Monthly Archives: October 2013
SLIPS & TRIPS: HEALTH AND SAFETY EXECUTIVE GUIDANCE
The guidance given by the HSE is likely to be more important in post ERRA litigation. 1. Guidance on slips and trips both general, and in relation to specific industries, can be found at http://www.hse.gov.uk/slips/ 2. The latest bulletin on slips, trips and falls from height can be found at http://uk-mg-bt.mail.yahoo.com/neo/launch?.partner=bt-1&.rand=1fa7efpihe51o#mail
LOSING AN ARM AND A LEG: UNGUARDED MACHINERY AFTER THE ERRA
Much of the discussion about the impact of the ERRA has focused upon strict liability for defective work equipment. However the provisions of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 provided for strict liability when a claimant came into contact with dangerous part of machinery. How has this been affected […]
RISK ASSESSMENTS AND HEALTH AND SAFETY IN THE HEALTH & CARE SECTORS
Previous posts have set out the significance of risk assessments in post ERRA litigation. The HSE has recently produced new guidance on risk assessment specifically on the care sector. http://www.hse.gov.uk/healthservices/sensible-risk-assessment-care-settings.htm?ebul=gd-healthsocial&cr=2/oct13 There is also a revised edition of Health and Safety standards for those working in the NHS which can be located at http://www.nhsemployers.org/Aboutus/Publications/Pages/workplace-health-safety-standards.aspx
DUTIES TO PREGNANT WOMEN AND NEW MOTHERS: THE SMALL ELEMENT OF CIVIL LIABILITY FOR BREACH OF STATUTORY DUTY THAT REMAINS.
There is one, very small, element of civil liability for breach of statutory duty that remains. Here we look at the action for breach of duties owed to pregnant women and breastfeeding mothers. The exceptions are limited but practitioners need to be aware of them. I am grateful to Cenric Clement-Evans of New Law […]
BUT WHAT ABOUT EUROPE? EUROPEAN LAW AND EMPLOYER’S LIABILITY AFTER THE ERRA
There has been some debate about the effect of European law upon the changes made by the ERRA 2013. I have to say that it is difficult to come to a concluded view. These matters will start to become relevant very soon. There are a number of steps I recommend to practitioners: (1) Read the […]
CONSTRUING THE ERRA: GUIDANCE IN THE LOFSTEDT REPORT AND THE GOVERNMENT RESPONSE
Whilst we are still in the early days of the ERRA it is worthwhile looking back at the original Lofstedt report and the Government response. There is a useful link to all of these at https://www.gov.uk/government/publications/reclaiming-health-and-safety-for-all-lofstedt-report The subsequent progress report is at https://www.gov.uk/government/publications/reclaiming-health-and-safety-for-all-lofstedt-report-a-review-of-progress-one-year-on
INTERESTING ON-LINE DISCUSSION ON EFFECT OF ERRA
There is an interesting article/report of talk and consequent on-line discussion at http://jamierclarke.wordpress.com/2013/09/24/7-days-to-go-before-farewell-to-civil-actions-for-breach-of-duty-revision-to-s-47-hsw-act-74-by-erract-in-force-from-11013-at-talk-to-pibarassoc-last-night/ The tenacious debate as to the effect of European law is particularly worth reading.
RISK ASSESSMENTS AFTER THE ERRA: BITE SIZED VERSION
The previous post on this topic contained the case law in some detail. This post is a slimmed down version of the main points. 1. THE NATURE OF THE DUTY TO RISK ASSESS Regulation 3 of The Management of Health and Safety at Work Regulations 1999 imposes a duty upon employers and the self employed […]
THE DUTY TO RISK ASSESS AND COMMON LAW DUTY AFTER 1st OCTOBER 2013
The previous post looked at the residual importance of the Regulations made under the Health and Safety Act 1974 now that civil liability for breach of those Regulations has been abolished. One central duty imposed by the Regulations is the duty to risk assess. This post: 1. Looks at the nature of the duty to […]
PERSONAL INJURY: LIABILITY AND DAMAGES 