0
Blake Lapthorn’s in-house lawyer
and decision makers’ forum
Health and Safety :
the changing legal landscape
John Mitchell...
The deregulation agenda
John Mitchell, Partner
john.mitchell@bllaw.co.uk
The background
October 2010 – Lord Young’s report “Common
Sense, Common Safety”
November 2011 – Professor Löfstedt’s repor...
New legislation
Defence costs
Fee for intervention
Abolition of strict liability in compensation cases
Injury reporting
Co...
Approved Codes of Practice
ACoPs abolished
– L21 (replaced by re-written HSG65 on managing
health and safety)
– L81 on gas...
Other non-legislative action by HSE
Appeal panel
– http://www.hse.gov.uk/contact/challenge-panel.htm

Myth busters
– http:...
Action on local authorities
Primary authority
Inspection plans
Enforcement code
– http://www.hse.gov.uk/lau/national-la-co...
In the pipeline
The Deregulation Bill
– The self employed “exemption”
– The “promotion of growth” duty

The Business Taskf...
Fallout
Comprehensive Spending review – cut HSE budget
by 2014/5 by 35%
– HSE is struggling to maintain frontline numbers
...
Corporate Manslaughter
Nikki Hutchins
nicola.hutchins@bllaw.co.uk
Corporate Manslaughter & Homicide Act 2007
An organisation is guilty of an offence … if the way
in which its activities ar...
Senior Management
“The Persons who play significant roles in
i.

ii.

The making of decisions about how the whole or a
sub...
Relevant Duty Of Care
The relevant duty of care is one already owed under
the law of negligence
A question of law to be de...
Gross Breach
The conduct alleged to amount to a breach of that
duty falls far below what can reasonably be
expected of tha...
Jury Factors
The jury may also:
a. Consider the extent to which evidence shows there
were attitudes, policies, systems or ...
Sentencing Guidelines
Corporate Manslaughter and Health & Safety
offences causing death : In force 15 February 2010
Factor...
Investigations
Police have primacy : HSE or fire authority advice
Reference to the CPS Special Casework Unit
Very complex ...
Case Study
The Good News
The prospects of being subject to an investigation
can be much reduced by:
– Effective risk management for e...
Blake Lapthorn’s in-house lawyer
and decision makers’ forum
Health and Safety :
the changing legal landscape
John Mitchell...
Upcoming SlideShare
Loading in...5
×

Blake Lapthorn's In-House Lawyer and Decision Makers' forum - 'Health & Safety: the changing legal landscape'

157

Published on

On Tuesday 25 February 2014, Blake Lapthorn's commercial litigation team hosted an In-House Lawyer and Decision Maker's forum in Southampton. Our speakers, John Mitchell and Nicola Hutchins, discussed the changing landscape of Health & Safety law.

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
157
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
1
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

Transcript of "Blake Lapthorn's In-House Lawyer and Decision Makers' forum - 'Health & Safety: the changing legal landscape'"

  1. 1. Blake Lapthorn’s in-house lawyer and decision makers’ forum Health and Safety : the changing legal landscape John Mitchell, Partner john.mitchell@bllaw.co.uk Nikki Hutchins nicola.hutchins@bllaw.co.uk
  2. 2. The deregulation agenda John Mitchell, Partner john.mitchell@bllaw.co.uk
  3. 3. The background October 2010 – Lord Young’s report “Common Sense, Common Safety” November 2011 – Professor Löfstedt’s report “Reclaiming Health and Safety for All” January 2012 – Prime Minister’s speech in Maidenhead
  4. 4. New legislation Defence costs Fee for intervention Abolition of strict liability in compensation cases Injury reporting Consolidation and repeal of various specialist regulations
  5. 5. Approved Codes of Practice ACoPs abolished – L21 (replaced by re-written HSG65 on managing health and safety) – L81 on gas service pipes – L116 on preventing accidents to children in agriculture ACoPs radically amended: – – – – – L5 on COSHH L8 on legionnaires’ disease L28 on workplace health, safety and welfare L56 on gas safety (consolidation of 2 ACoPs) L138 on dangerous substances and explosive atmospheres (consolidation of 5 ACoPs – L143 on asbestos (consolidation of 2 ACoPs)
  6. 6. Other non-legislative action by HSE Appeal panel – http://www.hse.gov.uk/contact/challenge-panel.htm Myth busters – http://www.hse.gov.uk/Myth/myth-busting/index.htm
  7. 7. Action on local authorities Primary authority Inspection plans Enforcement code – http://www.hse.gov.uk/lau/national-la-code.pdf
  8. 8. In the pipeline The Deregulation Bill – The self employed “exemption” – The “promotion of growth” duty The Business Taskforce “Cut EU red tape” – Abolish the requirement for small businesses to keep written records of risk assessments – Relax the requirements for the employment of young people
  9. 9. Fallout Comprehensive Spending review – cut HSE budget by 2014/5 by 35% – HSE is struggling to maintain frontline numbers FFI: – Won’t plug the gap – Has demoralised swathes of experienced inspectors who have left Prosecutions – Have remained constant over last 5 years
  10. 10. Corporate Manslaughter Nikki Hutchins nicola.hutchins@bllaw.co.uk
  11. 11. Corporate Manslaughter & Homicide Act 2007 An organisation is guilty of an offence … if the way in which its activities are managed or organised:a) b) Causes a person’s death; and Amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased” An organisation is guilty only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach
  12. 12. Senior Management “The Persons who play significant roles in i. ii. The making of decisions about how the whole or a substantial part of the organisation’s activities are to be managed or organised; or The actual managing or organising of the whole or a substantial part of the activities”
  13. 13. Relevant Duty Of Care The relevant duty of care is one already owed under the law of negligence A question of law to be determined by the Judge, making any findings of fact necessary to decide that question Employer and occupier duties
  14. 14. Gross Breach The conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of that organisation in the circumstances Falls to jury to decide if gross breach The jury must consider whether the evidence shows that the organisation failed to comply with any Health & Safety legislation that relates to alleged breach, and if so: a. How serious that failure was b. How much risk of death it posed
  15. 15. Jury Factors The jury may also: a. Consider the extent to which evidence shows there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure,…. or to have produced tolerance of it b. Have regard to any Health & Safety guidance that relates to the alleged breach
  16. 16. Sentencing Guidelines Corporate Manslaughter and Health & Safety offences causing death : In force 15 February 2010 Factors likely to affect seriousness Factors to afford mitigation A fixed correlation between the fine and either turn over or profit is not appropriate Corporate Manslaughter – seldom less than £500,000 and may be measured in £1,000,000’s Health & Safety offences causing death – seldom less than £100,000
  17. 17. Investigations Police have primacy : HSE or fire authority advice Reference to the CPS Special Casework Unit Very complex investigations Pre April 2008 evidence The story so far 5 cases already decided Companies small and director owned and managed Directors charged under Section 37 5 other cases where charges have been announced
  18. 18. Case Study
  19. 19. The Good News The prospects of being subject to an investigation can be much reduced by: – Effective risk management for effective risk assessment, mismanagement and risk review systems – Enforcement of systems – Adopting best practice and guidance HSG65 Plan-Do-Check-Act IOD/HSE “Leading Health and Safety at Work” – Acceptance of Health & Safety responsibilities at all levels – Leadership from the top – Planning
  20. 20. Blake Lapthorn’s in-house lawyer and decision makers’ forum Health and Safety : the changing legal landscape John Mitchell, Partner john.mitchell@bllaw.co.uk Nikki Hutchins nicola.hutchins@bllaw.co.uk
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×