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ix | |
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xix | |
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Table of Statutory Instruments |
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xxvii | |
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1 The Enforcement Framework |
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A The Legal and Regulatory Framework |
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1 | (29) |
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30 | (38) |
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C The European Revolution |
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68 | (17) |
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D Principles of Enforcement Action |
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85 | (14) |
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99 | |
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2 The Reporting and Investigation of Health and Safety Incidents, Breaches, and Offences |
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1 | (4) |
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B Reporting Health and Safety Incidents |
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5 | (17) |
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C The Service of Notices and Documents |
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22 | (7) |
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D The Investigation of Health and Safety Incidents and Offences |
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29 | (62) |
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E Inspectors' Powers Under HSWA 1974 s 20 |
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91 | (79) |
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170 | |
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3 Advising Clients in Health and Safety Investigations |
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A Advising Clients in Health and Safety Investigations |
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1 | (71) |
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72 | (40) |
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C Arrest and Interview under Caution |
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112 | |
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4 Improvement and Prohibition Notices |
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A Improvement and Prohibition Notices |
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1 | (49) |
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B Appealing Improvement and Prohibition Notices |
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50 | |
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5 Legal Personality and Secondary Liability |
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A Legal Personality and HSWA 1974 |
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1 | (27) |
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28 | (19) |
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C HSWA 1974 s 37: The Duties and Liability of Company Directors, Managers, and Officers |
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47 | |
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6 Health and Safety Offences I Breach of the Employer's General Duties |
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A Section 33(1)(a): The Offence of Failing to Discharge One of the General Duties |
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1 | (5) |
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B The Offence of Breaching the Duties Under HSWA 1974 ss 2 and 3: Overview |
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6 | (15) |
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C Employment: Employer and Employee---Essential Element (a) |
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21 | (28) |
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D Failure to Ensure Health and Safety/Exposure to Risks to Health and Safety: the Meaning of Risk---Essential Element (b) |
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49 | (51) |
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E HSWA 1974 s 2: the Employer's Duty to Employees |
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100 | (20) |
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F HSWA 1974 s 3: the Duty to Conduct an Undertaking so as to Prevent Exposure to Risks to Health and Safety |
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120 | (29) |
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G `So Far as is Reasonably Practicable': Common Element (c) |
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149 | (21) |
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H Development of the Scope of the Duties and Reasonable Practicability |
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170 | |
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7 Health and Safety Offences II Breach of the General Duties Under HSWA 1974 ss 4, 6, and 7 |
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A HSWA 1974 s 33(1)(a): The Offence of Failing to Discharge one of the General Duties |
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1 | (5) |
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B HSWA 1974 s 4: The General Duty of Persons in Control of Premises to Persons other than their Employees |
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6 | (34) |
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C HSWA 1974 s 6: General Duties of Manufacturers etc. as Regards Articles and Substances for Use at Work |
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40 | (47) |
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D HSWA 1974 s 7: The Duty of Employees at Work |
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87 | |
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8 Breach of Regulations and Other Health and Safety Offences: HSWA 1974 s 33 (1)(b)-(o) |
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A HSWA 1974 s 33(1)(b)-(o) |
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1 | (4) |
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B HSWA 1974 s 33(1)(b): Breach of HSWA 1974 ss 8 and 9 |
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5 | (4) |
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C HSWA 1974 s 33(1)(c): Breach of Regulations |
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9 | (36) |
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45 | |
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1 | (11) |
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B Starting Proceedings; Progression through the Magistrates' Court |
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12 | (64) |
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C Plea before Venue and Allocation |
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76 | (59) |
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D Proceedings Against a Company or Individual Subject to Insolvency Proceedings |
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135 | (16) |
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E Conducting a Health and Safety Case in the Crown Court |
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151 | (65) |
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216 | (61) |
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277 | (78) |
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355 | (34) |
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I Miscellaneous Areas of Evidence |
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389 | |
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A The Definitive Sentencing Guidelines for Health and Safety Offences |
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1 | (25) |
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B The Definitive Guideline in Respect of Health and Safety Offences Committed by Organizations |
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26 | (90) |
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C The Definitive Guideline in Respect of Health and Safety Offences Committed by Individuals |
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116 | (26) |
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D The Definitive Guideline in Respect of Corporate Manslaughter |
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142 | (16) |
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E Sentencing Individuals for Gross Negligence Manslaughter |
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158 | (13) |
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171 | |
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11 Work-Related Deaths and Manslaughter Offences |
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A The Investigation of Work-Related Deaths |
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1 | (25) |
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B Gross Negligence Manslaughter |
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26 | (57) |
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83 | |
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12 Coroner's Inquests and Work-Related Deaths |
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1 | (11) |
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12 | (29) |
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C Inquests Touching on Work-Related Deaths |
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41 | (62) |
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D The Conduct of the Inquest |
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103 | (35) |
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E The Conclusion of the Inquest: Determinations and Findings |
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138 | (57) |
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195 | |
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13 Commonly Enforced Regulations |
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A The Management of Health and Safety at Work Regulations 1999 |
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1 | (44) |
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B Provision and Use of Work Equipment Regulations 1998 |
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45 | (51) |
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C Lifting Operations and Lifting Equipment Regulations 1998 |
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96 | (16) |
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112 | (53) |
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E Manual Handling Operations Regulations 1992 |
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165 | (16) |
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F Substances Hazardous to Health: The Control of Substances Hazardous to Health (COSHH) Regulations 2002 |
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181 | (20) |
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201 | (19) |
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220 | (16) |
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I Electricity: Electricity at Work Regulations 1989 |
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236 | (157) |
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Appendix A The Health and Safety at Work etc. Act 1974 (extracts) |
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393 | (50) |
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Appendix B Sentencing Guidelines Council Definitive Guideline Health and Safety---Organizations |
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443 | (8) |
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Appendix C Sentencing Guidelines Council Definitive Guideline Health and Safety---Individuals |
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451 | (6) |
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Appendix D Sentencing Guidelines Council Definitive Guideline Corporate Manslaughter |
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457 | (6) |
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Appendix E Management of Health and Safety at Work Regulations 1999 (extracts) |
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463 | (12) |
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Appendix F Manual Handling Operations Regulations 1992 (as amended) (extracts) |
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475 | (4) |
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Appendix G Provision and Use of Work Equipment Regulations 1998 (`as amended') (extracts) |
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479 | (12) |
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Appendix H The Control of Substances Hazardous to Health Regulations 2002 (as amended) (extracts) |
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491 | (14) |
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Appendix I The Construction (Design and Management) Regulations 2015 (extracts) |
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505 | (18) |
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Appendix J The Work at Height Regulations 2005 (as amended) (extracts) |
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523 | (12) |
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Appendix K The Control of Asbestos Regulations 2012 (extracts) |
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535 | (16) |
| Index |
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551 | |