Chapter 1 Legal principles

In the UK the health and safety legal framework is based on self-regulation rather than a prescriptive approach. Failure to comply with the requirements is a criminal matter.

This legal framework has a tiered approach moving from the general obligation to reduce risk to a level as low as reasonably practicable, to compliance with regulations, supported by Approved Codes of Practices and Guidance, and the development of good practice.

The reverse burden of proof placed on a defendant under the Health and Safety at Work Act 1974 emphasises the importance of being able to identify and control risks throughout the construction process but also to be aware of and implement guidance and good practice.

Although the impact of the Corporate Manslaughter and Corporate Homicide Act 2007 has increased the profile of safety, the starting point is compliance with the 1974 Act. Equally, if duty holders comply with their obligations under this Act, concerns about personal injury claims and other civil claims largely drop away.

The position in Europe and other parts of the world is different. A detailed assessment falls outside of the scope of this chapter, however some key points can be identified including the relationship between the UK regime and other parts of the world.