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    CORPORATE MANSLAUGHTER GUIDANCE

    Crown Prosecution Service publish manslaughter guidance

    The Crown Prosecution Service has published comprehensive legal guidance on the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH), how it relates to the HSW Act 1974 and the approach adopted by the Police and HSE during the investigation of possible offences.

    Comment: CMCH does not create a new offence. However, the advice from government is that organisations should (1) take the opportunity to think again about how risks are managed and be satisfied that systems and processes for managing health and safety are adequate; (2) ensure compliance with current health and safety laws in light of guidance “Leading health and safety at work – Leadership Actions for Directors and Board Members” and; (3) where necessary seek guidance on health and safety duties and how to meet them.

    Police and HSE investigators will now be required to explore some searching and wide-ranging questions when investigating construction industry fatal accidents including:

    1. How well were the activities of the organisation managed or organised?
    2. Did the attitudes, policies, systems or accepted practices encourage failure or produce tolerance of it?
    3. Did any failure arise from a substantial failure at a senior level in the organisation? 
    4. How well did the organisation meet guidance produced by HSE?
    5. Were current H&S management systems reviewed after CMCH came into force?

    These questions will take fatal accident investigations into challenging territory at senior levels and it is therefore vital that all organisations undertake the 3 key actions listed above.

    Latest Construction Health and Safety News

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

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    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

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    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

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    Posted on 30th March 2020

    FRAGILE ROOF REPLACEMENT PUT WORKERS IN DANGER

    Measures to prevent falling from or through the roof were missing

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    Posted on 30th March 2020

    WORKMAN FELL FROM EDGE OF MEZZANINE FLOOR

    Edge protection was absent and workman untrained for the task

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    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

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    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

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    Posted on 30th March 2020

    LATEST HSE CONVICTIONS AND NOTICES REGISTERS

    hselogo1View current online HSE registers of prosecution convictions and notices

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    Posted on 30th March 2020

    POORLY DESIGNED SCHOOL GATE CRUSHED CHILD

    Sliding gate over-run mechanism proved insufficiently robust

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    Posted on 9th March 2020

    POWER GENERATOR PROSECUTED OVER UNSAFE SYSTEM

    Maintenance workers seriously injured when energy suddenly released

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    Posted on 2nd March 2020

    CEILING BELOW SAVES WORKMAN IN ROOFLIGHT FALL

    Roofworker fell through roof after stepping on fragile rooflight

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    Posted on 2nd March 2020

    INEXPERIENCED WORKER FELL THROUGH OPENING

    No physical protection or warning of opening and fragile covering

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    Posted on 29th February 2020

    CDM PRINCIPAL DESIGNER IN COURT OVER FIRE RISK

    Designers and contractor prosecuted for risk management failings

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    Posted on 29th February 2020

    PRISON SENTENCE FOR RECALCITRANT DIRECTOR

    Prohibition and improvement notices ignored and danger persisted

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    Posted on 26th February 2020

    TEMPORARY WORKS HOARDING FELL ON PEDESTRIAN

    Member of the public struck when site fence collapsed suddenly

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    Posted on 26th February 2020

    CHILD FATALLY INJURED BY UNSECURED POLE

    Pole stored on embankment moved and trapped boy against fencing

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    Posted on 26th February 2020

    OWNER RESPONSE TO HSE INSPECTION ENDED IN COURT

    Police uphold HSE right to inspect without threats, aggression or abuse

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    Posted on 24th February 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

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    Posted on 24th February 2020

    CONTRACTOR FAILED TO REPLACE MISSING PROTECTION

    Painter and decorator fractured hip in fall from landing

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    Posted on 18th February 2020

    RISK OF DERMATITIS SUFFICIENT FOR PROSECUTION

    Company failed to implement controls and surveillance required by COSHH

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    Posted on 18th February 2020

    COSHH FAILINGS CAUSE ASTHMA AND PROVE COSTLY

    Uncontrolled exposure to isocyanates during paint spraying operations

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    Posted on 18th February 2020

    POLICE EMPLOYEE SHOCKED BY DATA CABLE WORK

    South Wales Force fined over electric shock from ceiling void cable

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    Posted on 18th February 2020

    COLLAPSE OF PUMP SET TRAPPED WORKMAN

    Unsafe system of work transferring from pallet to a raised platform

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    Posted on 18th February 2020

    MODIFIED PODIUM STEPS CAUSE FALL FROM HEIGHT

    Firm failed to select and correctly assemble with necessary training

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    Posted on 14th February 2020
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