Posted By John McGee As part of a course of study I am currently engaged in I need to research how the HRA will change the way Health and Safety is viewed by the courts and the industry generally. If anyone knows of any relevant books or articles that have been written on the subject I'd be grateful if they could point me in the right direction. Many Thanks.

Posted By Denis Hands There was a very informative series of 3 articles on how the HRA is likely to affect health and safety in the October 2000, November 2000 and February 2001 editions of Health and Safety at Work magazine

Posted By John Webster In reply to Jane, Section 40 has always been controversial in this respect, but the way it has been explained to me sheds a slightly different light. The burden of proof still rests with the prosecution. They must show that an offence has been committed and will bring evidence based on, for example, non compliance with ACOPs, accepted practice for the sector etc etc. Basically, the offence is "not doing what the HSE thinks you should do", which is therefore not particularly difficult for them to prove. But prove it they must. Section 40 states what constitutes an acceptable defence. I was given the parallel of the motorist who, having been observed by a police officer passing a "mid lane hogger" on the inside, was charged with driving without due care and attention (there is no specific offence of undertaking). He was witnessed doing it, the Highway Code (the drivers' "ACOP") forbids undertaking and it was generally unacceptable road behaviour. However he successfully proved that prior to carrying out the manouevre he had taken all reasonable precautions, and that his action was reasonable in the circumstances. John