Practice and Procedure

R (on the application of HEALTH & SAFETY EXECUTIVE) v SHAH NAWAZ POLA (2009)

PUBLISHED April 7, 2009
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[2009] EWCA Crim 655

A casual worker who had been working on the building of a house extension was sufficiently controlled by his employer to qualify as an employee under the Health and Safety at Work etc. Act 1974 s.53. Accordingly, the employer was liable for offences under s.33(1)(a) and s.33(1)(c) when the worker suffered severe brain injuries when he fell from a raised platform at the site.

CA (Crim Div) (Moses LJ, Hedley J, Judge Russell Recorder of Preston)

07/04/2009

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