Provides students an understanding of the effect of the legal and regulatory method on overall health and safety in the workplace. Triangle v India Post: Advising Claimant company in relation to jurisdictional matters arising in respect of claims for breach of contract/misrepresentation against state owned organization in India. Reference – ‘Health and safety regulation – a short guide’ obtainable free of charge at – Note this document still refers to the Wellness and Security Commission (HSC), which has now been merged with HSE. As highlighted in the Government’s February 2013 progress report into the implementation of the well being and safety reforms, clause 62 went further than Professor Löfstedt’s recommendations.
However, regardless of Mader International’s concession that it had not complied with all of its statutory duties, the jury located that there was no negligence or breach of the employer’s statutory duty that triggered Mr Duma’s injury and the Court found in favour of the employer. If the possibility of bringing a claim for breach of statutory duty is removed and only a claim for negligence is readily available most claims would continue to be brought in respect of negligence.
The method that identified favour with Government lawyers was to either qualify the current duties with the notion of reasonably practicability” or amend the legislation to stop civil liability attaching to a breach of the regulations. What we do know is that it is only intended to apply to instances exactly where the breach of the provision occurs after the date of commencement.
For present purposes what is maybe most fascinating about Lord Drummond Young’s decision is that even though the employer was found strictly liable for its breach of the applicable regulation, the widespread law case against it was not established. The common law duty has been expressed by the court as, the reasonable and prudent employer taking constructive believed for the security of his workers in the light of what he knows or ought to know.” (Stokes v Guest (1968) 1WLR 1886).
The Regulations produced below the Overall health and Safety at Perform Act stay in force and stay relevant as proof of requirements anticipated of employers in civil situations. I have just seen an update from 1 of those H&S information organizations which states plainly that you will no longer be able to sue for breach of statutory duty, you require to sue for negligance.
