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The Health and Safety (Offences) Act 2008

11-02-2009 15:49 by Ian Shotliff

A lot of interest has been shown in the Corporate Manslaughter Act 2007, but the HSOA has slipped in relatively unnoticed. It is well known that the intention of the CMA 2007 was to be able to hold corporate bodies to account, rather than individuals. The HSOA means that individuals with specific responsibilities can find themselves prosecuted and potentially jailed for breaches of HS legislation. This can include any acts of consent, connivance or neglect and goes right down to the shop floor, e.g. horseplay, failure to follow training etc. As in all HS law, there is no requirement for a person to be injured; an act or omission resulting in a near miss or just the potential for injury etc can also be prosecuted.

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