Every employer has a duty to ensure so far as is reasonable the welfare and health and safety at work of all of his employees.

Previously, an employer facing prosecution under the Health and Safety at Work Act 1974 could not argue in his defence that a particular incident was not foreseeable or that it was the fault of an employee.

The effect of HTM ruling in 2006 is that provided the employer can show:

• He has done everything reasonably practicable to ensure that the employee had the necessary skill and instruction
• That there were safe systems of work
• Adequate supervision
• The proper performance of his work
• It was an isolated act that could not reasonably have been foreseen

THEN THERE COULD BE A DEFENCE.

This is just a snap shot of the HTM ruling.If you are an employer facing a health and safety prosecution contact me for advice.