» Back to listing Proposed change to strict civil liability in relation to breaches of health and safety duties

 A proposed change to civil liability laws in relation to breaches of health and safety duties has been included in the Enterprise and Regulatory Reform Bill, which is currently working its way through Parliament.

The Bill, which makes provision for a broad range of changes to the business regulatory regime, was debated in the House of Commons lastweek and will now be considered by the House of Lords.

During the debate, the Government successfully forced through a clause that will amend the HSWA 1974, by removing the right to bring civil claims for breach of a statutory duty contained in certain health and safety legislation. The proposal fulfils the Government’s commitment to reduce the perceived burden of health and safety, in line with the Löfstedt report’s recommendations.

Introducing the clause, Parliamentary Under-Secretary of State for Skills Matthew Hancock said: “Prof Löfstedt identified the unfairness that can arise when health and safety at work regulations impose a strict duty on employers that makes them liable to pay compensation to employees injured or made ill by their work, despite all reasonable steps having been taken to protect them from harm.

“Employers can, for example, be held liable for damages when an injury is caused by equipment failure, even when a rigorous examination would not have revealed the defect. The new clause is designed to address that and other unfair consequences of the existing health and safety system.”

The result of ensuring that employers who have taken all reasonable precautions cannot be sued for a technical breach will be to “reduce the impression among many businesses, especially small firms, that they are liable to health and safety legislation in many cases when they are not”.