It’s time for the cold towel on the head. The Court of Appeal have ruled on the requirement of foreseeability of injury for a conviction under HSWA and the meaning of “risk” in the cases of R v Tangerine Confectionery Ltd and R v Veolia ES (UK) Ltd.
This blog is not the place for a detailed consideration of the judgement, but the significance for us all is that huge difficulties remain for companies to successfully defend a prosecution under HSWA following an injury at work, even where the circumstances leading to the accident were not foreseen by an employer. As Lord Justice Hughes said in the judgement – “[the requirements in HSWA] impose, in effect, a duty upon employers to think deliberately about things which are not obvious”.
As always, the H&S Team are happy to answer any questions you have.
On August 29, 2011