09 May 2012
In this briefing, we consider two recent judgements on the responsibility of parent companies for the liabilities of subsidiaries and the trigger for cover under employer liability insurance for mesothelioma claims. We also review the Control of Asbestos Regulations 2012 and comment on the Health and Safety Executive’s approach to enforcement in the asbestos area.
12 December 2011
The recent prosecution of Marks & Spencer plc following its failure to properly manage works involving asbestos during refurbishment at two of its stores serves as a timely reminder to all those who are involved in the management of premises. Amongst other duties, they must consider the dangers asbestos poses when disturbed and the control measures which are necessary to deal with it safely and in compliance with the law.
30 November 2011
In March 2011, the government asked Professor Ragnar Löfstedt to carry out a review of health and safety regulations. The aim was to identify opportunities to simplify the legislation, thereby reducing the “health and safety” burden on businesses and individuals. Both the report and the government’s response were published on 28 November 2011.
20 September 2011
Police and other authorities can now be prosecuted following deaths in custody in England, Scotland and Wales.
26 August 2011
Every employer needs to know whether a step is Reasonably Practicable in order to avoid potential criminal liability under s2 and s3 of the Health and Safety at Work Act. Two recent cases have reaffirmed the law that the test of reasonable practicability in low risk businesses is one of proportionality between risk and cost not the commonly recommended consideration of Gross Disproportion.
20 June 2011
The effect of health and safety legislation is increasingly being felt by the energy sector, and particularly the alternative energy sector as it has expanded into larger projects over the past few years. This article discusses some of the developments and implications that will be of interest to general counsel advising boards on liability and corporate governance.
03 June 2011
The recent fine levied on EPR Ely Limited following a fatal accident in 2008 highlights some key issues for anyone involved in biomass operations.
03 June 2011
The first organisation in England & Wales has been fined under the Corporate Manslaughter and Corporate Homicide Act 2007 and subsequently failed to win a right to appeal against the conviction and £385,000 penalty.
27 April 2011
The Health and Safety Executive is seeking views on a proposal to increase the reporting threshold for workplace accidents and injuries from 3 working days to 7 days (including non-working days).
27 April 2011
The Department for Work and Pensions has recently published its proposed next steps for reforming health and safety. This follows Lord Young's Report last year, which focussed on shifting health and safety away from what he perceived as the 'compensation culture' driving it.
14 July 2010
Senior Associate Sarah Embleton recently appeared in HR Zone, giving advice on employer's responsibilities for taking care of their employees' eyesight.
16 December 2009
The Sentencing Guidelines Council, which is responsible for advising on sentencing for England and Wales, has now published a second consultation paper on proposed sentences for Corporate Manslaughter and health and safety offences causing death. We have produced this briefing with explains the recommendations.
22 July 2009
The UK is undertaking a new breed of energy project in what can be a hostile environment. The situation in respect of applicable health and safety laws is not and currently there is a regulatory "gap" for offshore renewables projects situated outside territorial waters.
01 May 2009
The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been announced by the CPS.
19 January 2009
This briefing provides an update of the likely use of the new powers of imprisonment and the effective date.
29 October 2008
New corporate manslaughter legislation is now in force in the UK. Ann Metherall of the ICE health and safety expert panel says it could have a major consequences for civil engineering organisations and professionals.
15 September 2008
This briefing summarises the powers available to the police in conducting manslaughter investigations and how individual managers and directors may be called to account. It does not cover the powers of HSE Inspectors.
07 March 2008
This briefing is in response to the "Consultation Paper on Sentencing for Corporate Manslaughter". The consultation also includes sentences for breach of health and safety laws that result in death as well as corporate manslaughter.