Amendment to the Management of Health and Safety at Work Regulations
An amendment to the Management of Health and Safety at Work Regulations 1999 came into force on 6th April 2006. The amendment changes the civil liability provisions in the Regulations so as to exclude the right of third parties to take legal action against employees for contraventions of their duties under these Regulations. This extends to employees the same protection against third party action as that provided for employers.
The amendment neither creates any new duties, nor does it remove any. The practical effect will be to reduce the likelihood of claims against employees by third parties. Therefore, it is expected that there will be no additional burdens on businesses.
The Management of Health and Safety at Work Regulations 1999 were amended in 2003, to enable employees to claim damages from their employer in a civil action where they suffered injury or illness as a result of the employer being in breach of those Regulations. They were also intended to enable civil claims to be brought against employees for a breach of their duties under those Regulations that resulted in injury or illness. Employees have duties under those Regulations to use any equipment, dangerous substance etc. in accordance with any training and instruction provided by the employer. Employees are also required to alert their employer of serious and imminent danger in the workplace or any shortcomings in the health and safety arrangements.
The full text of the Management of Health and Safety at Work (Amendment) Regulations 2006, SI No.438, available from: http://www.opsi.gov.uk/si/si2006/20060438.htm.
Source: www.hse.gov.uk (accessed 03/05/06)
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