Latest Health & Safety legislation News

Lack of adequate insurance cover for employees abroad can result in litigation
posted on 28/01/2008

The increasingly global nature of business means that employees now regularly operate abroad, often in potentially hazardous regions. Should the worst happen, a company’s failure to take all reasonable precautions and an inadequate response to an incident will attract the censure of staff, their families, clients, shareholders, trades unions, other pressure groups and even the courts. Almost one in ten (9%) UK-based companies fail to insure their employees and other critical company assets when they are deployed abroad, according to research published by ArmorGroup International plc. The reasearch also reveals that the majority of these companies do not provide insurance cover abroad, with only a fraction doing so in high risk regions. ArmorGroup warns senior company executives that this lack of adequate insurance cover is a glaring example of companies’ failure to properly address the critical issue of duty of care to their employees and could leave them open to litigation as a re... [more]

The impact of the Corporate Manslaughter and Corporate Homicide Act
posted on 12/12/2007

The introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 represents a substantial change in the management of health and safety. Coming into force on 6 April 2008, the new legislation will make it possible for companies and government bodies to face prosecution should gross management failure result in the death of a person – be they an employee, a member of the public or any other individual. Under existing legislation, a company’s guilt is associated with the gross negligence of an individual considered to be the embodiment of the company. While this is straightforward with regards to small companies, it has posed a problem in prosecutions against larger employers. The new Act will effectively remedy the current situation by making it possible for an organisation’s senior management team to be held accountable. The penalties are potentially steep – organisations found guilty can face unlimited fines, remedial and publicity orders. Not only does this pose financ... [more]

Alarming rise in violence aimed at shop workers
posted on 02/11/2007

The value of goods stolen from shops is at a ten year high and violent acts against retail staff have risen 50 per cent in a year according to the British Retail Consortium’s (BRC) 2007 Retail Crime Survey. This year the survey has concentrated on detected theft. That is where the thief was actually caught and prosecuted. This gives a highly reliable, though very conservative measure. Previous BRC surveys have shown 75 per cent of losses go undetected. The survey shows, for UK retailing as whole, losses from detected customer theft rose 8.5 per cent from £189 million to £205 million in a year. Losses to undetected customer theft are likely to have risen by at least the same proportion bringing the total cost of goods stolen to £830 million. The increased cost of detected thefts indicates a combination of more thefts, higher value thefts and retailers’ increased investment in security measures. Across stores of all types, the number of detected shoplifting incidents rose, year-o... [more]

Addressing the unique risk profile of lone workers in the building industry
posted on 01/11/2007

A lone worker should not be at more risk than any other employee and precautions should be put into place to account for normal work and foreseeable emergencies such as illness, accidents and workplace violence. The boom in building, especially amongst house builders, has resulted in year on year increases in the building of new homes across the country. New properties not only include private dwellings but also those built as partnerships with housing associations and local councils. For the house builder this means employing more temporary and permanent staff in sales positions for which they have a duty of care. An employer has responsibility for the health, safety and welfare at work of their employees. These responsibilities cannot be transferred to people who work alone. The Health and Safety Executive says: “It is the employer’s duty to assess risks to lone workers and take steps to avoid or control risk where necessary.” Employers should identify potential risk such as:... [more]

Company directors to face greater responsibility for health and safety
posted on 22/08/2007

The Corporate Manslaughter and Corporate Homicide Act has finally made it through the UK Parliament after it was almost scuppered by a row over whether deaths in custody should be included. It is now awaiting Royal Assent before its introduction next year. Fear of prosecution is expected to act as a driver to ensure good health and safety practice throughout the UK, and it should mean a fairer system. Company directors will face greater responsibility for health and safety than ever when the new offence of corporate manslaughter is expected to be introduced on 6 April next year, says law firm DWF. The news comes as pressure mounts for more prosecutions of directors under the existing health and safety rules are likely to be stepped up. Steffan Groch, health and safety partner with DWF, welcomes the new law in principle. He said: “The current system is unfair as it has proved easier to convict smaller companies and their senior staff for manslaughter because lines of control are ... [more]

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