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			March 2010

		A time for Directors to step up to their duty?

	Following our November editorial the issue of directors duties has again reared its (ugly – as some directors would say) head in the form of a private members Bill tabled by Frank Doran, Labour MP for Aberdeen North. Although we have not been able to see the text of the Bill, speaking in the House of Commons on 19 January 2010, Mr Doran said that the purpose of his Bill was to put directors on the same footing as all employers in imposing positive obligations on them to ensure the safety and health of their employees. This has been a well debated subject and we are not going to dredge up all of the same old arguments (you can see our November editorial) but are Mr Doran’s efforts in vain considering the political climate he is operating in? This is election year and anything that seeks to impose further duties on directors will not be welcomed and is a sure fire vote loser. This coupled with the restrictions of the Parliamentary timetable means that, even with a successful First Reading in the Commons, achieving the agreement of Parliament in sufficient time to make the Bill law will be no mean feat. There is also the argument that legislation imposing positive duties on directors may not have the impact intended. Like the Corporate Manslaughter and Corporate Homicide Act 2007 which has been in force since 6 April 2008, the hype has not yet been backed up with results, with only one prosecution having been brought under the legislation to date. Many say that this prosecution is one that would have been brought using the old laws in any event, questioning the efficacy of the legislation and whether there was a hole to fill in the first place. HSE has been quite clear that it will not re-visit this issue until it has assessed the efficacy of the joint guidance devised between it and the Institute of Directors, which although voluntary has been adopted by many organisations. With a second reading of the Bill tabled in the Commons for 23 April 2010 we will keep you up to date. In this issue: Stop Press! – Trial for first prosecution for corporate manslaughter adjourned until the Autumn The trial in the case of Cotswold Geotech started on 23 February 2010 at Bristol Crown Court but came to an abrupt end when the Judge ordered an adjournment. More... Government announcement on pleural plaques On 25 February 2010 the government announced its position on the issue of compensation for those suffering with pleural plaques. More... To risk assess or to not risk assess pregnant workers The Employment Appeal Tribunal (EAT) has held in the case of O’Neill v Buckinghamshire County Council that there is no general duty for an employer to carry out a risk assessment on pregnant workers in the absence of evidence of a health and safety risk unless they satisfy three criteria: More... Sentencing guideline on corporate manslaughter and health and safety offences causing death is published The Sentencing Guidelines Council (SGC) has published its final guideline on sentencing in corporate manslaughter and health and safety offences which cause death. The guideline will apply to any sentences imposed after 15 February 2010. More... Stonemasons have long term lung damage William Anelay Limited of York has been fined Ł30,000 and ordered to pay Ł6,000 costs after two of its employee stonemasons were found to have long term lung damage from the exposure to silica, which the company had identified as a hazard 14 years earlier. More... Consultation launched on sick workers fund The Department for Work and Pensions (DWP) has launched a consultation on the establishment of an Employers’ Liability Insurance Bureau (ELIB) which would enable injured employees to obtain compensation where an employer’s insurer cannot be traced. More... HSE load safety initiative The HSE has launched an initiative to tackle the problem of loads being inadequately secured when being transported on vehicles. More... Rare prosecution by fire service In a rare prosecution brought under the Regulatory Reform (Fire Safety) Order 2005, Publicana Limited was fined Ł15,000 following pleading guilty to four fire safety offences. More... Section 6 prosecution of crane company Rossendale Group Limited, has pleaded guilty to health and safety offences after one if its cranes failed resulting in a 1.8t load being dropped, narrowly missing a crane operator. More... Occupational health – standards of performance The Faculty of Occupational Medicine (FOM) has published standards of performance for occupational health services which will form the basis of a voluntary accreditation system to be developed over the next 12 months. More... Contacts We hope you find this update both informative and interesting. If you wish to discuss any of the items raised in this month’s briefing, or require specific assistance please do not hesitate to contact a member of the team. Health and Safety Team Partners Crispin Kenyon 020 7903 5780 ck@vizardswyeth.com Fiona East 020 7903 5670 fme@vizardswyeth.com David Johnson 020 7903 5793 dj@vizardswyeth.com Want to send this newsletter to a friend? Click here The information contained within this Newsletter is for general guidance only and represents our understanding of Health and Safety law and practice. Vizards Wyeth cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be taken on any individual matter. If you no longer wish to receive these updates, please click here and you will be removed from our mailing list. © Copyright Vizards Wyeth 2010 Picture © Oleksandr Tkachenko - Fotolia.com

In this issue: Stop Press! - Trial for first prosecution for corporate manslaughter adjourned until the Autumn Government announcement on pleural plaques To risk assess or to not risk assess pregnant workers Sentencing guideline on corporate manslaughter and health and safety offences causing death is published Stonemasons have long term lung damage Consultation launched on sick workers fund HSE load safety initiative Rare prosecution by fire service Section 6 prosecution of crane company Occupational health – standards of performance