The Management of Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 come into force on 27th October 2003, changing workplace health and safety and fire regulations to allow employees and employers to claim damages for breaches of the law.

The new regulations amend the Fire Precautions (Workplace) regulations 1997 and the Management of Health and safety at Work regulations 1999, to remove the civil liability exclusions in a the 1997 and 1999 Regulations. The amendments:

• Allow employees to claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breaching the 1999 or 1997 regulations.

• Allows employers to bring actions against employees for breaches of their duties under the 1999 Regulations.

• Make the Health and Safety Executive (HSE) the enforcing authority in respect of Part II of the Regulations for workplaces which are on or in a ship in the course of construction or repair and workplaces that comprise premises to which the Fire Certificates (Special Premises) Regulations 1996 apply.

The regulations also include a minor amendment to disapply the 1999 Regulations to ships (including those used on inland water-ways) unless shore- based workers are involved. Parallel amending regulations will be introduced in Northern Ireland.

Copies of the regulations are available here

Ref: Croner Health and Safety Briefing Issue no 267 October 2003

Contact Joyce Bennett on 01744 742059