Health and safety offences

Health and safety offences guidance:

Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from...

Practice Note

Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and Safety at Work etc Act...

Practice Note

There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court or to the Court of...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

The Construction (Design and Management) Regulations 2015 (the Regulations) came into force on 6 April 2015. Their purpose is to make health and safety a fundamental and...

Practice Note

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear...

Practice Note

Penalties The Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’). They are an example...

Practice Note

The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place controls, so that...

Practice Note

Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is one of the most important health and safety laws for any...

Practice Note

What is the HSE? The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to prevent death,...

Practice Note

General duties under the Companies Act 2006 Section 172(1) of the Companies Act 2006 (CA 2006) creates a general duty on a director to: ‘… act in the way he considers, in...

Practice Note

Interfering with safety offence Every employee is under a duty, while at work, to take reasonable care for the health and safety of himself and of other people who may be...

Practice Note

What are the hazards? Around 1000 electrical accidents are reported to the Health and Safety Executive (HSE) every year and 25 people die of their injuries. The main...

Practice Note

This Practice Note summarises the key offences which can be committed under the Health and Safety at Work etc Act 1974 (HSWA 1974) and the process for their prosecution...

Practice Note

This Practice Note sets out key developments in relation to fire safety following the Grenfell Tower fire on 14 June 2017. Among other things, it looks at: • the...

Practice Note

This Practice Note covers regulatory requirements relating to fire safety in the workplace. For practical information about managing fire safety in the workplace, see...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice Notes Health and...

Practice Note

This Practice Note explains the approach taken by the Health and Safety Executive (HSE) to the enforcement of health and safety law in England and Wales. The HSE has a...

Practice Note

This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office of Rail and Road...

Practice Note

Prior to 1 October 2015, the self-employed were obliged to protect themselves and others from any risks to their health and safety which may arise from the work...

Practice Note

Under the Health and Safety at Work etc Act 1974 (HSWA 1974), a number of general duties are imposed to ensure the health and safety of employees and non-employees while...

Practice Note

Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices and Prohibition...

Practice Note

This Practice Note explains the law in relation to interviewing a suspect under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE...

Practice Note

Levying payment for safety equipment Employers have a series of duties imposed upon them by the Health and Safety at Work Act 1974 (HSWA 1974) in relation to: • their...

Practice Note

The Health and Safety Executive The Health and Safety Executive (HSE) is a non-Departmental Body of the Department of Work and Pensions and is the main regulator for...

Practice Note

What is RIDDOR? Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, SI 2013/1471 (RIDDOR) is a regulation which requires employers and others in...

Practice Note

In England and Wales, compliance health and safety legislation is enforced by the Health and Safety Executive (HSE) and local authorities. For information on the approach...

Practice Note

Gross negligence manslaughter is a common law offence and occurs when the offender: • is in breach of a duty of care towards the victim • the breach causes the death of...

Practice Note

The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence-specific sentencing guidelines for use in the...

Practice Note