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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Health and Safety - From: 1996 To: 1996

This page lists 11 cases, and was prepared on 27 May 2018.

 
Bruce v Ben Odeco Limited 1996 SC389
1996
IHCS

Scotland, Health and Safety
A mechanic on a drilling rig slipped because of grease on the floor. Held. This was a transient condition which was not the result of a lack of maintenance of the structure of the floor itself.
Lord Clyde said: "Within the context of regulation 5 it seems to me that the obligation of maintenance does not extend to the preventing of danger caused by material which has at some unknown time been deposited on a floor and which does not form part of the floor. In my view that risk is adequately covered by regulation 14, on which the pursuer also founds and the relevance of which is not in dispute. It is accepted that the obligation under regulation 5 for the purpose of a civil claim is absolute and it seems to me unlikely that the intention could have been that an absolute civil liability should arise as soon as anything landed on a floor or walkway of the installation causing the surface to be slippery and dangerous. Regulation 14 on the other hand is qualified by considerations of reasonable practicability and provides a sufficient protection for those on the installation against risks of the general kind alleged in the present case. Furthermore even although the criminal liability is not absolute by reason of regulation 34(4), the consideration that a breach of regulation 5 can have penal consequences provides further ground for limiting its scope."
Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 5(1)
1 Citers


 
Regina v Rhone-Poulenc Rorer Ltd Gazette, 17 January 1996
17 Jan 1996
CACD

Health and Safety
The need to protect a worker engaged in work on a fragile roof demanded some physical steps being taken to prevent a fall.


 
 Mulcahy v Ministry of Defence; CA 27-Feb-1996 - Independent, 29 February 1996; Times, 27 February 1996; [1996] QB 732; [1996] 2 All ER 758; [1996] EWCA Civ 1323; [1996] 2 WLR 474
 
Anne Margaret Pickford v ICI Gazette, 02 August 1996; Gazette, 23 October 1996
2 Aug 1996
CA

Personal Injury, Health and Safety
A failure to provide guidance to employee resulting in repetitive strain injury. A prescribed disease PDA4 of RSI type was found. The issue was causation not forseeability.
1 Cites

1 Citers


 
Smith v Vauxhall Motors Limited [1996] EWCA Civ 669
7 Oct 1996
CA

Health and Safety, Negligence, Personal Injury

[ Bailii ]
 
United Kingdom v Council of the European Union Times, 21 November 1996; C-84/94; [1997] IRLR 30; [1996] EUECJ C-84/94; [1997] ICR 443
12 Nov 1996
ECJ

European, Employment, Health and Safety
A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure.
LMA
  1. Measures appear initially to have derived from policies of job creation and increased employment.
  2. John Major's government saw the initiatives (together with other provisions as part of Social Chapter) as measures which would lead to unemployment and expected an unsympathetic response from business organisations.
  3. Government opt-out of Social Chapter of Maastricht Treaty (TEU)
  4. Working Time Directive introduced some of provisions of Social Chapter in the guise of health and safety. The measures were adopted as a health and safety measure on the basis of Art.118a EC

What were the implications of this route to adoption?
Art.118aEC
(Council) Qualified majority voting - (European Parliament) Co-operation procedure - although the Council ultimately has the final say, it can only over-rule Parliament (and the Commission) if it acts unanimously) as opposed to
Art.100EC - (Council) unanimous voting - (European Parliament) Consultation procedure - this procedure requires that the Council consult the Parliament before it adopts an act. Parliament's views must be considered but have no binding effect.
The UK challenged the Directive on various grounds
  1. Defective legal basis (lack of competence)
  2. Breach of the principle of proportionality
  3. Misuse of powers
  4. Infringement of an essential procedural requirements.

The ECJ concluded that the UK's application was unfounded apart from one provision The ECJ annulled the second sentence of Art. 5 of the Council Directive concerning minimum rest periods to include Sundays - could not be justified on basis of health and safety measure. The ECJ dismissed the remainder of the UK's application.
European Treaty Article 118a
1 Citers

[ Bailii ]

 
 Regina v Associated Octel Ltd; HL 14-Nov-1996 - Times, 15 November 1996; [1996] UKHL 1; [1996] ICR 972; [1996] 4 All ER 846; [1996] 1 WLR 1543; [1997] Crim LR 355; [1997] IRLR 123

 
 Langridge, Canterbury City Council v Howletts and Port Lympne Estates; Admn 27-Nov-1996 - Times, 13 December 1996; [1996] EWHC Admin 282
 
Armstrong and others v British Coal Corporation Times, 06 December 1996; [1996] EWCA Civ 1049
28 Nov 1996
CA

Personal Injury, Limitation, Health and Safety
Liability for vibration white finger damage was foreseeable from 1973, but liability began in 1975 when precautions became available against the consequences and so the employer was able to protect his employees.
1 Citers

[ Bailii ]
 
Health and Safety Executive v Spindle Select Ltd Times, 09 December 1996
9 Dec 1996
QBD

Health and Safety
Health and Safety summons was not duplicitous despite absence of detailed allegation.
Health and Safety at Work Act 1974 2(1) 2(2)

 
Regina v Gateway Foodmarkets Limited [1997] 3 All ER 78; [1997] 2 Cr App R 40; [1997] Crim LR 512; [1997] ICR 382; [1997] IRLR 189; [1996] EWCA Crim 1768
19 Dec 1996
CACD

Crime, Health and Safety

Health and Safety at Work Act 1974 2(1)

 
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