Health and Safety Enforcement

Law and Practice

Fourth Edition

Richard Matthews QC and James Ageros QC

Provides a fully updated and comprehensive practical guide to health and safety enforcement law and procedure
Offers incisive guidance from two leading specialist practitioners, whose combined experience guarantees unparalleled insight into this complex and growing area
Includes meticulous analysis of important case law, such as R v Tangerine & Veolia, and the implications of decisions made

New to this Edition:

Fully revised and updated to include coverage of the introduction of 'fees for intervention' and vast changes to both the regulatory framework and criminal procedure, including the recent changes to fines in the magistrates' courts
Offers up-to-date commentary on the new sentencing guidelines relating to health and safety offences, which are expected in late 2015
Includes an expanded guide to the new Rules and changed practice relating to Coroner's inquests
Contains a revised section offering expert guidance on advising both individual and corporate clients

Health and Safety Enforcement

Law and Practice

Fourth Edition

Richard Matthews QC and James Ageros QC

Description

Health and Safety Enforcement: Law and Practice has become the leading text for practitioners in this complex and growing branch of the law, providing an authoritative and practical guide to the key issues in health and safety enforcement from two leading specialists in this area.

This fourth edition continues to provide comprehensive coverage of health and safety inspectors' enforcement powers, the service and appeal of improvement and prohibition notices, and the law relating to health and safety offences, as well as expanded coverage of work-related death investigations, corporate and gross negligence manslaughter prosecutions, inquests, and the Coroner's procedure. The authors draw on their combined experience in the field to offer expert guidance on advising both individual and corporate clients while the inclusion of relevant extracts from the key statutes and the most important Health and Safety Regulations ensures ease of reference to the regulations.

Comprehensively and meticulously updated, this edition now also covers the vastly changed regulatory landscape, including the HSE 'fees for intervention', and provides a start-to-finish guide to criminal procedure in a health and safety case, including the recent changes to fines in the magistrates' courts. The authors also offer commentary on the new sentencing guidelines in respect of health and safety offences and corporate manslaughter, which are expected in late 2015, and insightful analysis of important decisions and their practical implications, such as R v Tangerine & Veolia, and other recent case law.

Health and Safety Enforcement

Law and Practice

Fourth Edition

Richard Matthews QC and James Ageros QC

1:The Enforcement Framework
2:The Reporting and Investigation of Health and Safety Incidents, Breaches, and Offences
3:Advising Clients in Health and Safety Investigations
4:Improvement and Prohibition Notices
5:Legal Personality and Secondary Liability
6:Health and Safety Offences I: Breach of the Employer's General Duties
7:Health and Safety Offences II: Breach of the General Duties under HSWA 1974 ss 4, 6, and 7
8:Breach of Regulations and Other Health and Safety Offences: HSWA 1974 s 33(1)(b)-(o)
9:Criminal Procedure
10:Sentencing
11:Work-Related Deaths and Manslaughter Offences
12:Coroner's Inquests and Work-Related Deaths
13:Commonly Enforced Regulations
Appendices
Appendix A: The Health and Safety at Work etc. Act 1974 (extracts)
Appendix B: Sentencing Guidelines Council Definitive Guideline Health and Safety - Organisations
Appendix C: Sentencing Guidelines Council Definitive Guideline Health and Safety - Individuals
Appendix D: Sentencing Guidelines Council Definitive Guideline Corporate Manslaughter
Appendix E: The Management of Health and Safety at Work Regulations 1999 (extracts)
Appendix F: Manual Handling Operations Regulations 1992 (as amended) (extracts)
Appendix G: Provision and Use of Work Equipment Regulations 1998 (as amended) (extracts)
Appendix H: The Control of Substances Hazardous to Health Regulations 2002 (as amended) (extracts)
Appendix I: The Construction (Design and Management) Regulations 2015 (extracts)
Appendix J: The Work at Height Regulations 2005 (as amended) (extracts)
Appendix K: The Control of Asbestos Regulations 2012 (extracts)

Health and Safety Enforcement

Law and Practice

Fourth Edition

Richard Matthews QC and James Ageros QC

Author Information

Richard Matthews QC, Barrister, 2 Bedford Row, and James Ageros QC, Barrister, Crown Office Chambers

Richard Matthews QC is a barrister at 2 Bedford Row in London, where he specializes in health and safety enforcement and gross negligence and corporate manslaughter. He has acted for both the prosecution and the defence in a great number of high profile health and safety cases and corporate and gross negligence trials over many years and has been Standing Counsel to the Health and Safety Executive since May 2004. He has vast experience of inquests involving work-related deaths.

James Ageros QC is a barrister practising exclusively in health and safety and environmental law at Crown Office Chambers in London. He has been involved in many of the most legally significant health and safety cases of the past few years, acting for both the prosecution and the defence alongside additional court and advisory work. He has been a Specialist Regulatory Advocate in Health and Safety and Environmental Law since 2012.

Health and Safety Enforcement

Law and Practice

Fourth Edition

Richard Matthews QC and James Ageros QC

Reviews and Awards

Review from previous edition Review from second edition "This is a long-awaited sequel to the first edition, which broke new ground in providing a definitive guide intended for all those interested in health and safety law. It will be a brave health and safety lawyer who ventures to court without it!" - Richard Turfitt, Former Health & Safety Executive

"a rich, superb and much needed legal practitioners' book on health and safety enforcement...full of constructive and intricate details that only eminent pratitioners can deliver. Well worth reading." - Sally Rampage, The Criminal Lawyer

"...a practitioner text which combines an impressive depth of analysis, together in one volume with most of the statutory material required for day to day reference. Those looking to establish a practice in this area would be well advised to invest in a copy of Health and Safety Enforcement" - Thom Dyke, Solicitors Journal