Posted By Bob Shillabeer An interesting if somewhat unecessary question if I may say so. There has always been a civil acytion for injury not necessarily through a breach of a staturory duty. The 'new Regulations' are not what the case is generally based upon but a duty of care which was not adequately given. The new Regultaions may give added strenth to the argument but Judges would make the required judgement as to is appropriateness. E.G. if a Regulation states the employer must do X and Y but he only does X the Judge will consider if Y was required to meet the duty of care even if the Regulations did not exist and award appropriately.