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In
February 2005, the HSC changed its policy on the enforcement
of section 3 of the Health and Safety at Work Act
1974 - in relation to the safety of members of the
public.
This
change was in response to a legal opinion that the
CCA had sent to the HSE in June 2004. The legal opinion
stated that the policy it had adopted in November
2003 was 'unlawful'.
The
pages here explain what is the new policy and how
it differs from the one adopted in November 2003,
and how that one itself differed from the previous
policy
The
new policy is set out in two documents: (a) a new
Policy Statements published by the Health and Safety
Commission and (b) an Operational Circular 130/10
– used by HSE inspectors - which is dated 25th
February 2005.
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