Rank: Forum user 
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Could anyone explain the significance of section 47 HASAW 1974 -I am struggling to understand its purpose.
Also is there a difference bewteen common law negligence and negligence as a result of a breach of a statutory duty. I suspect the latter is employee/employer relationship???? whereas the former is "neighbour principle" love thy neighbour
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Rank: Super forum user
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Reading from my HSWA explained says that...
This Act is purely a criminal law measure and gives rise to no automatic civil actions for breach of statutory duty. Breach of statutory was available under certain old pieces of legislation and these continue until such time they are repealed. The latter process is almost complete now.
This should not be confused with the right to refer to criminal actions as proof of ones civil actions for negligence, for example breach of statutory actions are not available.
Not sure if that helps in any way?
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Rank: Forum user
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Thanks for that information - I think I am clearer now. In other words a civil action against an employer cannot be taken under sections 2- 7 becuase these are reserved for criminal prosecutions by the state. Other relevant parts of the Act are still actionable under civil law?
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Rank: Super forum user
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As I read it nothing in part one of the Act (section 1-54) shall be interpreted as giving a right to sue at civil law in respect of breaches of section 2-8.
Breach of statutory duty as laid down in H&S Regulations (S15)shall (if damage is caused) be actionable unless the Regulations provide otherwise.
Most Regulations are silent as to civil liability, in which case such actions may be brought if the conditions are satisfied, especially damage. Example would be guarding provisions under PUWER are likely to lead to breach of stautory duty at civil law.
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Rank: Super forum user 
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S47 itself is relatively straightforward, in that, as has already been mentioned, it does not confer a right to take civil proceedings in respect of S2 - 7.
There is a difference between takingf an action under the common law duty of care and a breach of a statutory duty. It’s getting late for me, but I'll try a stab.
Under CLDOC you would have to prove that there was a sufficiently close relationship between the 2 parties, that the harm was foreseeable and that the defendant had not acted reasonably in preventing the harm. Whether or not the defendant had acted reasonably is very subjective and in line with the prevailing standards at the time.
For a claim under a breach of statutory duty, it is 'merely' necessary to prove that there was a statutory duty, that the duty was breached, and that the breach of that duty was the cause of the injury or loss. You might want to have a look at John Summers vs Frost, in which an absolute duty to guard machinery under the Factories Act led to a situation where all grinding wheels were 'illegal' unless the entire wheel was contained within a guard; rendering it, useless (as a grinding wheel anyway!)
Many civil actions are double (or more) barrelled, such as a breach of the CLDOC and one or more statutory duties.
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Rank: Super forum user 
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To answer part of your question - common law negligence is just negligence as interpreted under the tort of negligence. The exception being gross negligence, which is normally a criminal law offence. A claim for negligence must satisfy the three part test courtesy of Caparo Industries plc v Dickman [1990] 2 AC 605 as follows:
1. Harm must be a "reasonably foreseeable" result of the defendant's conduct;
2. A relationship of "proximity" between the defendant and the claimant;
3. It must be "fair, just and reasonable" to impose liability.
In a civil claim for harm or loss, the claimant may choose a breach of statutory duty and/or negligence. The judge will decide which one does or does not apply. If there has already been a conviction for a breach by the defendant, then a breach of statutory duty is axiomatic. Hence the relevance to s47 HSWA.
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