Criminal law vs civil law
You are sure to have heard of these two terms but you may have wondered how they differ in relation to workplace health and safety.
You have a legal requirement to keep your workers safe.? If you do not, then you can be criminally prosecuted. This could be by a local authority or a regulator, such as the Health and Safety Executive (HSE). An employee may also seek compensation if they have been endangered at work. This is done civilly.
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In the news
The most common cases we hear in the news are criminal ones, prosecuted by the HSE. However, in March this year, approaching 70 healthcare workers went to court to sue the NHS and other employers, for compensation under civil law.? Each claimant contracted COVID and went on to suffer from long COVID.? Their claim is that they were not properly protected from the virus when in the workplace, through lack of appropriate PPE.
The group members are trying to sue their individual employers although most are NHS trusts in England.? The civil trial has not yet been scheduled but acts as an example of how important it is to follow health and safety directives to keep your workers safe at all times.
Let’s take a closer look at how the two types of law impact your business.
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Criminal law
As an employer, you have a legal duty to keep your employees safe and protect them from health and safety risks. Health and safety law is usually enforced by the HSE or local authority.? This will depend on your type of workplace.
In the UK, health and safety laws are made up from regulations and acts of parliament. The leading legislation is the Health and Safety at Work Act 1974 (HSWA), but particular workplaces will have specific risks which are governed under other regulations too.
An example of such workplaces would be construction work, for instance their increased risk of working with lead or asbestos.? The Control of Lead at Work (CLAW) Regulation 2002 and The Control of Asbestos Regulations 2012 come into play here.
It is important to note, as a business, that it is not necessary for a worker to have come to actual harm in order for an offence to have been committed. If workers are at undue risk then you may be liable to criminal law.
It is fundamental to the safety of your workers and business that you are managing and controlling risks in the workplace. The Management of Health and Safety at Work Regulations 1999, states that the least you must do is:
If you are found lacking in this basic requirement you could be prosecuted.
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Civil law and health and safety
The good news is that if you meet the requirements of health and safety laws and regulations for your workplace, then you are far less likely to be found negligent under civil law too.
Remember the HSE and other regulatory bodies do not impose civil law. If a worker has been harmed by your disregard as an employer they may be able to make a compensation claim against you under civil law.? This is also applicable in cases where an employee has been careless and caused harm to someone else, in which case you may also be liable.
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Insurance – Protecting your business
Nearly all business owners should have employers’ liability insurance. This will enable you to cover any compensation claims made against your business. Not having this liability insurance could be breaking the law.
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Next steps
If you want to check that you are fully adhering to the law to minimise your own legal risk – whether criminal or civil, give us a call. We’re experts at making sure your business is compliant and keeping your workers safe from harm.