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Workplace Safety Shift - Scott Whyte, Watermans Solicitors

13/11/13. The Enterprise and Regulatory Reform Act 2013 came into force on 1st October 2013, and brought with it the most significant shift in civil liability for accidents at work in a generation. Part 5 of the Act is entitled Reduction of Legislative Burdens and includes section 69 which outlines changes to civil liability for breach of health and safety duties under s.47 of the Health and Safety at Work Act 1974 (HSWA). The effect of s.69 is such that it reverses the presumption than any breach of the HSWA or any subsequently enacted legislation would carry both criminal and civil liability. This means in effect that from...

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