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.
“The European Union data privacy landscape is about to undergo dramatic change, with lasting enterprise wide implications for the way that organisations handle, protect and use the personal data of EU individuals.
Organisations of all sizes, across all industries, and geographies that process personal data of EU residents need to take steps now to comply with the new EU General Data Protection Regulation by 2018, to satisfy management fiduciary duties
and avoid potentially costly penalties.”
#FIRMday Manchester Autumn 2017 - The General Data Protection Regulation (GDP...Emma Mirrington
On 25th May 2018 the business landscape and particularly that of recruitment will change forever. The General Data Protection Regulation (GDPR) comes into force. The power imbalances that exist today between companies and individuals will be evened out through a suite of increased rights for individuals in terms of the use of their personal data, reinforced by a range of sanctions that could put financial burden and reputational consequences onto those businesses that show a lack of respect towards privacy. Lucy Kendall of ComplyGDPR will explore what this means for recruitment activities and how you can protect your business from the things that do go wrong.
This week, Europe's data protection rules will undergo their largest reform in several decades. The General Data Protection Regulation (GDPR) is set to replace the Data Protection Directive, effective as of May 25, 2018.
“The European Union data privacy landscape is about to undergo dramatic change, with lasting enterprise wide implications for the way that organisations handle, protect and use the personal data of EU individuals.
Organisations of all sizes, across all industries, and geographies that process personal data of EU residents need to take steps now to comply with the new EU General Data Protection Regulation by 2018, to satisfy management fiduciary duties
and avoid potentially costly penalties.”
#FIRMday Manchester Autumn 2017 - The General Data Protection Regulation (GDP...Emma Mirrington
On 25th May 2018 the business landscape and particularly that of recruitment will change forever. The General Data Protection Regulation (GDPR) comes into force. The power imbalances that exist today between companies and individuals will be evened out through a suite of increased rights for individuals in terms of the use of their personal data, reinforced by a range of sanctions that could put financial burden and reputational consequences onto those businesses that show a lack of respect towards privacy. Lucy Kendall of ComplyGDPR will explore what this means for recruitment activities and how you can protect your business from the things that do go wrong.
This week, Europe's data protection rules will undergo their largest reform in several decades. The General Data Protection Regulation (GDPR) is set to replace the Data Protection Directive, effective as of May 25, 2018.
MTBiz is for you if you are looking for contemporary information on business, economy and especially on banking industry of Bangladesh. You would also find periodical information on Global Economy and Commodity Markets.
Signature content of MTBiz is its Article of the Month (AoM), as depicted on Cover Page of each issue, with featured focus on different issues that fall into the wide definition of Market, Business, Organization and Leadership. The AoM also covers areas on Innovation, Central Banking, Monetary Policy, National Budget, Economic Depression or Growth and Capital Market. Scale of coverage of the AoM both, global and local subject to each issue.
MTBiz is a monthly Market Review produced and distributed by Group R&D, MTB since 2009.
This keynote will present an argument as to why the Queensland provisions may not represent the best starting proposition for drafting the offence provisions around the country, explore the impact upon the rest of the penalties regime under health and safety laws (in particular the categories of offences), provide insights into manslaughter cases before the courts, outline the relevant recommendations of the Boland Review released in 2019 and discuss the ramifications of industrial manslaughter offences for health and safety in practice. The keynote will provide an overview of recommended future directions for systems and processes in industry as organisations and their officers look to respond to these legal developments.
Contact us to get all year round protection 24-hours a day and 365 days a month. Get a team of expert Crime Lawyer to represent you at Police Stations, Crown Courts, Magistrate Courts and at Appeal Courts. For more information, visit www.duncanlewis.co.uk
Assessing Impacts – Methodology in Practice, Cara MaguireOECD Governance
Presentation by Cara Maguire, Regulatory Improvement Committee, United Kingdom, at the Workshop on the Elaboration and Evaluation of RIA at sub-national Level, Cuernavaca Morelos, Mexico, 11-12 November 2014, Session 5. Further information is available at http://www.oecd.org/gov/regulatory-policy/
The draft proposed sentencing guidelines for health and safety offences will inevitably increase penalties and a recent case highlights the need for employers including school governing bodies to be vigilant in respect of health and safety.
GDPR is the most significant change to data protection in a generation and an imminent global issue that will dominate data privacy, management and regulation discussions in 2017. According to recent research, over half of businesses lack preparedness for GDPR. With a quarter of the EU’s grace period over and with fines of up to €20 million (or 4% of global turnover), there is a lot at stake for companies falling behind the May 2018 deadline. So, where do you start?
Join renowned information security consultant and GDPR expert, Brian Honan, along with Tim Erlin, Senior Director, Security and IT Risk Strategist at Tripwire as they walk you through the essential steps to accelerate your GDPR preparedness.
In this session you will learn:
• The key facts about the GDPR regulations
• The implications of the new rules and how they will impact your business
• Practical steps your business can take to prepare
• How your existing security frameworks (ISO/NIST/CSC) can help set the foundation
• How Tripwire can help
The Walter Lilly case - some harsh lessons learnt - construction update semin...Blake Morgan
Richard Wade from Blake Morgan talked about The Walter Lilly case and the lessons learnt at Blake Morgan and Rund's Construction update seminar on 5 November 2014 in Southampton.
MTBiz is for you if you are looking for contemporary information on business, economy and especially on banking industry of Bangladesh. You would also find periodical information on Global Economy and Commodity Markets.
Signature content of MTBiz is its Article of the Month (AoM), as depicted on Cover Page of each issue, with featured focus on different issues that fall into the wide definition of Market, Business, Organization and Leadership. The AoM also covers areas on Innovation, Central Banking, Monetary Policy, National Budget, Economic Depression or Growth and Capital Market. Scale of coverage of the AoM both, global and local subject to each issue.
MTBiz is a monthly Market Review produced and distributed by Group R&D, MTB since 2009.
This keynote will present an argument as to why the Queensland provisions may not represent the best starting proposition for drafting the offence provisions around the country, explore the impact upon the rest of the penalties regime under health and safety laws (in particular the categories of offences), provide insights into manslaughter cases before the courts, outline the relevant recommendations of the Boland Review released in 2019 and discuss the ramifications of industrial manslaughter offences for health and safety in practice. The keynote will provide an overview of recommended future directions for systems and processes in industry as organisations and their officers look to respond to these legal developments.
Contact us to get all year round protection 24-hours a day and 365 days a month. Get a team of expert Crime Lawyer to represent you at Police Stations, Crown Courts, Magistrate Courts and at Appeal Courts. For more information, visit www.duncanlewis.co.uk
Assessing Impacts – Methodology in Practice, Cara MaguireOECD Governance
Presentation by Cara Maguire, Regulatory Improvement Committee, United Kingdom, at the Workshop on the Elaboration and Evaluation of RIA at sub-national Level, Cuernavaca Morelos, Mexico, 11-12 November 2014, Session 5. Further information is available at http://www.oecd.org/gov/regulatory-policy/
The draft proposed sentencing guidelines for health and safety offences will inevitably increase penalties and a recent case highlights the need for employers including school governing bodies to be vigilant in respect of health and safety.
GDPR is the most significant change to data protection in a generation and an imminent global issue that will dominate data privacy, management and regulation discussions in 2017. According to recent research, over half of businesses lack preparedness for GDPR. With a quarter of the EU’s grace period over and with fines of up to €20 million (or 4% of global turnover), there is a lot at stake for companies falling behind the May 2018 deadline. So, where do you start?
Join renowned information security consultant and GDPR expert, Brian Honan, along with Tim Erlin, Senior Director, Security and IT Risk Strategist at Tripwire as they walk you through the essential steps to accelerate your GDPR preparedness.
In this session you will learn:
• The key facts about the GDPR regulations
• The implications of the new rules and how they will impact your business
• Practical steps your business can take to prepare
• How your existing security frameworks (ISO/NIST/CSC) can help set the foundation
• How Tripwire can help
The Walter Lilly case - some harsh lessons learnt - construction update semin...Blake Morgan
Richard Wade from Blake Morgan talked about The Walter Lilly case and the lessons learnt at Blake Morgan and Rund's Construction update seminar on 5 November 2014 in Southampton.
Blake Lapthorn's London Pensions conference 19 March 2014Blake Morgan
On Wednesday 19 March 2014, Blake Lapthorn's Pensions team hosted its London Pensions conference - 'The State of Pensions'. The team were joined by Ed Tomlinson of SEI and Kevin Wesbroom of Aon Hewitt. Speakers brought delegates up to date with recent and future developments and demonstrated ways in which some of the current and future challenges can be met.
Blake Lapthorn's green breakfast with the Environment BankBlake Morgan
On Wednesday 4 December, Blake Lapthorn's climate change team hosted a green brekfast ith Dr. Tom Tew, Chief Executive of the Environment Bank. Tom talked about the role of bio-diversity off setting.
Blake Lapthorn green breakfast with BRE globalBlake Morgan
On Tuesday 3 December, Blake Lapthorn's climate change team hosted a green breakfast seminar. Guest speaker Chris Cousins of BRE Global, talked about sustainable building for a Green future.
Blake Lapthorn green breakfast with Dr. Barbara Hammond of the Osney Lock Hyd...Blake Morgan
On Wednesday 20 November 2013, Blake Lapthorn's climate change team hosted a green breakfast seminar. Guest Speaker Dr. Barbara Hammond, talked about the high profile and long awaited, first community owned micro hydro scheme on the upper Thames.
Blake Lapthorn green breakfast with The Green Blue - 19 November 2013Blake Morgan
On Wednesday 19 November 2013, Blake Lapthorn's Climate Change team hosted a green breakfast seminar titled 'Influencing change in the UK leisure marine sector', with guest speakers Jane Swan and Dan Reading of The Green Blue.
Blake Lapthorn's green breakfast with guest speaker Keeran Jugdoyal, Faithful...Blake Morgan
On Wednesday 13 November 2013, Blake Lapthorn's climate change team hosted a green breakfast seminar. Guest speaker Keeran Jugdoyal, Mechanical Engineering Manager at Faithful+Gould, talked about the lessons his company has learnt about the end use of sustainable buildings.
Blake Lapthorn green breakfast with URS GlobalBlake Morgan
On Wednesday 6 November 2013, Blake Lapthorn's climate change hosted a green breakfast seminar. Guest Speaker Robert Spencer, Business Line Director - Sustainability at URS Infrastructure & Environment UK Ltd, talked about integrating eco system services and Natural Capital considerations into business planning and strategy.
Blake Lapthorn green breakfast with Seacourt Printing Ltd - 16 October 2013Blake Morgan
On Wednesday 16 October 2013, Blake Lapthorn's Climate Change team hosted a green breakfast seminar. Guest speaker Gareth Dinnage, Managing Director of Seacourt Printing, talked about his companies move from being a standard 'dirty' printer to the first closed loop, Zero Waste, printing company in the world.
Blake Lapthorn green breakfast with Rapanui - 18 September 2013Blake Morgan
On wednesday 18 September 2013 Blake Lapthorn's Climate Change team hosted a green breakfast seminar titled Eco-fashion for the green consumer, with guest speaker Mart Drake-Knight of Rapanui.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
Blake Lapthorn Academies conference, Southampton - 18 June 2013Blake Morgan
Blake Lapthorn's Education team hosted a summer conference for Academy schools and those looking to convert to academy status. The conference provided guidance and advice with the guest speaker being Zenna Atkins, former head of Ofsted.
Blake Lapthorn green breakfast with Mike Putnam, Skanska UK - 8 May 2013Blake Morgan
On Wednesday 8 May 2013 Blake Lapthorn's Climate Change team hosted a green breakfast seminar. Guest speaker Mike Putnam, President and CEO of Skanska UK, talked about his companies 'Journey to Deep Green'.
Blake Lapthorn and Hays Recruitment - Auto-enrolment seminar - 25 April 2013Blake Morgan
Blake Lapthorn and Hays Recruitment held a joint seminar focusing on the choices, costs and strategic opportunities of auto enrolment on 25 April 2013 at Blake Lapthorn's Oxford office.
Blake Lapthorn and Hays Recruitment - Auto-enrolment seminar - 25 April 2013
Blake Lapthorn's In-House Lawyer and Decision Makers' forum - 'Health & Safety: the changing legal landscape'
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
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. New legislation
Defence costs
Fee for intervention
Abolition of strict liability in compensation cases
Injury reporting
Consolidation and repeal of various specialist
regulations
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. 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. Action on local authorities
Primary authority
Inspection plans
Enforcement code
– http://www.hse.gov.uk/lau/national-la-code.pdf
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. 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
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. 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. 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. 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. 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. 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. 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
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. 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