S.L. 424.33 Art. 5Disregard of any provision of any published Code of Practice or other form of guidance issued by the Authority.

Where by virtue of the Act or of any regulation made thereunder, it is for an accused person to prove that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement, the Authority may intimate that person for the payment of a penalty, for having disregarded any provision of any published Code of Practice or other forms of guidance issued by the Authority, if in the opinion of the Authority, such person was not taking suitable or sufficient measures for the protection of occupational health and safety.