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Health and Safety Enforcement


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Table of Contents

1: The Enforcement Framework 2: The Reporting and Investigation of Health and Safety Incidents, Breaches, and Offences 3: Advising Clients in Health and Safety Investigations 4: Improvement and Prohibition Notices 5: Legal Personality and Secondary Liability 6: Health and Safety Offences I: Breach of the Employer's General Duties 7: Health and Safety Offences II: Breach of the General Duties under HSWA 1974 ss 4, 6, and 7 8: Breach of Regulations and Other Health and Safety Offences: HSWA 1974 s 33(1)(b)-(o) 9: Criminal Procedure 10: Sentencing 11: Work-Related Deaths and Manslaughter Offences 12: Coroner's Inquests and Work-Related Deaths 13: Commonly Enforced Regulations Appendices Appendix A: The Health and Safety at Work etc. Act 1974 (extracts) Appendix B: Sentencing Guidelines Council Definitive Guideline Health and Safety - Organisations Appendix C: Sentencing Guidelines Council Definitive Guideline Health and Safety - Individuals Appendix D: Sentencing Guidelines Council Definitive Guideline Corporate Manslaughter Appendix E: The Management of Health and Safety at Work Regulations 1999 (extracts) Appendix F: Manual Handling Operations Regulations 1992 (as amended) (extracts) Appendix G: Provision and Use of Work Equipment Regulations 1998 (as amended) (extracts) Appendix H: The Control of Substances Hazardous to Health Regulations 2002 (as amended) (extracts) Appendix I: The Construction (Design and Management) Regulations 2015 (extracts) Appendix J: The Work at Height Regulations 2005 (as amended) (extracts) Appendix K: The Control of Asbestos Regulations 2012 (extracts)

About the Author

Richard Matthews QC is a barrister at 2 Bedford Row in London, where he specializes in health and safety enforcement and gross negligence and corporate manslaughter. He has acted for both the prosecution and the defence in a great number of high profile health and safety cases and corporate and gross negligence trials over many years and has been Standing Counsel to the Health and Safety Executive since May 2004. He has vast experience of inquests involving work-related deaths. James Ageros QC is a barrister practising exclusively in health and safety and environmental law at Crown Office Chambers in London. He has been involved in many of the most legally significant health and safety cases of the past few years, acting for both the prosecution and the defence alongside additional court and advisory work. He has been a Specialist Regulatory Advocate in Health and Safety and Environmental Law since 2012.


`Review from previous edition Review from second edition "This is a long-awaited sequel to the first edition, which broke new ground in providing a definitive guide intended for all those interested in health and safety law. It will be a brave health and safety lawyer who ventures to court without it!"' Richard Turfitt, Former Health & Safety Executive `"a rich, superb and much needed legal practitioners' book on health and safety enforcement...full of constructive and intricate details that only eminent pratitioners can deliver. Well worth reading."' Sally Rampage, The Criminal Lawyer `"...a practitioner text which combines an impressive depth of analysis, together in one volume with most of the statutory material required for day to day reference. Those looking to establish a practice in this area would be well advised to invest in a copy of Health and Safety Enforcement"' Thom Dyke, Solicitors Journal

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