Contents
1 Elements of health and safety law
The court hierarchy in England and Wales
An employer’s liability in tort
Employer’s Liability (Defective Equipment) Act 1969
Defences available in civil liability claims
A quick guide to statutes, regulations, approved codes of practice and guidance notes
The principal statutes in force before the Health and Safety at Work, etc. Act 1974
Health and Safety at Work, etc. Act 1974
Corporate liability, corporate manslaughter and corporate killing
Environmental Protection Act 1990
The European Environment Agency
Sale and Supply of Goods Act 1994
Benefits for sickness and disability
Disability Discrimination Act 1995
Trade Union Reform and Employment Rights Act 1993
Noise and Statutory Nuisances Act 1993
The roles of the enforcing authorities
Chemicals (Hazard Information and Packaging for Supply) Regulations 1994
Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2000
Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
Children (Protection at Work) Regulations 1998
Confined Spaces Regulations 1997
Construction (Design and Management) Regulations 1994
Construction (Head Protection) Regulations 1989
Construction (Health, Safety and Welfare) Regulations 1996
Control of Asbestos at Work Regulations 2002
Control of Major Accident Hazards (COMAH) Regulations 1999
Control of Lead at Work Regulations 2002
Control of Pesticides Regulations 1986
Control of Substances Hazardous to Health (COSHH) Regulations 2002
Dangerous Substances (Notification and Marking of Sites) Regulations 1990
Dangerous Substances and Explosive Atmospheres Regulations 2002
Electricity at Work Regulations 1989
Electrical Equipment (Safety) Regulations 1994
Environmental Protection (Duty of Care) Regulations 1991
Fire Certificates (Special Premises) Regulations 1976
Fire Precautions (Workplace) Regulations 1997
Gas Appliances (Safety) Regulations 1992
Gas Safety (Installation and Use) Regulations 1998
Gas Safety (Management) Regulations 1996
Health and Safety (Consultation with Employees) Regulations 1996
Health and Safety (Display Screen Equipment) Regulations 1992
Health and Safety (Enforcing Authority) Regulations 1998
Health and Safety (First Aid) Regulations 1981
Health and Safety (Information for Employees) Regulations 1998
Health and Safety (Safety Signs and Signals) Regulations 1996
Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972
Ionising Radiations Regulations 1999
Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
Management of Health and Safety at Work Regulations 1999
Manual Handling Operations Regulations 1992
Noise at Work Regulations 1989
Notification of Cooling Towers and Evaporative Condensers Regulations 1992
Notification of New Substances Regulations 1993
Personal Protective Equipment at Work Regulations 1992–2002
Pressure Equipment Regulations 1999
Pressure Systems Safety Regulations 2000
Provision and Use of Work Equipment Regulations 1998
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995
Safety Representatives and Safety Committees Regulations 1977
Simple Pressure Vessels (Safety) Regulations 1991–1994
Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985–2003
Supply of Machinery (Safety) Regulations 1992–1994
Transportable Pressure Vessels Regulations 2001
Controlled Waste Regulations 1992
Waste Management Licensing Regulations 1994
Work in Compressed Air Regulations 1996
Working Time Regulations 1998–2002
Workplace (Health, Safety and Welfare) Regulations 1992
Current trends in health and safety legislation
Wilsons & Clyde Coal Co. Ltd v. English (1938)
Edwards v. National Coal Board (1949)
Schwalb v. Fass (H) & Son (1946)
Paris v. Stepney Borough Council (1951)
Adsett v. K & L Steelfounders & Engineers Ltd (1953)
Marshall v. Gotham Co. Ltd (1954)
Richard Thomas & Baldwin v. Cummings (1955)
Davie v. New Merton Board Mills and Others (1958)
Uddin v. Associated Portland Cement Manufacturers Ltd (1965)
John Summers & Sons Ltd v. Frost (1955)
Kilgollan v. Cooke & Co. Ltd (1956)
Close v. Steel Company of Wales Ltd (1961)
Dewhurst v. Coventry Corporation (1969)
Lister v. Romford Ice & Cold Storage Ltd (1957)
White v. Pressed Steel Fisher Ltd (1980)
Thompson, Gray, Nicholson v. Smiths Ship Repairers (North Shields) Ltd (1984)
R. v. Swan Hunter Shipbuilders Ltd (1982)
British Railways Board v. Herrington (1972)
Ebbs v. James Whitson & Co. Ltd (1952)
McWilliams (or Cummings) v. Sir William Arrol & Co. Ltd (1962)
Corn v. Weir’s Glass (Hanley) Ltd (1960)
Mersey Docks and Harbour Board v. Coggins and Griffiths (Liverpool) Ltd (1974)
Tesco Supermarkets Ltd v. Nattrass (1971)
R. v. Associated Octel Ltd (1996)
Alsop v. Sheffield City Council (2002)
6 Recommendations for employers, managers and those in control of undertakings
Health and safety management systems
HS(G)65: Successful health and safety management
Documentation and record keeping requirements
Statements of Health and Safety Policy
Accident and incident investigation
Prevention and control strategies
Information, instruction and training
Bibliography and further reading