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This review of the current changes in approach to the legal aspects of health and safety at work emphasises the importance of putting prevention first. By Linda Goldman and Joan Lewis
In December 2000, a new Bill on workplace and public transport safety was announced in the Queen's Speech. It was formulated in response to the public inquiry into the Paddington rail disaster chaired by Lord Cullen. Its importance to those involved in occupational health is that it will also address the broader issues common to all working systems. Those with long memories may recall that this was the proposed ambit of the Health and Safety at Work Act 1974. The Government hopes that the Bill will complete its passage through Parliament by November 2001.
Present legal framework
The health and safety of workers is protected by criminal and civil law. The criminal law is currently expressed in HSWA which is supplemented by statutory instruments such as the Management of Health and Safety at Work Regulations 1992. Regulations are amended frequently. Indeed, MHSWR were amended in 1994 and 1997 to take account of changing social attitudes as expressed by European legislation. Thus, the 1994 MHSWR provide for risk assessments for pregnant and nursing mothers.
HSWA, MHSWR and other regulations only express the criminal law, allowing for the HSE or, in some cases, local authorities to prosecute alleged offenders. Other regulations, such as the Manual Handling Operations Regulations 1992, allow for the injured victim of a breach to bring civil proceedings. Criminal law provides for sentences of imprisonment and non-custodial punishment such as community service for individuals. Companies are, of necessity, fined. It remains difficult to secure a conviction for corporate manslaughter unless management decisions are expressly shared.
"Criminal and civil liability are two separate things. The [Factories Act 1937] might well be unwilling to convict an owner [of a factory] who failed to carry out a statutory duty of a crime with which he was not himself directly concerned, but still be ready to leave the civil liability untouched" - Potts v Reid [1942]2 All ER 161.
The advent of the Framework Directive on Health and Safety (89/391/EEC) in 1989 was the source o
