Proposals for new Regulations amending the Management of Health and Safety
at Work Regulations 1999 and the Health and Safety (Consultation with employees)
Regulations 1996
Consultation ended 18 May 2005
Background
The Health and Safety Commission has issued proposals for amendment of
the Management of Health and Safety at Work Regulations 1999 (MHSWR) and
the Health and Safety (Consultation with Employees) Regulations 1996 (HSCER).
The amendments are being made primarily to:
- extend to employees protection against claims by third parties, in
circumstances where employees may owe a duty to third parties under regulation
14 of MHSWR;
- further limit the statutory presumption of civil liability by amending
regulation 22 of MHSWR so as to protect self-employed persons who are
not employers against claims arising from breach of any duty imposed on
them by MHSWR;
- allow civil action, again by amending regulation 22 of MHSWR, to be
brought by employees of an employment business, to whom duties are owed
by host employers under regulation 15(2) and (3) of MHSWR;
- through amending regulation 9 of HSCER, confer a right of action in
civil proceedings so far as it causes damage;
- protect employers against claims by third parties insofar as they may
owe a duty to them.
