The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Employers have a series of duties imposed upon them by the Health and Safety at Work Act 1974 (HSWA 1974) in relation to:
their employees, on employers
the self-employed in relation to people other than their employees
on people concerned with premises in relation to persons other than their employees, and
on manufacturers in respect of articles and substances for use at work and on employees
The Act creates a general duty not to interfere with or misuse things provided pursuant to the relevant statutory provisions, see Duty to take reasonable care and interfering with safety and a duty not to charge employees for things done or provided in pursuance of any specific requirement of the relevant statutory provisions.The HSWA 1974 creates a specific duty that an employer may not charge any employee of his for anything done or supplied in compliance with any specific requirement of the relevant statutory provisions. Contravention of this duty may be a criminal offence under HSWA 1974, s 33(1)(b).Unlike the other duties imposed by the Act, there is a possibility of making a civil claim for the contravention of it. A breach of the other duties may lead to prosecution for an offence but does not give rise to civil liability.
The elements of an offence under section 9 are:
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