Proposals for new Regulations amending the Management of Health and Safety at Work Regulations 1999 and the Health and Safety (Consultation with employees) Regulations 1996

Consultation ended 18 May 2005

Background

The Health and Safety Commission has issued proposals for amendment of the Management of Health and Safety at Work Regulations 1999 (MHSWR) and the Health and Safety (Consultation with Employees) Regulations 1996 (HSCER).

The amendments are being made primarily to:

• extend to employees protection against claims by third parties, in circumstances where employees may owe a duty to third parties under regulation 14 of MHSWR;
• further limit the statutory presumption of civil liability by amending regulation 22 of MHSWR so as to protect self-employed persons who are not employers against claims arising from breach of any duty imposed on them by MHSWR;
• allow civil action, again by amending regulation 22 of MHSWR, to be brought by employees of an employment business, to whom duties are owed by host employers under regulation 15(2) and (3) of MHSWR;
• through amending regulation 9 of HSCER, confer a right of action in civil proceedings so far as it causes damage;
• protect employers against claims by third parties insofar as they may owe a duty to them.

• View consultation letter [50kb]
• View draft regulations [32kb]
• View regulatory impact assessment [38kb]