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Is following HSE guidance enough to satisfy the courts?

Series: Health and Safety Bulletin ; (312) October 2002, 7-12(6)Publication details: 2002Subject(s): Summary: Considers whether following Health and Safety Executive (HSE) guidance on the Management of Health and Safety at Work Regulations 1999 is sufficient to satisfy the courts. Presents the findings of a study into how courts are interpreting the law and HSE guidance in personal injury claims for work-related upper-limb disorders (WRULDs). The study set up a WRULD judgement website to encourage WRULD case reporting and analysed the results. Concludes that HSE guidance that is not uniformly interpreted by the courts and workplace, or which does not adequately cover employers' common law duties, may lead to some employers doing more than is required to comply with the law and other employers failing to comply with the law. Case law. References.
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Journal article London Journal article ABS66055 (Browse shelf(Opens below)) 1 Available 120343-1001

Considers whether following Health and Safety Executive (HSE) guidance on the Management of Health and Safety at Work Regulations 1999 is sufficient to satisfy the courts. Presents the findings of a study into how courts are interpreting the law and HSE guidance in personal injury claims for work-related upper-limb disorders (WRULDs). The study set up a WRULD judgement website to encourage WRULD case reporting and analysed the results. Concludes that HSE guidance that is not uniformly interpreted by the courts and workplace, or which does not adequately cover employers' common law duties, may lead to some employers doing more than is required to comply with the law and other employers failing to comply with the law. Case law. References.