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Posted By MS
Does anyone know of any prosecutions using Section 9, HSWA 1974? I have had a look on the HSE database, done a Google search and found a couple under S8 but none under S9.
Any information greatly received.
regards
Mark
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Posted By Kevin Coghill
Don't know of any. The PPE Regs would cover those types of items now in preference to Section 9 & it is more than likely that Section 2 would be used as it provides a catch all. ie. by charging for an item of safety the employer has failed in their duty of care to ensure the health, safety, welfare etc..etc.
The HSE will always go for the most specific breach wherever possible but Ssection 9 is one of those that has by and large been superceeded by the more modern goal setting legislation started by the 6 pack.
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Posted By LMR
Prosecution not heard of but i did work for a company which was served a personal injury in the workplace claim where this was quoted and yes it did bump up the amount paid out.
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