Posted By J Knight Hi Robert, It falls out of concepts such as ALARP or SFARP, as quoted in this example http://www.iee.org/polic...health/hsb17.pdf#search='reasonably%20practicable' John

Posted By J Knight While CRT is right, read s17 of the Act before deciding to ignore an ACOP. There is no legal duty to follow best practice (of which ACOPs are a part), but as I stated above, its hard to determine reasonable practicability without reagrd to best practice, John

Posted By garyh Perhaps you should turn it around and be able to justify why you DIDN'T follow best practice in a particular instance. I would suggest that your defences would have to be either - not practicable to - your system was as good as BP - your system was better

Posted By John Bennett Robert, Just finished perusing the Corporate Mannslaughter and Corporate Homicide Bill - Section 9 (see 3 a,b & sec 5)Factors for the jury states :- Factors for jury (1) This section applies where— (a) it is established that an organisation owed a relevant duty of care to a person, and (b) it falls to the jury to decide whether there was a gross breach of that duty. (2) The jury must consider whether the evidence shows that the organisation failed to comply with any health and safety legislation that relates to the alleged breach, and if so— (a) how serious that failure was; (b) how much of a risk of death it posed. (3) The jury may also— (a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it; (b) have regard to any health and safety guidance that relates to the alleged breach. 4) This section does not prevent the jury from having regard to any other matters they consider relevant. (5) In this section— “health and safety legislation” means any statutory provision dealing with health and safety matters, including in particular provision contained in the Health and Safety at Work etc. Act 1974 (c. 37) or the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)); “health and safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation; “statutory provision” means provision contained in, or in an instrument made under, any Act, any Act of the Scottish Parliament or any Northern Ireland legislation. Regards, John