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E-raamat: Health and Safety Enforcement: Law and Practice

(Barrister, Crown Office Chambers), (Barrister, 2 Bedford Row)
  • Formaat: EPUB+DRM
  • Ilmumisaeg: 24-Mar-2016
  • Kirjastus: Oxford University Press
  • Keel: eng
  • ISBN-13: 9780191063435
  • Formaat - EPUB+DRM
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  • Formaat: EPUB+DRM
  • Ilmumisaeg: 24-Mar-2016
  • Kirjastus: Oxford University Press
  • Keel: eng
  • ISBN-13: 9780191063435

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Health and Safety Enforcement: Law and Practice has become the leading text for practitioners in this complex and growing branch of the law, providing an authoritative and practical guide to the key issues in health and safety enforcement from two leading specialists in this area.

This fourth edition continues to provide comprehensive coverage of health and safety inspectors' enforcement powers, the service and appeal of improvement and prohibition notices, and the law relating to health and safety offences, as well as expanded coverage of work-related death investigations, corporate and gross negligence manslaughter prosecutions, inquests, and the Coroner's procedure. The authors draw on their combined experience in the field to offer expert guidance on advising both individual and corporate clients while the inclusion of relevant extracts from the key statutes and the most important Health and Safety Regulations ensures ease of reference to the regulations.

Comprehensively and meticulously updated, this edition now also covers the vastly changed regulatory landscape, including the HSE 'fees for intervention', and provides a start-to-finish guide to criminal procedure in a health and safety case, including the recent changes to fines in the magistrates' courts. The authors also offer commentary on the new sentencing guidelines in respect of health and safety offences and corporate manslaughter, which are expected in late 2015, and insightful analysis of important decisions and their practical implications, such as R v Tangerine & Veolia, and other recent case law.

Arvustused

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 *

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