New law on civil liability

A loophole over civil liability in the Management of Health and Safety at Work Regulations 1999 was closed last month.

The Management of Health and Safety at Work (Amendment) Regulations 2006 removes the right of third parties to take legal action against employees for contraventions of their duties. It gives workers the same protection against third-party action that employers have had since the law was amended in 2003.

The 2003 amendment opened up the possibility that members of the public could sue employees whose actions affected others’ health and safety. Although no claims have been brought, the Health and Safety Executive recognised that the potential for such claims was there, and has now amended the regulations.