Health and Safety Enforcement

1. The Enforcement Framework; Legislation, regulations and guidance; Institutions; The European revolution; Principles of enforcement action; Methods of enforcement; Prosecution and particular categories of person; 2. The Reporting and Investigation of Health and Safety Incidents and Offences; Reporting health and safety incidents; The service of notices and documents; The investigation of health and safety incidents and offences; Inspectors' powers under HSWA 1974 s 20; 3. Advising Clients: Interviews under Caution, Representation and Privilege; Interviews under caution; Advising clients in health and safety investigations; 4. Improvement and Prohibition Notices; Improvement and prohibition notices; Appealing improvement and prohibition notices; 5. Legal Personality and Secondary Liability; Legal personality and HSWA 1974; Secondary liability; Section 37: The duties and liability of company directors, managers and officers; 6. Health and Safety Offences: Breach of the General Duties; S 33(1)(a): The offence of failing to discharge one of the general duties; The duties under HSWA 1974, ss 2 and 3; Elements common to ss 2 and 3 HSWA 1974; Reasonable practicability and the general duties: meaning and development to 1999; Reasonable practicability: HTM Ltd and the current position; HSWA 1974, s 4: The general duty of persons in control of premises to persons other than their employees; HSWA 1974, s 6: General duties of manufacturers etc as regards articles and substances for use at work; HSWA 1974, s 7: The duty of employees at work; 7. Other Health and Safety Offences: HSWA, 1974, s 33(1)(b) - (o); HSWA 1974, s 33 (1)(b) - (o); HSWA 1974, s 33(1)(b): breach of HSWA 1974, ss 8 and 9; HSWA 1974, s 33(1)(c): Breach of regulations; Other offences; 8. Proceedings and Criminal Procedure; Instituting proceedings; Conducting a health and safety case in the magistrates' court; Conducting a health and safety case in the crown court; Disclosure; Expert evidence; Miscellaneous areas of evidence; 9. Judicial Review and Abuse of Process; Judicial review of the decision to prosecute or not to prosecute; Abuse of process; 10. Sentencing; Sentence; Costs; 11. Work-related Deaths; The investigation of work-related deaths; The work-related death protocol; Manslaughter; Coroner's inquests and work-related deaths; 12. Principal Health and Safety Regulatins; Health and safety regulations; The Management of Health and Safety at Work Regulations 1999; The Workplace (Health and Safety and Welfare) Regulations 1992; Manual Handling Operations Regulations 1992; Work Equipment: Provision and Use of Work Equipment Regulations 1998; Substances Hazardous to Health: the COSHH Regulations 2002; Construction; Asbestos; Gas: Gas Safety (Installation and Use) Regulations 1998; Electricity: Electricity at Work Regulations 1989; Appendix A: Relevant extracts from the Health and Safety at Work etc Act 1974; Appendix B: Enforecement Concordat; Enforcement Policy Statement (HSC15); Work Related Death Protocol; Appendix C: The Health and Safety (Enforcing Authority) Regulations 1998 (as amended); Appendix D: The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004; Appendix E: Health and Safety: The Management of Health and Safety at Work Regulations 1999 (as amended); Appendix F: Health and Safety: The Workplace (Health, Safety and Welfare) Regulations 1992 (as amended); Appendix G: Health and Safety: The Manual Handling Operations Regulations 1992 (as amended); Appendix H: Health and Safety: The Provision and Use of Work Equipment Regulations 1998 (as amended); Appendix I: Health and Safety: The Control of Substances Hazardous to Health Regulations 2002 (as amended); Appendix J: Health and Safety: The Construction (Design and Management) Regulations 2007; Appendix K: Health and Safety: The Work at Height Regulations 2005 (as amended); Appendix L: Health and Safety: The Control of Asbestos Regulations 2006; Appendix M: Health and Safety: The Gas Safety (Installation and Use) Regulations 1998 (as amended); Appendix N: Health and Safety: The Electricity at Work Regulations 1989 (as amended)