[2007] EWCA Crim 3032

Where a worker had been killed when the dumper truck he was driving overturned the prosecution had established that there was a risk to the health and safety of employees and therefore the onus, under the Health and Safety at Work etc. Act 1974 s.40, was on the worker's employer and the undertaker of the project to prove they had done all that was reasonably practicable to avoid that risk.

CA (Crim Div) (Latham LJ, Gibbs J, Lloyd Jones J)

13/12/2007