Overview
As the Health and Safety at Work Act 1974 approaches its 40th birthday, it continues to form the bedrock of UK health and safety law. However, two of its most important sections have been the subject of much debate in several cases over the last three years.
The Cout of Appeal has now provided further clarification to parts of section 2, the “duty placed on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees”, and section 3, the “duty on employers to ensure, so far as is reasonably practicable, that non-employees are not exposed to risk by their undertaking”. The two sections in question, which focus on foreseeability, derivation and causation, are analysed in this briefing with reference to recent case decisions.
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