Posted By john o'meara Would this be it, Robert? "Davies v The Health & Safety Executive concerned an appeal from conviction under Sections 3, 33 and 40 of the 1974 Act following a death at work. The appellant argued that the reverse burden/onus of proof provisions contained in Section 40 of the 1974 Act interfered with his right to be presumed innocent and therefore his right to a fair trial under Article 6 of the European Convention on Human Rights." Here's the source. I'm sure you could locate the full judgement (it's clearly a UK case):- www.mcgrigors.com/pdfdocs/hs_newsflash.pdf J.

Posted By john o'meara No problem, Robert. Can you tell me how the reverse onus of proof works in the UK? Does it apply to all HS cases? I'm assuming the assumption can be made that the employer is guilty of an offence unles he/she can prove otherwise. When was this adopted? J.