October 19, 2003—UK workplace safety and fire regulations are to be changed to allow employees and employers to claim damages for breaches of the regulations. Employees will be able to claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breaching the Management of Health and Safety at Work Regulations 1999 or the Fire Precautions (Workplace) Regulations 1997. Employers will also be able to bring actions against employees for breach of their duties under the 1999 Regulations. In addition, amendments are being made to the 1997 Regulations to clarify enforcement responsibilities.
The new regulations, recommended to Ministers by the Health and Safety Commission (HSC) in February 2003, will come into effect October 27, 2003. The ODPM, DWP, and HSC undertook to work with employers’ organizations, trade unions, insurers, and other stakeholders to monitor the impact of the legislative change over the coming months, including assessing the full extent of any increase in claims arising from the change, which they say is likely to be small.
The British Government and the HSC believe that the regulations will send a powerful signal to industry about the seriousness of the Government’s intentions to raise further the profile of occupational health and safety. Findings will be published.
