Abstract
Every day in British industry an average of four people die of injuries or industrial diseases. In the course of a year, tens of thousands are injured. Some 23 million working days are lost, ten or more times the number currently lost by strike action.1 What can the law do to stop or reduce this mayhem? One might at first be tempted to say ‘very little’, if only because the figures have not greatly altered despite the wave of legislation which followed the ‘new deal’ of the Health and Safety at Work Act in 1974. But common sense tells us that if it were not for the law, things would be very much worse. In fact, it is really only the pressure of the law which in the long run can change our attitudes and actions. It is very important therefore to understand how the law works, and what might be done to strengthen and improve it.
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Case References
AC: Appeal Cases.
All ER: All England Reports.
CLYB: Current Law Year Book.
ICR: Industrial Cases Reports.
IRLR: Industrial Relations Law Reports.
KIR: Knights Industrial Reports.
MedLR: Medical Law Reports.
PIQR: Personal Injuries and Quantum Reports.
SLT: Scots Law Times.
SolJ: Solicitors’ Journal.
WLR: Weekly Law Reports.
Notes
Figures from the Health and Safety Commission Annual Report 1991–2, which should be compared with those recorded in the Robens Report on Safety and Health at Work 1970–72, Cmnd. 5034.
Employers’ Liability (Compulsory Insurance) Act 1969.
Dismissal on grounds of ill health is essentially a managerial rather than a medical issue: Rolls Royce v. Walpole [1980] IRLR 343 (Employment Appeal Tribunal).
[1953] AC 643.
(1989) The Times, 13 June.
[1977] SLT 66.
[1992] PIQR 57.
[1952] 96 SolJ852.
[1953] AC 180.
[1959] 1 All ER 81.
[1987] 3 WLR 212.
[1992] IRLR 34.
(1992) The Times, 29 Dec.
(1992) The Times, 2 July.
[1992] 3 Med LR 129.
[1990] IRLR 516.
[1991] IRLR 463.
(1972) 13 KIR 275.
[1992] IRLQ 349.
(1972) 13 KIR 255.
(1960) The Times, 22 Nov.
[1957] 2 All ER 229.
(1967) 3 KIR 28.
(1962) Guardian, 11 Oct.
(1961) 105 SolJ912.
[1990] ICR 61.
(1975) The Times, 25 Nov.
(1982) The Times, 29 Oct.
(1980) The Times, 19 July.
[1992] CLYB.
[1951] AC 367.
[1953] 2 All ER 391.
[1955] 2 All ER 12.
[1959] AC 743.
(1971) 12 KIR 13.
[1990] IRLR 516.
[1951] SLT 395.
[1957] 2 All ER 18.
(1968) 5 KIR 401.
[1942] AC 509.
(1973) The Times, 7 June.
[1989] IRLR 177.
[1956] 2 All ER 447.
Cmnd. 5034.
Further Reading
Encyclopedia of Health and Safety at Work (ed.) M. Goodman, Sweet and Maxwell, London.
Munkman, J. (1990) Employers’ Liability, Butterworth, London.
Selwyn, N. (1993) Law of Health and Safety at Work, Butterworth, London.
Stapleton, J. (1986) Disease and the Compensation Debate, Clarendon Press, Oxford.
Whincup, M. (1991) Modern Employment Law, Heinemann, Oxford.
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Whincup, M. (1995). Employment law. In: Bamford, M. (eds) Work and Health. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-4423-8_7
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