R&I spotlight on health and safety law
Produced in partnership with Jeremy Bark of Bryan Cave Leighton Paisner LLP
R&I spotlight on health and safety law

The following Restructuring & Insolvency practice note produced in partnership with Jeremy Bark of Bryan Cave Leighton Paisner LLP provides comprehensive and up to date legal information covering:

  • R&I spotlight on health and safety law
  • What is the main legislation covering this area?
  • Why is this relevant to IPs and their employees?
  • In what type of insolvency situations do health and safety issues arise?
  • Are there any steps that IPs can take to protect themselves from liability?
  • Be aware
  • Prior to appointment
  • Share information
  • Take matters seriously
  • Document any action
  • More...

What is the main legislation covering this area?

The main legislation concerning health and safety is the Health and Safety at Work etc Act 1974 (HSWA 1974). HSWA 1974:

  1. sets out:

    1. the broad health and safety duties which may apply in a work context,

    2. the enforcement regime for ensuring duties are properly discharged

  2. enables subordinate legislation to be made

There are more than 600 subordinate regulations which have been made under HSWA 1974. Quite often the regulations set out prescriptive obligations which must be adhered to. The regulations fall broadly into three categories and deal with:

  1. the way in which particular activities must be carried out

  2. management of health and safety functions, and

  3. issues specific to the sector or industry

As such, in any given case much of the subordinate legislation will not be applicable. However, it is important in each case to be aware of the applicable legislative framework.

In addition, the Health and Safety Executive (HSE) also publishes approved codes of practice which are statutory guidance covering a number of different health and safety issues, such as water quality management. Where the guidance applies, then if it is followed, insolvency practitioners (IP) duty-holders can be confident that they have discharged their obligations.

Why is this relevant to IPs and their employees?

There are a number of reasons, the most important are the following:

  1. much of the health and

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