Legislation and enforcement | SHP - Safety and Health Practitioner

Legislation and enforcement

News

The case of a worker who was fatally crushed on a construction site is the inspiration behind a new Bill aimed at preventing companies going into administration to escape punishment following a death or serious injury.

Businesses that believe they have been the recipients of erroneous, or over-the-top advice from HSE or Local Authority (LA) inspectors can now appeal these decisions to an independent panel.

The number of directors and senior managers prosecuted under section 37 of the HSWA 1974 has rocketed by more than 400 per cent in the last five years, according to unofficial figures released by the HSE in response to a freedom of information (FoI) request.

Calls have been renewed for legislation governing gangmasters to be extended to the construction industry, with a Bill supporting the move set to be debated in the House of Commons in January.

A long-running legal dispute on offshore working hours and leave entitlement has ended with the Supreme Court ruling against the oil and gas workers who brought the case.

In Court

A roofer has admitted putting workers and members of the public at risk, after being spotted working on a roof without any fall protection by a passing HSE inspector.

An HSE inspector has slammed two construction companies for “appalling” safety standards at a building site in London.

A landowner has been jailed for nine months for failing to comply with enforcement notices, which required him to put edge protection around a hillside car park.

A property developer has appeared in court after the HSE ordered it to stop work at a construction site in Manchester on three separate occasions.

A landlord has been given a six-month suspended prison sentence for allowing a tenant to live without hot water or heating for two years.

Features

Health and safety legislation in the UK is not only too complex but, on occasions, also runs contrary to the goal of protecting employees in the workplace, says Michael Cooke, who wonders whether stripping back certain regulations and supporting employers through best-practice guidance might be simpler and more effective.

Being faced with a prosecution following a workplace accident is always a daunting prospect, but cases can seem that much worse when there is more than one defendant involved. Alison Gray and Anna Hart explore the trend and suggest what tactics can be employed to manage the challenges thrown up by such cases.

The question of how safe is ‘safe enough’ lies at the heart of the UK’s health and safety legal system. Dr Chris Elliott and Mike Appleby explore the meaning of reasonably practicable.

Keith Turney gives a first-person account of the effect a worker fatality – and the subsequent HSE prosecution – had on him and his company, and explains how the incident prompted the revitalisation of the safety culture within the already very safety-conscious business.

Are small and medium-sized enterprises served a raw deal by those responsible for enforcing health and safety law? Tying up some of the major recent developments in SME compliance, Rob Elvin weighs up the evidence.

Comment & Community

A new approach to refresh national enforcement priorities for local-authority regulatory services, and help them focus on the key regulatory risks faced in England, is detailed in a new report by the Local Better Regulation Office (LBRO).

New guidance is available to help employers and the recruitment sector prepare for the introduction of the Agency Workers Regulations later this year.

Just 7 per cent of UK employers have assessed how they will be affected by the Agency Workers Regulations (AWR), suggests research by recruitment and HR services company, Randstad.

Hertsmere Borough Council has partnered with the HSE and other neighbouring local authorities to launch a flexible warranting scheme.

A new report published by the University of Massachusetts Lowell has identified seven high-priority strategies to reduce workplace accidents and ill health in the USA.

 

 
 

 

 
 
 
 
 

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