This section is the same as that for counterbalanced trucks but I have reproduced it here for the sake of completeness. The Health and Safety at Work Act was introduced in 1974. Section 2 of this act places an onus on all companies to ensure that their employees are safe whilst at work. This liability is, however, not unlimited but has to be seen to be reasonable and practicable.
Unlimited fines can be applied in the Crown Court for employers who are found to be in breach of this act. Furthermore section 40 of the same act insists that employers effectively prove their innocence rather than the court having to find them guilty.
Contrary to popular belief there is no provision in law for companies and directors of companies to be sent to jail under the terms of section 2 although there are certain rare specific parts of the act where this is possible. For more health and safety law as it applies to trucks, check out the legislation section. The definition of what is considered reasonable and practicable is covered here. (Opens in new window)Disclaimer. The legislative information contained on this web site is my interpretation of the law based on many years in the health and safety business. A definitive interpretation can only be given by the courts. I will therefore not be held responsible for any accident/incident/prosecution arising as a consequence of anyone using any information obtained from this web site.