New Health and Safety Regulations Open Door for Civil Claims against Employers

Workplace safety and fire regulations are to be changed to allow employees and employers to claim damages for breaches of the regulations.

Employees will be able to claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breaching the Management of Health and Safety at Work Regulations 1999 or the Fire Precautions (Workplace) Regulations 1997. Employers will also be able to bring actions against employees for breach of their duties under the 1999 Regulations. In addition amendments are being made to the 1997 Regulations to clarify enforcement responsibilities.

The changes come in new regulations amending the Fire Precautions (Workplace) Regulations 1997 and the Management of Health and Safety at Work Regulations 1999 announced today (29 September 2003) by the Office of the Deputy Prime Minister (ODPM), the Department for Work and Pensions (DWP) and the HSE. The new regulations come into force on 27 October 2003.

The ODPM, DWP and Health and Safety Commission (HSC), having considered the comments received in response to the consultation document including on HSE’s regulatory impact assessment, concluded that new claims arising from the proposed legislative change are likely to be small. Nevertheless the Government and the HSC believe that the Regulations will send a powerful signal to industry about the seriousness of the Government’s intentions to raise further the profile of occupational health and safety.

Amending the regulations followed a recommendation to Ministers by the HSC in February 2003. The ODPM, DWP and HSE undertook to work with employers’ organisations, trade unions, insurers and other stakeholders to monitor the impact of the legislative change over the coming months, including assessing the full extent of any increase in claims.
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