Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Health and Safety: Case Law, Legislation, Links 09-01-15

Health and Safety: Case Law, Legislation, Links 09-01-15

Postby dls » Fri Jan 09, 2015 6:18 am

Health and Safety law and practice
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    English -v- North Lanarkshire Council; SCS 22-Jan-1999 - The application of the phrase ‘work equipment’ is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating.
    Jennings -v- The Forestry Commission; CA 23-May-2008 - The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the Forestry Commission. He alleged that the Forestry Commission had assumed control over his work equipment (the Land Rover). The judge had said: “a householder who employs a contractor to do work on his home, and then sees the contractor using his equipment in a way which appears to be dangerous, is not in breach of Regulation 3 if he does not intervene.”
    Kiani -v- Land Rover Ltd Others; CA 28-Jun-2006 - Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover suggested that his death was suicide. There were thus two possible explanations. The first instance judge had found suicide to be a less than probable explanation, he found that it occurred as a result of accident because the tank had its hatch left open and that Mr. Kiani had probably gone over to have a look, overbalanced and fallen in.
    Langridge, Canterbury City Council -v- Howletts and Port Lympne Estates; Admn 27-Nov-1996 - The company appealed against a prohibition notice with regard to its operation of a zoo. A keeper had been attacked by tigers while they were being fed.
Legislation:
    1922
    1951
      Fireworks Act 1951 / 58 -|- Case law -|- See Also:, Lidensing
      An Act to confer powers of seizure where dangerous fireworks are found, and powers to determine or amend licences or certificates for explosives factories where fireworks are made, to make provision for the marking of fireworks and containers in which fireworks are kept and to amend the law relating to licences for small firework factories; and for purposes connected with the matters aforesaid.
    1961
    1974
      Health and Safety at Work etc Act 1974 / 37 -|- Case law -|- See Also:, Personal Injury, Employment
      An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.
    1987
      Fire Safety and Safety of Places of Sport Act 1987 / 27 -|- Case law -|- See Also:, Licensing
      An Act to amend the Fire Precautions Act 1971 and other enactments relating to fire precautions; to amend the Safety of Sports Grounds Act 1975 and make like provisions as respects stands at sports grounds; to extend as respects indoor sports premises, and amend, the statutory provisions regulating entertainment licences; and for connected purposes.
    1988
    1992
      Workplace (Health, Safety and Welfare) Regulations 1992 / 3004 -|- Case law -|- See Also:, Employment
      The Secretary of State, in exercise of the powers conferred on her by sections 15(1), (2), (3)(a) and (5)(b), and 82(3)(a) of, and paragraphs 1(2), 9 and 10 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 ('the 1974 Act') and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
      The Personal Protective Equipment at Work Regulations 1992 / 2966 -|- Case law -|- See Also:, Employment, Personal Injury
      The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a) and (b), (5)(b) and (9) of, and paragraphs 11 and 14 of Schedule 3 to the Health and Safety at Work etc. Act 1974(1), and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
    1998
      The Provision and Use of Work Equipment Regulations 1998 / 2306 -|- Case law
      The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (5) and (6)(a), 49 and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 9, 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
    2003
      Marine Safety Act 2003 / 16 -|- Explanatory Note -|- Case law -|- See Also:, Transport
      An Act to make provision about the giving of directions in respect of ships for purposes relating to safety or pollution and about the taking of action to enforce, in connection with, or in lieu of, directions; to make provision about fire-fighting in connection with marine incidents; and for connected purposes.
      Fireworks Act 2003 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Licensing, Crime
      An Act to make provision about fireworks and other explosives.
    2008
    2010
      The Agency Workers Regulations 2010 / 10 -|- Explanatory Note -|- Case law -|- See Also:, Employment
      The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to employment rights and duties.
      The Secretary of State makes these Regulations
      (a) in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 15(1), (2) and (5) and 82(3) of, and paragraphs 7, 8 and 15(1) of Schedule 3 to, the Health and Safety at Work etc Act 1974(3), (the 1974 Act); and
      (b) independently of any proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Act.
      The Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate, as required by section 50(1AA) of the 1974 Act.
      Sunbeds (Regulation) Act 2010 / 20 -|- Explanatory Note -|- Case law -|- See Also: Licensing
      An Act to make provision about the use or supply of tanning devices that use artificial ultra-violet radiation; and for connected purposes.

Links:
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11858
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Return to Personal Injury

Who is online

Users browsing this forum: No registered users and 1 guest

cron