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House of Lords soon to rule on HSW Act ‘reverse burden’ duty
Later this month the House of Lords is scheduled to hear a case raising an important issue on what regulators have to show in order to bring proceedings for breaches of HSW Act Sections 2 and 3 regarding employees and non-employees respectively. The case of R v Chargot Ltd & Others involves a death at work caused by an overturning dumper truck on a construction project in 2003. HSE prosecuted and two companies plus a director were fined heavily but appealed. The appeal was rejected.
The main issue before the House of Lords concerns the reverse burden of proof under HSW Act Section 40. Under this section where there is a duty to do something ‘so far as is reasonably practicable’, it is for the accused, rather than the prosecution, to show that it was not reasonably practicable to do more than was in fact done to satisfy the duty. Solicitors DLA Piper present, in their SHE Matters – Autumn 2008, a useful summary of the arguments involved and the implications for HSW Act offences, directors and investigations under Corporate Manslaughter Act 2007.