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February/March 2017 (vol. 13/5)

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Hand–arm vibration syndrome, part 5

Part 5: prosecutions and common-law negligence

Summary:

Occupational physician Roger Cooke and barrister Doug Cooper continue their examination of the law as it relates to hand–arm vibration syndrome. In this article they focus on health and safety prosecutions and common-law negligence, but also consider the relevance of the Equality Act 2010.

With the development of legislation to protect the health of workers, and the increasing availability of common-law action for occupational disease, consideration of the legal background has become an important issue in occupational health (OH) generally. An important example is the statutory regulation of, and common law relating to, hand–arm vibration syndrome (HAVS).

This article – the fifth in Occupational Health at Work’s series on HAVS – highlights the penalties that employers face …

 

Roger Cooke is a consultant in occupational medicine and honorary senior lecturer at the Institute of Occupational and Environmental Medicine at the University of Birmingham.

Doug Cooper is a barrister at Deans Court Chambers who specialises in occupational disease claims, and particularly medical causation.

 

Author: Cooke, R and Cooper, D

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Occupational Health at Work February/March 2017 (vol. 13/5) pp30-34

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