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Gary1969  
#1 Posted : 15 September 2012 12:40:48(UTC)
Rank: New forum user
Gary1969

Could someone please point me in the right direction. I am looking for some case law regarding an employer being prosecuted for failing to provide instruction and training to employees and / or failling to ensure training was completed when offered. Many Thanks
Joebaxil  
#2 Posted : 16 September 2012 18:37:38(UTC)
Rank: Forum user
Joebaxil

Gary Try this to get you going R v Swan hunter ship builders 1976 pretty much all in this Swan Hunter Shipbuilders Ltd were charged with criminal proceedings under:- HASWA Sections 2 (2) A - Failure to provide and maintain a safe system of work; and under HASWA Section 2 (2) C - Failure to provide information and instruction for their own employees; and under Section 3 (1) - Failure to conduct their undertaking in such a way so as to ensure that those not in their employ were not exposed to risks; and under Health and Safety at Work Act 1974. Joe
RayRapp  
#3 Posted : 16 September 2012 22:50:46(UTC)
Rank: Super forum user
RayRapp

Gary The distinguishing case regarding the lack of training and instruction is I believe General Cleaning Contractors v Christmas [1952] 2 ALL ER 1110
Phil Grace  
#4 Posted : 17 September 2012 08:22:07(UTC)
Rank: Super forum user
Phil Grace

Not exactly case law but you could consider accessing Improvement/Prohibition Notice data. Should be possible to carry out fairly specific searches and could give you range of examples of "failures". Phil
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