What will the removal of civil liability for breaches of health & safety legislation mean, asks Cathrine Grubb
Section 47(2) of the Health and Safety at Work Act 1974 as it stands, provides that breaches of health and safety legislation confer a civil right of action unless otherwise stated. Section 69 of the Enterprise and Regulatory Reform Act 2013 amends s 47 to reverse that presumption, so that civil liability will only apply where this is specifically provided for in the regulations.
This amendment was initially opposed by the House of Lords, when they voted against the changes on 6 March 2013. They subsequently backed down and approved amended proposals on 22 April 2013. The Enterprise and Regulatory Reform Act 2013 received royal assent on 25 April 2013. The amendment is not yet fully in force, but once it is it will apply to all cases where breach of a provision occurs after the date of commencement.
Removing civil liability will mean that claimants will be under a duty to prove a case in common law negligence for their claim to be successful. At common law
