Directors’ liability for health and safety incidents.

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Supreme Court Decision 38991, which was issued on November 4 2010, has established that a board of directors may be held liable in respect of duties of health and safety in the workplace.

The court considered events that resulted in injury and which occurred in a company with a complex structure. In its decision it distinguished between two types of injury event: an event arising from a structural dysfunction in the company and one arising from a chance dysfunction.

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