Health and safety at work

A recent decision of the Divisional Court has important implications for employers served with improvement or prohibition notices under the Health and Safety at Work, etc., Act 1974.

In Deary v Mansion Hide Upholsteries Ltd (The Times, 28 March 1983), the company owned a factory in which polyurethane foam was stored. Section 2(1) of the 1974 Act imposes a duty on an employer "to ensure, so far as reasonably practicable, the health, safety and welfare of all his employees", and the company had been served an improvement notice alleging a breach of this section. The notice required that the company provide within three month

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