Directors' duties are firmly back at the top of the health and safety agenda. As reported in the January issue of SHP the Health and Safety Commission instructed the HSE to "explore possible ways of imposing duties on directors of private sector and public bodies". As a consequence s37 of the Health and Safety at Work, etc. Act 1974 (HSWA) is now under review. Much has been written about the outcome of the recent criminal prosecution concerning the Hatfield train crash of 2000. However, less attention has been given to some of the rulings made by the trial judge during the course of the proceedings. One of these rulings concerned section 37.
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