||All England Reporter
|| All ER (D) 307 (Nov)
|| EWCA Civ 1689
||Court of Appeal, Civil Division
Tuckey, Hale LJJ and Sir Denis Henry
||Philip Marshall (instructed by Thompsons) for the claimant.
||Stephen Shaw (instructed by Morgan Lewis Mayers) for the defendants.
||21 November 2002
Health and safety at work - Hazardous substances - Control - Employer - Duty to ensure that exposure of employees to substance hazardous to health prevented or adequately controlled - Absolute duty - Control of Substances Hazardous to Health Regulation 1988 and 1994, reg 7(1).
The duty placed on an employer by reg 7(1) of the Control of Substances Hazardous to Health Regulation 1988 and 1994 to ensure that the exposure of his employees to a substance hazardous to health was either prevented or, where this was not reasonably practicable, adequately controlled, was an absolute duty.
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