Occupational disease

Enterprise and Regulatory Reform Act 2013

On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 rewrote section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). In relation to accidents occurring at work after that date. Civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. For accidents that occurred prior to 1 October 2013, there are a number of statutory provisions which impose a strict liability on employers. When this duty applies, the claimant will succeed irrespective of whether there was any fault on the part of the defendant.

The regulatory regime will still be relevant to claims involving accidents post-1 October 2013 but, in most cases, claimants will have to prove negligence on behalf of their employer.

For further guidance, see Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013 and HSWA 1974, s 47.

Asbestos

Inhalation or ingestion of minute asbestos particles can lead to the development of pleural plaques, pleural thickening, asbestosis, lung cancer and mesothelioma. While it is likely