David Branson explores the differences between criminal & civil liability for health & safety
In health and safety law there is both civil and criminal liability, and in both cases a general liability and a specific one. In criminal law the general liability exists under the Health and Safety at Work etc Act 1974 (HSWA 1974), which imposes duties on the employer to ensure the health and safety of employees. The specific liability lies under the various subordinate regulations, such as the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) (the regulations) which looks mainly at machinery guarding issues. In civil law the general liability lies under the common law tort of negligence, as originally set out in the case of Wilson & Clyde Coal v English [1938] AC 57, [1937] 3 All ER 628, while the specific liability lies under an action for breach of statutory duty, using the same subordinate legislation as exists for criminal law.
The nature of liability can be seen as either fault-based or strict. Fault–based liability requires the defendant to meet a specific standard of care.
