Amendment to the management of health and safety at work regulations

HSE press release C007:06 6 April 2006

The Health and Safety Commission (HSC) has announced an amendment to the Management of Health and Safety at Work Regulations 1999, which comes into force today.

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 wording of the 2003 amendment produced the unintended consequence of allowing claims to be brought against employees by third parties who were affected by their work activity, e.g. members of the public. This had not been the intention. One concerned group raised this unintended consequence of the 2003 amendment. HSE sought independent advice, which also concluded that there was potential for third parties to make claims against employees.

HSE found no evidence that the 2003 amendment has led to any claims against employees, but the potential for such claims was there.

Notes to editors

1. The Management of Health and Safety at Work Regulations 1999 were made to implement an EC Directive.
2. The Management of Health and Safety at Work Regulations 1999 were amended in 2003, in response to concerns raised by the EC Commission, 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.
3. The civil liability provisions are contained in Regulation 22 of the Management of Health and Safety at Work Regulations 1999. The full title of the amending regulations is the Management of Health and Safety at Work (Amendment) Regulations 2006.

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