Our HSWA, section 40, states that we have the reverse burden of proof when it comes to H&S breaches, do they have a similar or equivalent reverse burden in the US, just wondering if they have a different take on criminal health and safety breaches.

In the UK, you are generally innocent until proven guilty, or there is a presumption of innocence. One of our fundamental rights is the right to remain silent, which ensures we cannot self-incriminate ourselves (or our spouse). This right, I believe, is also enshrined in the American Constitution's Fifth Amendment.

The ‘concept’ of the reverse burden of proof regarding section 40, HSAWA 1974, I say concept because the Act states {it’s the accused to prove…} for example, by the nature of an accident happening could be evidence of guilt or a failure of the duty to satisfy the requirement, because the Act and subsequent regulations are designed to minimise accidents. Therefore, the accused bears the significant burden of proving the practicalities or reasonableness of the measure taken to have tried to prevent the accident or comply with the statute. In essence, you cannot remain silent, and the burden of proof is on the accused to prove…

I am not aware of America having a reverse burden, but they do have an ‘irrebuttable presumption doctrine’, which, although it is not a reverse burden, is the closest thing they may have.