header-logo header-logo

04 November 2010 / David Branson
Issue: 7440 / Categories: Features , Health & safety
printer mail-detail

A different view?

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll