4. Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations.
Definitions used in regulation 4 1
- the preventive and protective measures
“the preventive and protective measures" means the measures which have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions ...;
Defined in reg.1 · see it in the full Regulations
Cases considering regulation 4 9
Bass v Ministry of Defence
The pleaded reliance on Regulation 4 did not establish liability because the Regulations did not apply to the claimant’s extra-territorial activities. The applicable duty was instead the common-law duty of care. (see paras [30]-[35])
Mullen v Accenture Services Ltd.
Regulation 4 applies only where the employer has implemented preventive and protective measures. Because the complaint was that the defendant had done nothing, the regulation had no application. (see para [41])
Bristol Council, R (on the application of) v Bristol Magistrates' Court
Applies the requirement that preventative and protective measures be implemented in accordance with Schedule 1. The provision formed part of the regulatory scheme found capable of addressing the risks in issue. (see para [49])
- Kennedy v Cordia (Services) LLP
- Andrew Chell v Tarmac Cement and Lime Limited
- Whitehead v Trustees of the Chatsworth Settlement
- King v Medical Services International Ltd
- Paterson v Surrey Police Authority
- A & Ors, R (on the application of) v East Sussex County Council & Anor
What each judgment says about regulation 4 is in the case-law panel in the full Regulations.