduced Risk of Hospitalization in High-Risk Patients ...Posted on September 23, 2021 at 12:03 am
Remdesivir, also known as Veklury, is an effective antiviral for the treatment of hospitalized patients with COVID-19 and an essential tool to help reduce ... […]
- Coronavirus latest: Florida scraps quarantine requirement for children exposed to Covid-19 ...Posted on September 22, 2021 at 10:23 pm
Half of all UK school children have had Covid, health chief says. Remdesivir lowers hospitalisation risk, says Gilead. South Korea to receive 1m doses from UK ... […]
- Timeline: How the Church has responded to the global COVID-19 pandemic - Church NewsPosted on September 22, 2021 at 9:20 pm
A family receives the sacrament tray while holding their face masks. The priesthood holder follows COVID-19 recommended public guidelines by wearing a face ... […]
- Average daily U.S. Covid deaths climb above 2000 for the first time since March - CNBCPosted on September 22, 2021 at 9:00 pm
An average of more than 2,000 Americans are once again dying from Covid every day, a grim threshold that the country has not seen in more than six months. The ... […]