Health and Safety Enforcement

Richard Matthews is a barrister at 2 Bedford Row in London. He is an experienced criminal practitioner of 16 years call and since May 2004 he has been Standing Counsel to the Health and Safety Executive. He is vice-chairman of the Health and Safety Lawyers Association. James Ageros is a barrister practising at 2 Bedford Row in London. He is a criminal practitioner of 16 years standing who specialises in Health and Safety Enforcement. He has been involved in many of the high profile and legally significant health and safety cases in the past years. He is a committee member of the Health and Safety Lawyers Association and the editor of the Bulletin of the Health and Safety Lawyers Association.

1. The Enforcement Framework; Legislation, regulations and guidance; Institutions; The European revolution; Principles of enforcement action; Methods of enforcement; Prosecution and particular categories of person; 2. The Reporting and Investigation of Health and Safety Incidents and Offences; Reporting health and safety incidents; The service of notices and documents; The investigation of health and safety incidents and offences; Inspectors' powers under HSWA 1974 s 20; 3. Advising Clients: Interviews under Caution, Representation and Privilege; Interviews under caution; Advising clients in health and safety investigations; 4. Improvement and Prohibition Notices; Improvement and prohibition notices; Appealing improvement and prohibition notices; 5. Legal Personality and Secondary Liability; Legal personality and HSWA 1974; Secondary liability; Section 37: The duties and liability of company directors, managers and officers; 6. Health and Safety Offences: Breach of the General Duties; S 33(1)(a): The offence of failing to discharge one of the general duties; The duties under HSWA 1974, ss 2 and 3; Elements common to ss 2 and 3 HSWA 1974; Reasonable practicability and the general duties: meaning and development to 1999; Reasonable practicability: HTM Ltd and the current position; HSWA 1974, s 4: The general duty of persons in control of premises to persons other than their employees; HSWA 1974, s 6: General duties of manufacturers etc as regards articles and substances for use at work; HSWA 1974, s 7: The duty of employees at work; 7. Other Health and Safety Offences: HSWA, 1974, s 33(1)(b) - (o); HSWA 1974, s 33 (1)(b) - (o); HSWA 1974, s 33(1)(b): breach of HSWA 1974, ss 8 and 9; HSWA 1974, s 33(1)(c): Breach of regulations; Other offences; 8. Proceedings and Criminal Procedure; Instituting proceedings; Conducting a health and safety case in the magistrates' court; Conducting a health and safety case in the crown court; Disclosure; Expert evidence; Miscellaneous areas of evidence; 9. Judicial Review and Abuse of Process; Judicial review of the decision to prosecute or not to prosecute; Abuse of process; 10. Sentencing; Sentence; Costs; 11. Work-related Deaths; The investigation of work-related deaths; The work-related death protocol; Manslaughter; Coroner's inquests and work-related deaths; 12. Principal Health and Safety Regulatins; Health and safety regulations; The Management of Health and Safety at Work Regulations 1999; The Workplace (Health and Safety and Welfare) Regulations 1992; Manual Handling Operations Regulations 1992; Work Equipment: Provision and Use of Work Equipment Regulations 1998; Substances Hazardous to Health: the COSHH Regulations 2002; Construction; Asbestos; Gas: Gas Safety (Installation and Use) Regulations 1998; Electricity: Electricity at Work Regulations 1989; Appendix A: Relevant extracts from the Health and Safety at Work etc Act 1974; Appendix B: Enforecement Concordat; Enforcement Policy Statement (HSC15); Work Related Death Protocol; Appendix C: The Health and Safety (Enforcing Authority) Regulations 1998 (as amended); Appendix D: The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004; Appendix E: Health and Safety: The Management of Health and Safety at Work Regulations 1999 (as amended); Appendix F: Health and Safety: The Workplace (Health, Safety and Welfare) Regulations 1992 (as amended); Appendix G: Health and Safety: The Manual Handling Operations Regulations 1992 (as amended); Appendix H: Health and Safety: The Provision and Use of Work Equipment Regulations 1998 (as amended); Appendix I: Health and Safety: The Control of Substances Hazardous to Health Regulations 2002 (as amended); Appendix J: Health and Safety: The Construction (Design and Management) Regulations 2007; Appendix K: Health and Safety: The Work at Height Regulations 2005 (as amended); Appendix L: Health and Safety: The Control of Asbestos Regulations 2006; Appendix M: Health and Safety: The Gas Safety (Installation and Use) Regulations 1998 (as amended); Appendix N: Health and Safety: The Electricity at Work Regulations 1989 (as amended)