Bad safety managers can be sued

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Employers can now be sued in the civil courts if a worker suffers illness or injury as a result of a breach of The Management of Health and Safety at Work Regulations 1999 (MHSW) or The Fire Precautions (Workplace) Regulations 1997.

The amendments, which became effective on 27 October, put right the failure of the UK government to properly transpose EU Directives in 1992 when they made UK law. The then government specifically excluded the right to use a failure to comply with the regulations, such as not doing a risk assessment, as evidence in a claim for compensation when someone is injured at work.

It took 11 years of campaigning by the Fire Brigades Union (FBU) to get these changes, culminating in a successful challenge to the UK government in the European Court.

Other trade union and legal spokespersons have claimed that the amended regulations also open the possibility for unions to take injunctions against employers, halting work until a risk assessment has been done. This is not a universally held opinion and test cases may need to be taken to clarify the position.

The MHSW regulations lay down a system for managing health and safety including:

• risk assessment
• principles of prevention
• organisation, control, monitoring and review
• health surveillance
• health and safety assistance
• procedures for serious and imminent danger
• contact with external services
• information for employees
• health and safety training
• risk assessment in respect of new or expectant mothers
• co-ordination with other employers sharing the workplace
• agency, temporary and sub-contractors

Workers and their safety reps need to be aware that they too can be sued if the employer can prove a civil injury as a result of a worker failing to follow health and safety instructions or training.

Resources

• LHC factsheet: Management of health and safety at work regulations. From www.lhc.org.uk or the LHC advice line.
• The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003. SI 2003 No. 2457. Free at www.hmso.gov.uk or can be ordered from TSO on 0870 600 5522

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