EAWR section 28 - Defence

E95 4 days ago

I appreciate this is not a legal forum however I suspect there will be some good guidance within this forum.

I notice regulation 28 of Electricity At Work Regulations 1989 states that a valid defence to a breach of regulations is that: "In any proceedings for an offence consisting of a contravention of regulations 4(4), 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 or 25, it shall be a defence for any person to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of that offence."

My question is, what defence is valid for a breach of maintenance Reg 4 (2)? and why is this exempt?

If anyone is aware of any case studies of incidents due to this I would be keen to read them

Regards,

E95

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0 Mike Mln 4 days ago

I am not sure of your question, it reads like you are saying the Defence regulation (29 https://www.hse.gov.uk/pubns/priced/hsr25.pdf) can apply to regulation 4(2).

Which it doesnt, as per the wording in that section it only applies to 4(4), which is also mentioned in 4(4).

Can you please clarify if my understanding of the question was correct? or where I went wrong.

Thanks

Mike
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0 Mike Mln 4 days ago

I am not sure of your question, it reads like you are saying the Defence regulation (29 https://www.hse.gov.uk/pubns/priced/hsr25.pdf) can apply to regulation 4(2).

Which it doesnt, as per the wording in that section it only applies to 4(4), which is also mentioned in 4(4).

Can you please clarify if my understanding of the question was correct? or where I went wrong.

Thanks

Mike
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Mark as Helpful Answer

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EAWR section 28 - Defence

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