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Anne Szczepanska
Member - 1 post
Can you tell me what the civil law was that came into force in October 2003? Where an individual can take out an Injunction against his/her employer, if it is proven that no risk assessment has been carried out in accordance with the workplace health safety and welfare regs 1992. or the management of health Safety and Welfare regs 1999. and Fire Code (workplace) Regs 1997
What does this mean for the employer?
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Ciaron Dunne
Member - 85 posts
Hi Anne,
We published a brief summary of the amendments to the Fire Precautions (Workplace) Regulations 1997 and the Management of Health and Safety at Work Regulations 1999, which you may find helpful. The summary was written by Mark Tyler of CMS Cameron McKenna:
http://www.workplacelaw.net/display.php?resource_id=4003
My understanding is that the amendments opened up a new area of liability for employers. Employees can now claim damages from their employer in a civil action, where they have suffered injury or illness as a result of the employer breaching the regulations mentioned above (e.g. by failing to carry out a risk assessment).
Previously, employers could be prosecuted by the enforcement authority (e.g the HSE) for such breaches, but could not be sued.
Ciaron
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