Source: All England Reporter
Publisher Citation: [2002] All ER (D) 307 (Nov)
Neutral Citation: [2002] EWCA Civ 1689
Court: Court of Appeal, Civil Division
Judge:

Tuckey, Hale LJJ and Sir Denis Henry

Representation Philip Marshall (instructed by Thompsons) for the claimant.
  Stephen Shaw (instructed by Morgan Lewis Mayers) for the defendants.
Judgment Dates: 21 November 2002

Catchwords

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 Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.