OCCUPATIONAL HEALTH AND SAFETY LAW: TEXT AND MATERIALS Second Edition CP Cavendish Publishing Limited London • Sydney OCCUPATIONAL HEALTH AND SAFETY LAW: TEXT AND MATERIALS Second Edition Professor Brenda Barrett MA, PhD, Barrister Professor of Law, Middlesex University Business School, Middlesex University Professor Richard Howells LLB, LLM, PhD Emeritus Professor of Law, Westminster University CP Cavendish Publishing Limited London • Sydney Second edition first published in Great Britain 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7171 278 8080 Email: info@cavendishpublishing.com Website: www.cavendishpublishing.com © Barrett, B, Howells, R First edition Second edition 2000 1995 2000 All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher Barrett, Brenda Occupational health and safety law: text and materials – 2nd ed Industrial safety – Law and legislation – Great Britain – Cases Industrial hygiene – Law and legislation – Great Britain – Cases I Title II Howells, Richard III Cases and materials on occupational health and safety law 344.4'1'0465 ISBN 85941 560 Printed and bound in Great Britain ACKNOWLEDGMENTS The authors would like to thank the European Agency for Safety and Health at Work, the Health and Safety Executive, the New Law Journal, the Sheffield Information Centre, HSE and the Institute of Employment Rights for giving permission to reproduce materials in this book Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, the publishers will be pleased to make the necessary arrangements at the first opportunity v PREFACE The primary purpose of this text is to assist students of occupational health and safety law It is believed that this book will appeal to both undergraduate and postgraduate students who have an interest in this area In addition, it may prove to be a useful reference text for practitioners of safety management, though the latter may wish to use it as a preliminary to more detailed study of the particular topic they are researching The text draws heavily on legislation and law reports, but some references to other materials are made when this has seemed to the authors to be an appropriate way of developing, explaining or commenting on the legal materials The presentation is thematic Accident prevention and accident compensation are both covered and this in itself suggests two major themes – namely, the respective roles of the criminal and the civil law in encouraging the operation of safe systems at the workplace Within these themes, the role of the European Union, the UK Parliament and the European and UK courts of law have to be accommodated The thematic approach dictates that individual extracts from source materials are relatively short, although, within the covers of the book, much of the major relevant law will be found The complex nature of the relationships between England, the UK and the European Union have to be kept clearly in view by the lawyer This text is written from the viewpoint of English lawyers, but the English lawyer cannot, in the 21st century, ignore the impact of the European Union on English law The authors have tried to indicate whether Acts of Parliament or decided cases are relevant to the whole, or only parts of, the UK The law set out in the text is, unless otherwise indicated, the law in force in June 2000 Sometimes the authors have referred to interpretations of laws no longer directly relevant, because there is, in their view, a principle embedded in that law which is still relevant today On occasions it has seemed pertinent to draw attention to laws which, at the time of going to press, were only in draft Note: following a recent review of procedure in civil litigation, the person who initiates litigation is no longer referred to as a ‘plaintiff’ The person who sues is now named a ‘claimant’ The new terminology is used by the authors when explaining the law but, inevitably, the old terminology has to be retained when citing cases decided before the introduction of the new language BNB RWLH June 2000 vii CONTENTS Acknowledgments v Preface vii Table of Cases xi Table of Statutes xxi Table of Statutory Instruments xxvii Table of European Legislation xxxv Introduction: The Concept of Risk Management PART I – CIVIL LIABILITY The Background to the Modern Civil Law 33 The Framework of Civil Liability Today 51 Liability for Personal Injury 1: Duty of Care in the Tort of Negligence 81 Liability for Personal Injury 2: Breach of Duty 111 Liability for Common Law Negligence: Damage 135 Civil Liability for Breach of Statutory Duty 157 Civil Liability: Defences, Quantum and Extinction of Liability 191 PART II – CRIMINAL LIABILITY The Framework for Prevention of Workplace Injuries 219 10 The Regulatory System in Great Britain 257 11 The General Duties 311 ix Chapter 14 – The Role of the European Union Record of implementation The Government has, in the main, been sympathetic to EC safety directives and has attempted to bring them into British law Possible weaknesses The following comments can be made in respect of British occupational health and safety legislation: (a) consultation with workers: this area is the one in which there has been the biggest question about UK compliance As a result of the Health and Safety (Consultation with Employees) Regulations 1996, it is no longer the position that only unionised workplaces have the opportunity to legal right to safety representatives However, the culture of employment in the UK, now that the power of the trade unions is so much reduced, does not encourage the appointment of safety representatives In the alternative, the supposed commitment of British management to personal rather than collective relationships between employer and the workforce does not easily accommodate meaningful consultation on intended changes in the workplace safety arrangements It therefore remains doubtful whether, in practice, there is compliance with Article 11 of the Framework Directive’s requirement for consultation and participation of workers National practice may well fall short of the ‘balanced participation’ referred to in that Article The British regulatory system appears to make adequate provision for the provision of information and training to individual workers The British system of commitment to personal rather than collective relationships between employer and the workforce does not easily accommodate meaningful consultation on intended changes in the workplace safety arrangements; (b) reasonable practicability: the particular nature of the British regulatory tradition with its emphasis on tightly drawn duties, does not entirely fit happily with the broader European approach The official UK position is that in practice is it not possible to ‘ensure’ safety at the workplace and therefore the British statutory formula is a sensible pragmatic response to the wording of the Directives which place an apparently stricter duty Directives impose minimum standards The European directives are enforced through the criminal courts in Britain It is not obvious that aggrieved individuals would challenge standards which imposed a lower standard than directives required: should British standards in fact be higher, there would be no right to challenge them because the directives purport only to stipulate minimum standards It is, however, just possible, but rather unlikely, that the Commission might challenge the concept of ‘reasonable practicability’ 487 Occupational Health and Safety Law: Text and Materials European laws invalidate earlier national laws In R v Secretary of State ex p Factortame,8 the House of Lords referred to the European Court the question of whether or not Community law provides interim protection of rights under Community law in the event of the existence of inconsistent national legislation The European Court held that Community law required a national court to set aside a rule of national law when that court, considering a question of Community law, believed that the sole obstacle precluding it from granting interim relief was the rule of national law In the light of this, it might possibly occur that the 1974 Act or regulations made under it or earlier British legislation might have to concede to later European law However, the 1974 Act is so broad that it seems unlikely that it would conflict with European laws Damages against the State The European Court of Justice held in Francovich v Italian Republic (1992)9 that an individual who has suffered loss as a result of the failure of a Member State to take all the necessary steps to achieve the result required by a directive may sue the state for damages under Community law, It can only be a matter of speculation whether persons might invoke this decision if they suffered injury at the workplace as a result of a failure of British regulations to impose the standards required under European directives It seems highly improbable that, given the generality of the 1974 Act, such a situation could be claimed to have occurred Even if that matter could be established, it is even more unlikely that the rule in Francovich would be applied in such circumstances, given the difficulty of establishing causation of personal injuries and of quantifying the damages In any case, UK personal injury compensation law is now so firmly based on the tort of negligence that it is hard to envisage circumstances in which a claimant would ignore that and prefer to sue the State The only situation in which this would be at all likely to occur would be if the claimant saw no prospect of obtaining compensation in the normal way because the defendant organisation was uninsured and without funds [1990] CMLR 867 [1992] IRLR 84 488 INDEX Absolute liability, 170 criteria of liability, 111–33, 168–89 definition, 157 interpretation of statutes currently in force, 184–89 judicial approach, 167–68 scope of duty, 171–75 Accident compensation See Compensation Accident prevention, 8, 250 scientific approach, 12 statutory provisions, 162 Accidents, 21–22, 116 costs, 18–19 liability, 11 notifiable, 422 second, 148–53 work-related, 27, 167, 236 Breaking the law, costs, Bungee jumping, 298–302 Burden of legislation, 270–72 Bystanders, 99, 102, 104 Accommodation for clothing, 386–87 Canada, Workers’ Administration, unified, 272–73 Cancer, 146–47 Administrative control, 242–52 falling short of licensing, 247–48 Capabilities of employees, 370 Advice, provision of, 289 Aftermath, concept of, 98 Aggregation, principle of, 229 Annual leave, 438 Apportionment of blame, 192–96 Articles supplied for use at work, 350–53 Asbestos, 317–19 licensing, 245–46 Association of Chief Police Officers, 236 Benefits, provision for recovery, 203 Breach of statutory duty, 41, 54, 111–33 cases illustrating general principles of statutory interpretation, 169–75 civil liability, 157–89 concepts of continuing relevance, 176–84 Compensation Board, 23–24 Case law, 90 liability, 52 negligence, 111 occupiers’ liability, 126 role of, 33 safe systems, Catastrophes, 221, 226, 247–49 Causation, 153 chain of, 148 of danger, 239 Chain of causation, 148 Children, 91 Civil actions, time limits for, 204 Civil law, 3–5, 7–8 background, 33–50 foresight in, Civil liability, 5–6, 191–216, 219 See, also, Pearson Commission breach of statutory duty, 41, 157–89 exclusions, 166, 374–75 by omission, 166 489 Occupational Health and Safety: Text and Materials framework, 51–80 health and safety at work, 163–64 regulations potentially supporting, 164 Royal Commission, 15–16 statutory provisions, 160 strategies of litigation, 211–16 Civil proceedings, consumer protection, 163 Cleanliness, 379 Clothing, accommodation for, 386–87 Codes of Practice, 28–29, 266–68, 277–80, 362, 376, 427 Common employment, doctrine of, 61 Common law See Case law Communication with workers, 254 Compensation, 8, 158–59 See, also, Damages claims, contemporary perspectives, 17 fault based system, 15 industrial injury, 61 litigation, loss of income, 211 personal injuries, 146 psychiatric injury, 105 Royal Commission, 15–16 scale of present sources, 16 vs prevention, 12 Competent authority, functions of, 251–52 Compliance, promoting, 289 Conaghan, Joanne, 17 Conducting the undertaking, 323–32 Consultation, 418, 420–21, 430–33, 481–82 Consumer protection, 160–64, 350 Contract of employment, 57, 82 Contract of service, 59–60 Contractors controller’s relationships with, 346–50 liability to workers, 82–85 Contractual relationship, 36, 57 Contributory negligence, 191–96 fatal accidents, 207 Control of premises, 346–50 Controller’s relationships with contractors, 346–50 Co-operation, 368 Co-ordination, 368 Corporate liability concept of, 224–26 manslaughter, 226–30 offences, 355–59 problem of establishing, 224–26 theories of, 226 Cost of prevention vs cost to victim, 115 Cost-benefit analyses (CBA), 24–25 Costs accidents, 18–19 breaking the law, The Costs of Accidents at Work, 18–19 Criminal law, 3–5, 7–8, 10 codified, 237 strict liability, 54 use of, 235–37 Criminal liability, 219 Crown Prosecution Service (CPS), 236, 287 Culpable vicissitudes, 154 490 Index Damage, 135–55 actionable, 135–38 consequence of defendant’s conduct, 138–45 Damages, 42–43 assessment of, 203, 207 injuries suffered at work, 158–59 loss of expectation of life, 211 measure of, 202 strategies of litigation, 214–16 Danger, causation of, 239 Danger areas and procedures, 366–67 Dangerous occurrences notifiable, 422 reporting, 282–83 Death, 132, 146–47, 205–08, 236 See, also, Fatal accidents effect on certain causes of action, 207–08 Defective products See Product liability Defences, 191–99 Department of Trade and Industry Competitiveness White Paper, 27 Review of the Implementation and Enforcement of EC Law in the UK, 20 Dermatitis, 144, 145 Direct financial penalties, Directives See EC Directives Directors, liability of, 355–59 Disasters, 227–30 Diseases, 21–22, 135, 140, 153 liability, 11 notifiable, 422 reporting, 282–83 Disobedience, 68 Display screen equipment, 135, 401–05 daily work routine of users, 402 regulations, 401–05 Documents, inspection, 422–23 Domestic premises, 343–46 Doors, 382, 384 Drinking water, 386 Duty of care, 82–95, 111 See, also, Breach of statutory duty burden of establishing, 131–32 employer’s liability, 92 impact of Donoghue v Stevenson, 82 in tort of negligence, 81–109 overriding, 108–09 Eating facilities, 387–88 EC Directives, 258, 263, 265–66, 361, 362, 375, 415 employment, 429–33 failure to implement, 484–85 health and safety, 28, 407, 473–85 occupational health and safety, 242 procedure for adopting, 471–72 provision and use of work equipment, 164 working time, 266, 433–34, 463–64 workplace, 166 EC requirement for workers, 254 491 Occupational Health and Safety: Text and Materials Economics, safety, 24–25 duty to involve employees, 417–19 duty to take care, 38 general duties, 311–23 general obligations, 477–78 liability for acts of employees, 332–39 personal duty to employees, 47–49 personal responsibility, 36, 37 provisions as to liability, 374 responsibilities of, 118–25 responsibility for instruction and training, 119–21 Emergencies, 116 medical care, 367 plans, 250–51 Emissions, 350 Employee Consultation and Involvement in Health and Safety, 441–43 Employees See, also, Workers capabilities of, 370 disobedience, 68 duties of, 370–71, 446–47 duty of employers to, 418–19 evacuation of, 479–80 from outside undertakings, 368–70 insurance against liability for, 79 liability of employers for acts of, 332–39 personal responsibility, 37 risk acceptance, 38 skill, training and experience, 119–21 vs other workers, 64 Employers conducting the undertaking, 323–32 co-operation, 368 co-ordination, 368 duty of reasonable care, 63 duty to consult, 417–28, 430–33 duty to consult and provide facilities and assistance, 420–21 duty to employees, 418–19 duty to inform, 417–28 Employers’ liability, 43–44, 57–64, 82 avoidance, 105–08 developments, 37 duty of care, 92 extension of, 79 origins, 34–37 Employment changing pattern, 29 contract of, 57, 82 EC Directives, 429–33 protection from suffering detriment, 443–46 terms and conditions of, 433–46 Employment Appeal Tribunal (EAT), 457–60 Employment rights, 439–46, 448–60 Employment tribunal See Industrial tribunal Empowerment of workers, 254 Enforcement, 244, 280–83, 286–87 of EC law in the UK, 20 492 Index Enforcing authorities, 281–82 Environmental protection, Equipment, 36, 80, 185 See, also, Personal protective equipment conformity with Community requirements, 391 control systems, 394 controls, 394 duty to supply, 354 EC Directive, 164 emergency stop controls, 393 high or very low temperature, 392–93 information and instructions, 390 inspection, 389–90 isolation from sources of energy, 395 maintenance of, 377, 389, 395 markings, 395 provision and use of, 388–96 regulations, 164–65 safe use, 279–80 specific risks, 390 stability, 395 starting controls, 393 stop controls, 393 suitability, 389 usage, 370–71 warnings, 396 Escalators, 384 Essentials of Health and Safety at Work, 19 European Agency for Safety and Health at Work, 24–25 European Community, 465–67 See, also, EC Directives; Maastricht Treaty; Treaty of Rome European Economic Community (EEC), 463 European Union (EU) aligning national law and EU laws, 485–88 economic impact of occupational safety and health, 24–25 enforcement of law in UK, 20 improvement of living and working conditions, 22–24 legislative procedures, 470–71 role of, 463–88 role of the worker, 415 Social Chapter, 464 social provisions, 467–69 worker participation, 255, 481–82 Evacuation of workers, 479–80 Evidence, 212 Expectant mothers, 372–73 External services, contact with, 367 Extinction of liability, 204–11 Eyes and eyesight, 402–03 Factory legislation, 239–42 Falling objects, 381–82 Falls, 381–82 Fatal accidents, 205–08 assessment of damages, 207 contributory negligence, 207 personal representative’s action, 207 right of action for wrongful act causing death, 205–06 Fault liability common law, 52–53 vs strict liability, 37, 51–57 Fire-fighting, 479–80 493 Occupational Health and Safety: Text and Materials First aid, 367, 479–80 duties of other persons, 354 enforcement, 280–83, 286–87 general duties, 311–59 notices, 287–302 offences, 302–03 other legislation in Schedule I, 264–5 prosecutions, 287–302 purposes, 259–64 regulationmaking power, 275–77 regulations, 275–77 management of, 166–68, 362–414 relevant substantive law, 262 review of other statutes, 262–64 revitalising, 307–09 scope, 260–61 sentencing policy, 304–09 subordinate legislation, 266 systems to facilitate compliance, 277–79 updating, 266–69 See, also, Inspectors Floors, 380–81 Foreseeability, 56, 112, 146 Foreseeable risks, liability, 11 Foresight, 9–11 as matter of fact, 10 in civil law, related to experience, 11 Gates, 382, 384 General damages, 199 General duty, 36 Gross negligence, 235 Hazards licensing, 244 protection against, 392 regulations, 247–49 vs risks, 20–21 Health and safety at work civil liability, 163–64 EC Directives, 28, 407, 473–85 essentials, 19 worker involvement in, 323–32 Health and Safety at Work etc Act 1974, 236, 241–42, 259–70, 418–19 administration and management, 272–75 application, 260 appointment and powers of inspectors, 283–87 arrangements, 364 assistance, 365–66 burden of legislation, 270–72 contracting out, 270–72 coverage, 261 deregulation, 266–72 Health and Safety Commission (HSC), 26, 28–29, 241, 258, 273 Annual Report, 274–75 consultative document, 441–43 Rationalisation of Risk Assessment and other common provisions in health and safety legislation, 167 Review of Health and Safety Regulation, 263, 269, 270, 271, 274, 361 strategic plan, 258–59, 265–66 494 Index Health and Safety Commission/Executive Accounts 1998–99, 274–75 Health and Safety Executive (HSE), 236, 273–74 See, also, Inspectors The Costs of Accidents at Work, 18–19 Employee Consultation and Involvement in Health and Safety, 441–43 Essentials of Health and Safety at Work, 19 Health surveillance, 364–65, 411–13, 484 Heinrich, HW, 12 Homicide, 220 Hours of work, 108, 266, 361, 433–42 regulations, 361 rights and obligations concerning, 434–39 Human resource management, 3, Identification, principle of, 224 Ill-health caused by work, 27 Improvement notices, 287–88 Inadvertence, 233 Incentives, 22–23 Industrial Accident Prevention: A Scientific Approach, 220 Industrial disease, 153 Industrial injury, 47 compensation, 61 Industrial Tribunals, 424–28, 439, 457–60 Industry custom and practice, 116–18 licensing, 242–43 Information disclosure of, 416–17 provision of, 251, 323, 367–68, 404, 417–18, 422–23, 431–32, 480–81 Injuries at work, 27, 47, 49–50 prevention, 219–55 reporting, 282–83 Injury See, also, Personal injury caused by plaintiff, 148–49 Inspection documents, 422–23 equipment, 389–90 following notifiable accidents, occurrences and diseases, 422 preventive, 286–87, 289 workplace, 421–22 Inspectors appointment, 283 deployment of, 286 duty to inform workers, 416–17 powers of, 284–85 prosecutions by, 287 role of, 289 Institute of Employment Rights, review of occupational health and safety legislation, 25–26 Instruction and training See Training Insurance, 5–6 against liability for employees, 79 impact of, 76–80 premiums, Investing in people, 495 Occupational Health and Safety: Text and Materials James, P, 25 Judicial tests, 58 Management of Health and Safety at Work Regulations, 362–414 Knowledge of risk, 38 Mansell, Wade, 17 Law Commission, 237 Learning from experience, 112–13 Liability avoidance, 105–09 case law, 52 extending, 95 foreseeable risks, 11 insurance, Licensing asbestos, 245–46 enforcement tool, 244 extension, 244 hazards, 244 in significant major industries, 242–43 regulations, 245–46 Manslaughter, 221–24 caused by industrial activity, 222 corporate liability, 226–30 gross negligence, 223, 224–26, 233 involuntary, 222, 232 personal liability, 230–37 unlawful act, 222 Manual handling operations regulations, 405–07 duty of employees, 406 duty of employers, 405–06 Manufacturers general duties, 351 liability, 85–89 Medical grounds, suspension on, 458 Life expectancy, 211 due to personal injury, 208 Medical litigation, 17 Lighting, 378–79, 395 Mental stress, 122–25 Limitations of actions, 204 Mines, 268–69 Local authorities as enforcing authorities, 281–82 Monitoring of exposure at the workplace, 411 Loss of income, compensation, 211 Moving walkways, 384 Mental breakdown, 105 Murder, 221 Myelopathy, 154–55 Maastricht Treaty, 463 Machinery, 164–65 See, also, Equipment Maintenance at public expense, 203 of equipment, 389, 395 of personal protective equipment, 398–99 NACODS, 268, 269 National Audit Office, 286–87, 289 Enforcing Health and Safety Legislation in the Workplace, 247 National Union of Mineworkers, 268 Malice aforethought, 221 496 Index Negligence, 9, 37, 223 See, also, Contributory negligence allegations of, 45 case law, 111 categories of, 61 common law, 111 definition, 111 degree of, 233 duty of care, 81–109 gross, 235 liability, 44, 46–47, 135–355 prohibition of exclusion of liability, 132–33 organisations, 107 Negligent misstatement, liability for, 95–97 Neighbours, 82, 89 Nervous shock, liability for, 98 Occupational health and safety code of practice, 28–29 costs and benefits, 24–25 EC Directives on, 242 economic impact, 24–25 regulations, 28–29, 252–23, 361–414 responsibility for, 272 review of legislation, 25–26 revitalising, 26 Occupiers’ liability, 61–62, 82, 90–95 case law, 126 to visitors, 92–93, 125–31 Offences, 302–03 corporate liability, 355–09 Offences due to fault of other person, 354–55 Offshore installations, 237, 247–49 Night work, 436–37 Organisations negligence, 107 responsibility, 64–76 No-fault liability, 51 See, also, Strict liability Out of court settlement, 215 Non-culpable vicissitudes, 154 Pearson Commission, 17, 51, 159 New mothers, 372–73 Non-domestic premises, 343–46 Notices, 287–302 appeal against, 291 deferred prohibition, 290 immediate prohibition, 290 improvement, 290, 292–98 prohibition, 291–92, 298–302 Notifications, 250 Novus actus interveniens, 148 Personal injury, 49–50, 52, 132 compensation, 146 definition of, 202 development of the law, 34 liability for, 81–109, 111–33 life expectancy due to, 208 risk, 339–41 Royal Commission, 15–16 time limit for actions in respect of, 204–05 Personal liability, 64 manslaughter, 230–37 vs vicarious liability, 72–76 497 Occupational Health and Safety: Text and Materials Personal protective equipment accommodation for, 399 assessment of, 398 compatibility, 398 information, instruction and training, 399 maintenance of, 398–99 provision of, 397 regulations, 396–400 reporting loss or defect, 400 use of, 399 Quantum of damages, 199–204 Plant, 36, 80 See, also, Equipment; Machinery Pollution, 350 Prevention, 158–59, 478–79 cost, 115 principles of, 364, 375 vs compensation, 12 vs punishment, 220 workplace injuries, 219–55 Records, 437 Primary victims, 99 Repetitive strain syndrome, 136 Privatisation, 243 Product liability, 17, 160–62 Production loss, 113–14 Prohibition notices, 288–89 Promotion, safety and health at work, 252–55 Quarries, 268–69 Rationalisation of Risk Assessment and other common provisions in health and safety legislation, 167 Reasonable care, 93–95, 111 Reasonably practicable, 56, 349, 407 definition of, 176 liability, 10 Recklessness, 223, 233, 354 Reflex sympathetic dystrophy (RSD), 136 Regulations, overall architecture, 258 Regulatory legislation, alternatives, 237–38 Regulatory system, 257–309 Repetitive strain injury (RSI), 135, 137, 138 Reporting of injuries, diseases and dangerous occurrences, 282–83 Rescue work, 367 Prosecutions, 287–302 Rescuers, 99, 101, 103–04 Protection, 478–79 Respondeat superior, 64, 66 Psychiatric illness, 189 Responsibility for occupational health and safety, 272 Psychiatric injury, 95 compensation, 105 liability for, 98–105 Rest breaks, 438 Public image, 6–7 Rest facilities, 387–88 Public liability, 37, 57–64 Rest periods, 437–38 Public safety, 339–41 Restitutio in integrum, 200 Public services, 243 Review of Health and Safety Regulation, 263, 269–71, 274, 361 Punishment vs prevention, 220 498 Index Risks acceptance, employee, 38 assessment, 19–21, 166, 252, 362–64 workstations, 401–02 evaluation, 113 foreseeable, knowledge of, 38 management, 1, 13 personal injury, 339–41 unacceptable, 116 vs hazards, 20–21 Robens Committee Report, 14–15, 21, 25–26, 159, 226, 240, 241, 244, 245, 252–25, 257, 272, 415–16 Room dimensions and space, 379 Rule of law, 212 Safe systems, 107, 109, 121, 122, 252–55 case law, commitment, 2–3 legislation, Safety economics, 24–25 literature, 11 means of improving, 14–15 Safety and Health at Work, 14–15, 158–56 Safety committees, 423 Safety inspectorate, Safety policy, 320–23 Safety representatives, 419–23, 425, 432–33 Sanctions, 290 Sanitary conveniences, 384–85 Scientific evidence, 20 Seating, 379–80 Secondary victims, 99 Self-employed, 57–58, 368–70, 399, 407, 415 general duties, 312, 323 Sentencing policy, 304–09 Skylights, 382–83 Social security benefits, 202 Space, 379 Special damages, 199 Statutory criteria, 54 Statutory duty, breach of See Breach of statutory duty Statutory negligence See Breach of statutory duty Strategies of litigation evidence, 212 rule of law, 212 Stress caused by work overload, 105 Strict liability, 38 See, also, no-fault liability and income maintenance, 42–43 criminal law, 54 vs fault liability, 37, 51–57 Substances hazardous to health, 407–14 Safety regulations, 163 Substances supplied for use at work, 350–53 Safety reports, 250 Suppliers, liability of, 85–89 Suspension on medical grounds, 458 499 Occupational Health and Safety: Text and Materials Temperature equipment, 392–93 standards, 267 workplace, 267, 378 Vicissitudes, 153 Temporary workers, 371–72 Visual display units (VDUs) See Display screen equipment Tenosynovitis, 136 Time limits for civil actions, 204 Tort system, 17 Total loss control, 13 Visitors, occupiers’ liability to, 92–93, 125–31 Volenti non fit injuria, 198 Trade unions, 255, 425, 428 Trading standard offence, 225 Walls, 382 Traffic routes, 380–81, 383–84 Washing facilities, 385–86 Training, 119–21, 370, 391, 399, 403–04, 413, 482–83 Waste materials, 379 Transparent or translucent doors, gates and walls, 382 Women of childbearing age, 372 Treaty of Rome, 463–72 Treaty on European Union, 463 Trespassers, 90, 91 Tye, James, 13 Unauthorised entries, 91 Unfair dismissal, 448–58 Vandals, 91 VDUs See Display screen equipment Ventilation, 377–78, 382 Vicarious liability, 36, 37, 53, 64–71, 332 criminal law, 224 problems concerning, 65–67 vs personal liability, 72–76 wrongdoings of employee, 76 Walters, D, 25 Water industry, 243 Windows, 382–83 Work equipment See Equipment Work overload, stress caused by, 105 Workers See, also, Employees communication with, 254 EC requirement for, 254 empowerment of, 254 involvement, 253–55, 415–16 involvement in health and safety at the workplace, 323–32 obligations of, 483 participation, 255, 481–82 responsibilities, 253–35 role of, 415–60 temporary, 371–72 evacuation of, 479–80 Workers’ Compensation Board, Canada, 23–24 Working conditions, statutory regulation of, 239–42 500 Index Working time See Hours of work Workplace accidents See Accidents EC Directives, 166 employee’s right to know of dangers at, 254 inspection, 421–22 maintenance of, 377 regulations, 166, 376–88 temperature, 267, 378 Workstations, 379–80 requirements for, 402 risk assessment, 401–02 Young persons, protection of, 373–74 501 [...]... 400 xxix Occupational Health and Safety Law: Text and Materials Management of Health and Safety at Work Regulations 1992 (the Management Regulations) (SI 1992/2051) (Contd)— reg 10 254 regs 16(2), 23 260 Management of Health and Safety at Work Regulations 1999.. .Occupational Health and Safety Law: Text and Materials 12 Regulations Relevant to Occupational Health and Safety 361 13 The Role of the Worker 415 ADDENDUM 14 The Role of the European Union 463 Index 489 x TABLE OF CASES Aitchison v Howard Doris Ltd 1979... 236 s 34 238, 239 Offices, Shops and Railway Premises Act 1963 240, 263, 265, 267 ss 4–16 388 Offshore Safety Act 1992 264 Offshore Safety (Protection Against Victimisation) Act 1992 264 xxv Occupational Health and Safety Law: Text and Materials Petroleum Act 1985— s 66 237 Sex Discrimination... 323, 418 s 2(4) 419, 421–23 s 2(5) 419 s 2(6) 297, 419, 420 s 2(7) 297, 419, 423 xxiii Occupational Health and Safety Law: Text and Materials Health and Safety at Work Act 1974 (contd)— s 3 85, 261, 291, 299, 311–16, 321, 323, 328, 330, 341–43, 347–49 s 3(1) 315, 319, 323–27, 329–38, 340, 341... v Plenty and Another [1972] 1 WLR 141 68 Rothwell v Caverswall Stone Co Ltd [1944] 2 All ER 350 151 Rudd v Elder Dempster & Co [1933] 1 KB 566 48 xvii Occupational Health and Safety Law: Text and Materials Salmon v Seafarer Restaurants Ltd [1983] 1 WLR 1264 131 Savory v Holland & Hannen... 396 xxxi Occupational Health and Safety Law: Text and Materials Quarries (Explosives) Regulations 1959 253 reg 27(4) 253 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 (SI 1985/2023) 277 Reporting of Injuries, Diseases and Dangerous Occurrences... 249 xxvii Occupational Health and Safety Law: Text and Materials Control of Major Accident Hazards Regulations 1999 (SI 1999/743) (Contd)— Scheds 4, 5 250 Sched 6 251 Control of Substances Hazardous to Health Regulations 1988 (SI 1988/1657) ... Commission v Gourley [1956] AC 185 200 Bunker v Charles Brand & Son Ltd [1969] 2 QB 480 128, 196 Bux v Slough Metals Ltd [1974] 1 All ER 262 92, 119, 169 xi Occupational Health and Safety Law: Text and Materials Callaghan v Fred Kidd & Son (Engineers) Ltd [1944] KB 560, 565 ... 162–64, 350, 486 ss 1, 2 160 s 2(2) 162 ss 3, 4 161 Employment of Women, Young Persons and Children Act 1920 263 xxi Occupational Health and Safety Law: Text and Materials Employment Protection Act 1975 429 ss 99–107 485 Employment Protection (Consolidation) Act 1978 442, 443 s 57(3) ... 459 Lifting Operations and Lifting Equipment Regulations 1998 (SI 1998/2307) 361, 406 Management and Administration of Safety and Health at Mines Regulations 1993 (SI 1993/1897) 268 Management of Health and Safety at Work Regulations 1992 (the Management Regulations) (SI 1992/2051) .. .OCCUPATIONAL HEALTH AND SAFETY LAW: TEXT AND MATERIALS Second Edition CP Cavendish Publishing Limited London • Sydney OCCUPATIONAL HEALTH AND SAFETY LAW: TEXT AND MATERIALS Second Edition. .. publisher Barrett, Brenda Occupational health and safety law: text and materials – 2nd ed Industrial safety – Law and legislation – Great Britain – Cases Industrial hygiene – Law and legislation – Great... (Minimal Health and Safety Standards for use of Work Equipment Directive) 407 xxxv Occupational Health and Safety Law: Text and Materials Treaties and