With the pressures of the recession continuing to bite on business and HSE reminding us of their aims for the future in their new strategy, is this a good time for your business to review its approach to health and safety?

Research on small construction firms commissioned by HSE has shown that many small businesses have a good awareness of health and safety and how to safeguard their workers. However, the research also shows that small businesses do not listen to messages from HSE, believing them to be unrealistic and inflexible, preferring to glean good practice from their peers who are doing the same jobs and face the same challenges.

So is this something which HSE should be worried about - probably not. If we think back to the Robens Report published in 1972, which went on to form the basis of the HSWA 1974, it talked about those who create risks being best placed to manage them. It called for the establishment of a flexible, non prescriptive system where goals and principles were underpinned by codes of practice and guidance.

Industry were the ones tasked with achieving health and safety outcomes through a proportionate, targeted and risk based approach they themselves had formulated. Any regulatory body should merely act as the “stick” when things went wrong.

However, our coverage of prosecutions this month reminds us that this self regulating ideal may be some way off, as, at best, some employers do not understand their obligations to their employees, and, at worst, others still have little respect for their workers lives. The prosecutions in relation to workplace smoking and confined spaces illustrate gross failures by employers to take care, even though both employers had previous warnings or accidents of the same nature.

Ongoing failures of some businesses to take responsibility for the health and safety of their workers has necessitated the introduction of recent legislative “sticks” which have moved health and safety up the agenda in UK board rooms. The Health and Safety (Offences) Act 2008 and the Corporate Manslaughter and Corporate Homicide Act 2007 are designed to ensure that those who are most culpable cannot avoid punishment and that the penalties fit the crime.

With harsher penalties now being available to the Courts for those who breach health and safety law it is a good time for industry to review their health and safety practices to ensure that their workers are properly protected. It is not so much a case of can we afford to review our safety procedures but can we afford not to?

HSE has issued a new warning about the dangers of working in confined spaces to all industries following the prosecution of Bodycote HIP Limited who pleaded guilty and fined £533,000 and £200,000 costs following the death of two of its employees. More...

Workplace smoking can seriously damage your wealth - Company director fined for workplace smoking

Martin Lenehan, Operations Director at Metric Scaffolding Ltd, has been prosecuted for smoking in his office following complaints from fellow members of staff. More...

Three sunny days and a thunderstorm? HSE asked to review the dangers of working in high temperatures

In our July edition we reported that the TUC had called on HSE to set a maximum workplace temperature limit to protect workers working in extreme heat.More...

Taxing times ahead for construction subbies as the Government consults on proposed new "self-employment" rules for the construction industry

The Government is currently consulting on new rules which could result in construction workers being deemed to be employed rather than self employed. More...

Between 1 September and 31 December 2009, HSE are running their annual ladder exchange initiative. More...

The High Court has ruled that children born with birth defects including webbed hands and missing fingers was a result of toxic waste being improperly managed by Corby Borough Council during the reclamation of the Corby British Steel plant. 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.

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.


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		A time for review?

	With the pressures of the recession continuing to bite on business and HSE reminding us of their aims for the future in their new strategy, is this a good time for your business to review its approach to health and safety? Research on small construction firms commissioned by HSE has shown that many small businesses have a good awareness of health and safety and how to safeguard their workers. However, the research also shows that small businesses do not listen to messages from HSE, believing them to be unrealistic and inflexible, preferring to glean good practice from their peers who are doing the same jobs and face the same challenges. So is this something which HSE should be worried about - probably not. If we think back to the Robens Report published in 1972, which went on to form the basis of the HSWA 1974, it talked about those who create risks being best placed to manage them. It called for the establishment of a flexible, non prescriptive system where goals and principles were underpinned by codes of practice and guidance. Industry were the ones tasked with achieving health and safety outcomes through a proportionate, targeted and risk based approach they themselves had formulated. Any regulatory body should merely act as the “stick” when things went wrong. However, our coverage of prosecutions this month reminds us that this self regulating ideal may be some way off, as, at best, some employers do not understand their obligations to their employees, and, at worst, others still have little respect for their workers lives. The prosecutions in relation to workplace smoking and confined spaces illustrate gross failures by employers to take care, even though both employers had previous warnings or accidents of the same nature. Ongoing failures of some businesses to take responsibility for the health and safety of their workers has necessitated the introduction of recent legislative “sticks” which have moved health and safety up the agenda in UK board rooms. The Health and Safety (Offences) Act 2008 and the Corporate Manslaughter and Corporate Homicide Act 2007 are designed to ensure that those who are most culpable cannot avoid punishment and that the penalties fit the crime. With harsher penalties now being available to the Courts for those who breach health and safety law it is a good time for industry to review their health and safety practices to ensure that their workers are properly protected. It is not so much a case of can we afford to review our safety procedures but can we afford not to? In this issue: First Corporate Manslaughter Prosecution We reported in our April edition on the first prosecution under the Corporate Manslaughter Act 2007 against Cotswold Geotechnical Holdings Limited. More... HSE publishes research on small construction firms Recently published HSE commissioned research has shown that many small construction firms do not believe that they need to improve their health and safety. More... Massive fine imposed after two lives lost in confined space incident HSE has issued a new warning about the dangers of working in confined spaces to all industries following the prosecution of Bodycote HIP Limited who pleaded guilty and fined £533,000 and £200,000 costs following the death of two of its employees. More... Workplace smoking can seriously damage your wealth - Company director fined for workplace smoking Martin Lenehan, Operations Director at Metric Scaffolding Ltd, has been prosecuted for smoking in his office following complaints from fellow members of staff. More... Three sunny days and a thunderstorm? HSE asked to review the dangers of working in high temperatures In our July edition we reported that the TUC had called on HSE to set a maximum workplace temperature limit to protect workers working in extreme heat.More... Agency workers face discrimination and poor treatment There are concerns that the Government will gold plate the Agency Workers Directive which is due to be implemented by 5th December 2011. More... Taxing times ahead for construction subbies as the Government consults on proposed new "self-employment" rules for the construction industry The Government is currently consulting on new rules which could result in construction workers being deemed to be employed rather than self employed. More... HSE ladder exchange initiative Between 1 September and 31 December 2009, HSE are running their annual ladder exchange initiative. More... Corby reclamation works blamed for children's birth defects The High Court has ruled that children born with birth defects including webbed hands and missing fingers was a result of toxic waste being improperly managed by Corby Borough Council during the reclamation of the Corby British Steel plant. More... New health and safety regulation for offshore renewables (aka windfarms) HSE has identified the renewable energy sectors as one of those to be targeted for the future. More... Cooking up a storm? New HSE pages for the catering industry HSE has revamped its safety pages for the catering industry which can be accessed here. More... Swine flu - Update We reported in our August edition the precautions you should take to lower the risk of your employees contracting swine flu and what to do when an employee has suspected swine flu. 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 2009 Picture © laurent hamels - Fotolia.com

In this issue: First Corporate Manslaughter Prosecution HSE publishes research on small construction firms Massive fine imposed after two lives lost in confined space incident Company director fined for workplace smoking HSE asked to review the dangers of working in high temperatures Agency workers face discrimination and poor treatment Government consults on proposed new "self-employment" rules for the construction industry HSE ladder exchange initiative Corby reclamation works blamed for children's birth defects New health and safety regulation for offshore renewables New HSE pages for the catering industry Swine flu - Update


			September 09