Health and Safety Enforcement: Law and Practice

Hardcover | April 23, 2016

byRichard Matthews, James Ageros

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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 andthe 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 and Veolia, andother recent case law.

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From the Publisher

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...

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 a...

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Format:HardcoverDimensions:600 pagesPublished:April 23, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199687404

ISBN - 13:9780199687404

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Table of Contents

1. The Enforcement Framework2. The Reporting and Investigation of Health and Safety Incidents, Breaches, and Offences3. Advising Clients in Health and Safety Investigations4. Improvement and Prohibition Notices5. Legal Personality and Secondary Liability6. Health and Safety Offences I: Breach of the Employer's General Duties7. Health and Safety Offences II: Breach of the General Duties under HSWA 1974 ss 4, 6, and 78. Breach of Regulations and Other Health and Safety Offences: HSWA 1974 s 33(1)(b)-(o)9. Criminal Procedure10. Sentencing11. Work-Related Deaths and Manslaughter Offences12. Coroner's Inquests and Work-Related Deaths13. Commonly Enforced RegulationsAppendices:Appendix A: The Health and Safety at Work etc. Act 1974 (extracts)Appendix B: Sentencing Guidelines Council Definitive Guideline Health and Safety - OrganisationsAppendix C: Sentencing Guidelines Council Definitive Guideline Health and Safety - IndividualsAppendix D: Sentencing Guidelines Council Definitive Guideline Corporate ManslaughterAppendix E: The Management of Health and Safety at Work Regulations 1999 (extracts)Appendix F: Manual Handling Operations Regulations 1992 (as amended) (extracts)Appendix G: Provision and Use of Work Equipment Regulations 1998 (as amended) (extracts)Appendix H: The Control of Substances Hazardous to Health Regulations 2002 (as amended) (extracts)Appendix I: The Construction (Design and Management) Regulations 2015 (extracts)Appendix J: The Work at Height Regulations 2005 (as amended) (extracts)Appendix K: The Control of Asbestos Regulations 2012 (extracts)

Editorial Reviews

"...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 19/08/2011