HSE ‘Foreseeability of Events’ Appeal Rejected

The HSE has been refused the right to appeal to the House of Lords regarding a court ruling against the HSE in its attempt to argue that employers should still be required to take reasonable steps against unforeseeable risks and that negligent actions by employees are irrelevant to the guilt of an employer.

Two workers, employed by HTM Limited, died in an accident after equipment they were using came into contact with an overhead power cable. The HSE prosecuted the company and appealed on two points of law, relating to whether the ‘foreseeability’ of events and the actions of employees can be used as defences.

At the time, legal experts commented that if the HSE’s argument was upheld, there would be major ramifications which could transform the risk management industry.

However, the JAP has refused leave to appeal because it believed the HSE’s petition did not raise an arguable point of law that ought to be considered by the Lords.

Steffan Groch, Partner and Head of Health, Safety and Environment at DWF, the law firm defending HTM Limited, commented:

“This decision supports our view that employers should be able to argue that the reasonably practicable steps they are required to take by law must be considered in the context of what is foreseeable and likely.

“This is the approach taken by safety professionals to risk management across the country. Moreover, the actions of wayward employees ignoring systems, training and instructions should not prevent their employer from arguing that all reasonable practicable steps had been taken and that they should be acquitted on the basis of the isolated act of negligence of their employees.”

Source: Workplace Law Network

 
 
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