Health and Safety at Work - Defences

 Health & Safety - "So Far As Was Reasonably Practicable"
R v HTM Ltd
CA
22 May 2006
BAILII Judgment
A criminal case bit of some relevance in personal injury claims.
Health and Safety At Work - Employer’s duties. In cases concerned
with a statutory duty which was qualified with the words 'so far
as was reasonably practicable' the risk of accident had to be
weighed against the measures necessary to eliminate the risk,
including the cost involved. The phrase 'so far as reasonably
practicable' was not a defence, and it followed that reg 21 of the
Management of Health and Safety at Work Regulations 1999
(precluding an employer from relying on a defence by reason of any
act or default of his employee) did not apply.