Citations: [2007] EWCA Crim 3396, [2008] 2 Cr App R (S) 26 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 19 November 2022; Ref: scu.314322
The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings contained two cooling towers which, when inspected, were found to contain the bacteria … Continue reading Regina v Board of Trustees of the Science Museum: CA 26 May 1993
Citations: [1993] EWCA Crim 2 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Crime Updated: 26 October 2022; Ref: scu.536782
An employer’s duty to safeguard his employees against the dangers of working on fragile surfaces requires some physical protection to be given rather than just warnings and or training. Citations: Times 01-Dec-1995 Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Health and Safety Updated: 08 October 2022; Ref: scu.87622
The court considered whether the cleaning of a factory constituted part of its undertaking. Held: ‘A factory, for example, may shut down on Saturdays and Sundays for manufacturing purposes, but the employer may have the premises cleaned by a contractor over the weekend. If the contractor’s employees are exposed to risks to health or safety … Continue reading Regina v Mara: CA 1987
The defendant company had been fined when a train was derauled as a result of the company’s failure properly to maintain rail track. It appealed the fine of andpound;400,000. Held: Fines should properly be increased where the failure arose in the course of provision of a public service. However here had been no significant injury … Continue reading Regina v Jarvis Facilities Ltd: CACD 26 May 2005
The defendant complained that section 40 imposed a burden of proof upon him which infringed the presumption of innocence and his right to a fair trial. The trial judge held that the burden imposed a legal burden rather than an evidential one. Held: The Act could not be read down so as to impose only … Continue reading Davies v Health and Safety Executive: CA 18 Dec 2002
The employers engaged contractors to repair a building. The employers were going to buy new asbestos sheets for the purpose but the contractors offered to remove some from an adjacent disused factory. The employers obtained the permission of the owner. Their projects manager inspected the site with the contractors and warned them to be careful. … Continue reading RMC Roadstone Products Ltd v Jester: QBD 8 Feb 1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were not criminally liable. Held: A corporate employer cannot evade the strict liability imposed by the legislation by … Continue reading Regina v British Steel Plc: CACD 31 Dec 1994
The company appealed against sentence after a worker died following an accident while working at the defendant’s premises. Judges: Lord Burnett of Maldon CJ, Teare, Kerr JJ Citations: [2017] EWCA Crim 2186 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 02 April … Continue reading Whirlpool UK Appliances Ltd v Regina: CACD 20 Dec 2017
The defendant appealed against a fine of 10 million pounds for its failings in maintaining track which led to the train crash at Hatfield.
Held: The company’s contract was substantial. Positive steps were to be taken by all concerned in a . .
Liable Operator was the person noified The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law. Held: The operator was the person … Continue reading Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
The company was said to have failed in its duties under section 3(1) of the 1974 Act. Held: The maintenance and cleaning of a company’s premises can be part of its undertaking, for which its managers are criminally responsible, even if outside contractors were used.Stuart-Smith LJ said: ‘If there is a risk of injury to … Continue reading Regina v Associated Octel Ltd: CACD 3 Aug 1994
Judges: Lord Justice Bean Citations: [2021] EWCA Crim 359 Links: Bailii Statutes: Health and Safety at Work Act 1974 33(1)(a) Jurisdiction: England and Wales Crime Updated: 13 October 2022; Ref: scu.659657
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury. Held: It has always been a principle of the interpretation of statutes that the courts should seek to construe them so as to produce a … Continue reading Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another: Admn 26 Apr 2005
Citations: [2003] ScotHC 1 Links: Bailii Statutes: Health and Safety at Work Etc Act 1974 3(1) 33(1)(a) Jurisdiction: Scotland Crime, Health and Safety Updated: 03 February 2022; Ref: scu.181767
The defendant sought leave to appeal against its conviction for failing so to conduct its swimming pool as to avoid exposing visitors to risk to health or safety. A boy had gone to the pool with his father and brother. Notices said that a child of his age (under eight) should be accompanied by an … Continue reading Regina v Upper Bay Ltd: CACD 2 Mar 2010
Cranston J said: ‘The issue before us is whether the judge was correct in ruling at a preparatory hearing for the trial that regulation 23 of the UK Regulations and article 36 of the EU Regulation catch all those who are involved in transporting waste for export, from the point of origin where waste is … Continue reading KV and Others v Regina: CACD 19 Oct 2011
Everyday risks may be outwith Health and Safety The defendant appealed against his conviction under the 1974 Act. He was headmaster at a private school. A child of three jumped from steps in the playground injured his head and was taken to hospital where he contracted MRSA and died. Held: His appeal was allowed. The … Continue reading Regina v Porter: CACD 19 May 2008
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
