A senior manager of a cabinet-making factory has been summonsed to appear in court under the health and safety at work etc. Act 1974 allegedly for failing to provide a safe system of work following a worker being injured using a hand sander. The company had considered introducing powered sanders but prided themselves on bespoke hand-tooled cabinet making skills and considered powered machinery as moving away from traditional crafts. There was also a cost implication of moving to the use of powered machinery. A risk assessment had been completed, the machinery was not found to be at fault and the worker was experienced and trained. The manager wishes to defend themself particularly as this is claimed to be the first injury accident on the site.

OUTLINE then DISCUSS the defences available to the senior manager with this threat of criminal prosecution, supporting your answer with relevant case law.