In the second part of a two part series, David Branson reports on the end of a century old overlap between civil and criminal liability in health and safety
The first article in this series highlighted the end of the century old overlap between civil and criminal liability in health and safety following the implementation of s 69(3) of the Enterprise and Regulatory Reform Act 2013 (see “End of a century (Pt 1)”, NLJ, 25 March & 1 April 2016, p 10).
We should also note the impact of reg 21 of the Management of Health and Safety at Work Regulations 1999. This was introduced following the case of R v Nelson Group Services (Maintenance) Ltd [1999] IRLR 646, [1998] 4 All ER 331 where the employer was held not liable for the failings of his employees which had led to a breach of health and safety duties under the Gas Safety (Installation and Use) Regulations 1994 (SI 1994/1886). The employer had argued that the employees had failed to follow the training provided and so he was not liable for their
