This Practice Note deals with who owes duties and what duties are owed under the Construction (Design and Management) Regulations. It also covers head protection. The regulations apply to all parties undertaking construction works, save for domestic individuals who are not undertaking construction works as part of their business.
Note: for access to revoked regulations referred to in this Practice Note, Subscribers of Lexis+ UK Legal Research can request historical versions here.
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 that date, Civil liability no longer arises from a breach of health and safety statutory duty unless the relevant regulation provides for it. Practitioners now have to prove the common law of Negligence. While it is no longer appropriate to base a claim on the breach of a regulation, claimant practitioners often still refer extensively to the relevant statutory provisions (or at least recite what they say) as setting out the standards of care expected.
In order
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