The Court of Appeal has ruled against arguments put forward by the Health and Safety Executive (HSE) in its prosecution of Hatton Traffic Management (HTM) Ltd. following the death of two workers in an accident on the A66, near Scotch Corner. The men were killed when the equipment they were using came into contact with an overhead electricity cable.

 

HTM appealed on two points of law, relating to whether the ‘foreseeability’ of events and the actions of employees can be used as defences in such cases. The HSE argued that employers should be required to take reasonable steps to prevent unforeseeable risks and that negligent actions on the part of employees were irrelevant in determining the guilt of the employer.

 

The Court of Appeal ruled that employers should not be found negligent on health and safety grounds when employees are ‘acting outside their remit’.

 

This is an important decision which will be welcomed by those with health and safety responsibilities. However, the HSE has indicated that it will invite the House of Lords to consider the issues in order to provide definitive guidance.