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Acts and Regulations

Post all your health and safety law questions in here, whether it's case law, general law, individual Acts or Regulations you are challenged with, we are all here to help.

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James1972
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Acts and Regulations

Post by James1972 »

Hi all,

I'm new to the forum and have a really basic question which I cannot find the answer to:

Can you be prosecuted for breach of a regulation or is it the HSWA you get prosecuted against? If so what are the penalties? Could you please point me in the direction of applicable info on the internet.

Many thanks,
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Alexis
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Re: Acts and Regulations

Post by Alexis »

Good Morning James and Welcome. :wave:

The following links will offer assistance with your query and I am sure, when they are available, our members will come in with further information.

https://app.croneri.co.uk/feature-artic ... y-breaches

https://app.croneri.co.uk/topics/health ... 74/indepth

https://www.hse.gov.uk/enforce/enforcem ... alties.htm
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James1972
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Re: Acts and Regulations

Post by James1972 »

Thanks for the warm welcome and the info Alexis,

I'm still struggling to find a straight answer on this one however (I had already seen the HSE link you sent me prior to posting)...

Just to be clear on my question:

-Can you be prosecuted for breach of a regulation? If so what are the penalties for each breach?

And a further question (yes I'm struggling with a diploma assignment :wave: )

-Gross Negligence Manslaughter: Who prosecutes (the Police?), what Act does this fall under and what are the penalties?

Many thanks
James ../.
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bernicarey
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Re: Acts and Regulations

Post by bernicarey »

James1972 wrote: Fri Nov 26, 2021 8:45 am
Can you be prosecuted for breach of a regulation or is it the HSWA you get prosecuted against? If so what are the penalties? Could you please point me in the direction of applicable info on the internet.
In short, the answer is... It depends ...on what happened and how specific the circumstances were.

See this case: https://www.shponline.co.uk/in-court/em ... _cid=37566

A commercial vehicle servicing and repair company has been fined after two workers suffered serious burns when flammable brake cleaning fluid ignited causing a fire.
Pleaded guilty to breaching Section 6 (1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002. They were fined £28,000 and ordered to pay costs of £926.17.

So that was a charge against a Regulation.

However, this case: https://www.shponline.co.uk/in-court/ho ... ty-breach/
A Holiday Inn Express employee was instructed by a manager to empty and clean the commercial oil fryer in the kitchen. The member of staff picked up the filled container and was immediately burned from oil melting through the thin plastic container that had been provided for the job.

Central Bedfordshire Council prosecuted The Gateway Hotel, Dunstable (known as The Holiday Inn Express) and RBH Hospitality Management for failings under the Health and Safety at Work etc. Act 1974, sections 2(1) and 3(1), following a breach in their legal duty of care towards a member of staff. Both companies pleaded guilty and were ordered to pay £16,830 in fines and costs.

So both cases involved Burns, but in one there was a specific Regulation that could be cited, in the other there was not.



As to the penalties, look up the Sentencing Council Guidelines:
https://www.sentencingcouncil.org.uk/pu ... guideline/


-Can you be prosecuted for breach of a regulation? If so what are the penalties for each breach?
As above. The penalties depend on the sentencing guidelines.
Big thing to remember with H&S Cases. Generally, the offence is not that the incident took place, that the person was injured or killed, it is that the potential for the incident was not controlled.
The breach of the law is that the machine was unguarded, not that the person had their arm cut off. That just affects the severity of the offence.
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Re: Acts and Regulations

Post by James1972 »

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Re: Acts and Regulations

Post by bernicarey »

-Gross Negligence Manslaughter: Who prosecutes (the Police?), what Act does this fall under and what are the penalties?
The Police as it is a separate offence above the H&S offences; it is a Common Law offence

In order for someone to be convicted of gross negligence manslaughter, the prosecution must establish:

That the defendant owed a duty of care to the deceased;
That duty of care was breached by the defendant;
That breach caused the death of the defendant;

So the criteria is quite tight, hence why it can be years before a case comes to trial. They might still use the HSWA as a fall back position.
All you need to know about GNM is here: https://www.cps.gov.uk/legal-guidance/g ... nslaughter

Do not confuse it with Corporate Manslaughter. That is a charge brought against a Company or other entity, when an Individual can't be nailed for it.

It is common to mix them up, especially by idiot press reporters.


This report from Newark Advertiser, which is a copy/paste from the official Police statement is quite good.
https://www.newarkadvertiser.co.uk/news ... t-9145635/
Greenfeeds Ltd has been charged with two counts of corporate manslaughter and is also charged with failing to discharge a duty under sections 2(1) of the Health and Safety at Work Etc. Act 1974 in that Greenfeeds Ltd being an employer within the meaning of the Act failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of its employees.

Ian Leivers, 57, of Fosse Road, Newark, is charged, as a director of Greenfeeds Ltd, with a breach of section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect.

Gillian Leivers, 58, of Fosse Road, Newark, is charged with two counts of gross negligence manslaughter. She is also charged with a breach of section 2(1) of the Health and Safety at Work Etc. Act 1974 by virtue of section 37(1) in that the offence by the company was committed with her consent, connivance or attributable to her neglect.

Stewart Brown, 67, of Forest Road, Mansfield, is charged with two counts of gross negligence manslaughter. He is also charged under section 7(a) of the Health and Safety at Work Etc. Act 1974 in that being an employee at work, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work.
www.belvoirsafety.co.uk

Tomorrow - your reward for being safe today...

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