Category Standard of care
NEW HSE GUIDANCE ON MANAGING AND WORKING WITH ASBESTOS
The Health and Safety Executive have produced new guidance on Managing and Dealing with Asbestos. The HSE specifically cite the Lofstedt Report in their explanation of the changes. The HSE press release is at http://www.lawgazette.co.uk/analysis/comment-and-opinion/relief-from-sanctions-more-tough-action/law/court-of-appeal-cites-mitchell-to-refuse-relief/5039209.article The approved Code of Practice can be found at http://www.hse.gov.uk/pubns/books/l118.htm?ebul=hsegen&cr=4/23-dec-13
HEALTH AND SAFETY GUIDANCE TO LOCAL AUTHORITIES
There is a useful series of guidance notes dealing with health and safety for local authorities. Amongst other things they deal with the risks to young people on work experience, see http://content.govdelivery.com/accounts/UKHSE/bulletins/94546d
KEOGHS DISCUSSION OF EFFECTS OF ERRA: ARE THE REGULATIONS STILL RELEVANT?
There is a client briefing by Keoghs on the effect of the ERRA at http://www.keoghs.co.uk/Liability-AWARE/Employers-liability-claims-and-the-ERR-Act One interesting aspect of the discussion is the statement that the Regulations cannot be relevant to the issue of negligence. Keoghs state: “Some commentators argue that breach of statutory duty can still be pleaded as evidence of negligence and the standards […]
DWF: CAREFUL ANALYSIS OF EFFECT OF ERRA
DWF have a careful analysis of the potential effect of the ERRA at http://www.dwf.co.uk/news/legal-updates/employers-liability-and-the-enterprise-and-regulatory-reform-act-2013 THE DIRECTIVES AND EMANATIONS OF THE STATE One particular matter of interest (and where I am not sure I agree with them) is the point in relation to a direct cause of action under the Directives against a defendant that is an […]
NEW HEALTH & SAFETY EXECUTIVE CODE OF PRACTICE FOR WORKPLACES
The Health and Safety Executive have produced a new Code of Practice dealing with workplaces. It is supplementary to the Workplace (Health, Safety and Welfare) Regulations 1992. With the abolition of the action for breach of statutory duty the guidance given in these Codes provide material as to the standards to which employers should be […]
ARTICLE ON EFFECT OF ERRA BY SIMON ALLEN IN LAW SOCIETY GAZETTE
Simon Allen’s article uses an example from a recent case to highlight the changes brought into play by the ERRA. The article can be found here http://www.lawgazette.co.uk/law/legal-updates/reasonable-foreseeability/5038527.article Simon concludes: “The period of statutory protection provided to UK workers that began with the health and safety regulations in 1992, and ended with the ERRA, may in time […]
RISK ASSESSMENTS & ACCIDENTS AT WORK: LAWYERS NEED TO GET PRACTICAL KNOWLEDGE: YOUR GUIDE TO HOW & WHERE.
Several posts on this blog have highlighted the continuing importance of the risk assessment in looking at accidents at work after the ERRA. Here we look at the key importance of risk assessments; the importance of a detailed knowledge for all litigators involved in this area of litigation and the practical guides that will provide […]
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
PERSONAL INJURY: LIABILITY AND DAMAGES 