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详细
- Provides a comprehensive and practical guide to health and safety enforcement
- Fully revised and updated to include coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Act 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission
- Written by two leading specialist practitioners, guaranteeing unique practical insight into this complex and growing area
- Includes meticulous analysis of recent case law, and the implications of decisions made
New to this edition
- This new edition has been fully updated and contains coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Bill 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission
Health and Safety Enforcement: Law and Practice has become the standard text for practitioners in this growing area of the law, providing an authoritative guide to the key issues in health and safety enforcement in a practical manner. This third edition provides comprehensive coverage of health and safety inspectors' enforcement powers; the service and appeal of improvement and prohibition notices; the law relating to health and safety offences; work-related death investigations; the Coroner's procedure; and criminal procedure and sentencing in respect of health and safety offences. It also includes relevant extracts from the key statutes, the Enforcement Policy Statement, and the most important Health and Safety Regulations.
Comprehensively and meticulously updated, this edition includes coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Act 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission. It has also been scrupulously updated to include all recent case law, including consideration of the practical implications of decisions made.
Readership: Primary market: barristers and solicitors specializing in health and safety law, or dealing with health and safety law as part of a wider regulatory or regulatory crime practice. Secondary market: Health and Safety Executive officers and inspectors.
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- 1: The Enforcement Framework
- 2: The Reporting and Investigation of Health and Safety Incidents and Offences
- 3: Advising Clients: Interviews under Caution, Representation, and Privilege
- 4: Improvement and Prohibition Notices
- 5: Legal Personality and Secondary Liability
- 6: Health and Safety Offences I: Breach of the Employer's General Duties
- 7: Health and Safety Offences II: Breach of the General Duties under HSWA 1974 ss4, 6 and 7
- 8: Other Health and Safety Offences: HSWA 1974 s33(1)(b)-(o)
- 9: Criminal Procedure
- 10: Abuse of Process and Judicial Review
- 11: Sentencing
- 12: Work-Related Deaths
- 13: Commonly Enforced Regulations
- Appendix A- Relevant extracts from the Health and Safety at Work etc. Act 1974
- Appendix B- The Health and Safety (Enforcing Authority) Regulations 1998 (as amended)
- Appendix C- Sentencing Guidelines Council: Corporate Manslaughter and Health and Safety Offences Causing Death: Definitive Guideline
- Appendix D- The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
- Appendix E- Health and Safety: The Management of Health and Safety at Work Regulations 1999 (as amended)
- Appendix F- Health and Safety: The Workplace (Health, Safety and Welfare) Regulations 1992 (as amended)
- Appendix G- Health and Safety: The Manual Handling Operations Regulations 1992 (as amended)
- Appendix H- Health and Safety: The Provision and Use of Work Equipment Regulations 1998 (as amended)
- Appendix I- Health and Safety: The Control of Substances Hazardous to Health Regulations 2002 (as amended)
- Appendix J- Health and Safety: The Construction (Design and Management) Regulations 2007
- Appendix K- Health and Safety: The Work At Height Regulations 2005 (as amended)
- Appendix L- Health and Safety: The Control of Asbestos Regulations 2006;
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Richard Matthews QC, Barrister, 2 Bedford Row, and James Ageros, Barrister, 2 Bedford Row
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"a rich, superb and much needed legal practitioners' book on health and safety enforcement...full of constructive and intricate details that only eminent pratitioners can deliver. Well worth reading" - Sally Rampage, The Criminal Lawyer
"...a practitioner text which combines an impressive depth of analysis, together in one volume with most of the statutory material required for day to day reference. Those looking to establish a practice in this area would be well advised to invest in a copy of Health and Safety Enforcement" - Thom Dyke, Solicitors Journal