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    LEGAL ISSUES H&S OFFENCES ACT

    Health and Safety Offences Act legal challenge inevitable

    Law firm DWF believe it is ‘inevitable’ that the new Health and Safety Offences Act coming into force on 16 January 2009 will be subject to legal challenge. The DWF Head of Regulatory argues that:

    ” by making imprisonment an option for many offences, what was once considered a breach of regulations will become a criminal matter. The Act amends the existing Health and Safety at Work Act 1974. It raises the maximum penalties which can be imposed by lower court from £5k to £20k, increases the range of offences for which an individual may be imprisoned and makes certain offences, which are currently only triable in the lower courts, triable in both lower and higher courts.  The way the health and safety law works is that in many circumstances people are presumed guilty unless they can prove their innocence. In the case of Regina v Janway Davies in 2003, the Court of Appeal decided that this reverse burden of proof could be justified, in part because health and safety offences were not ‘truly criminal’ in nature. Given that one of the justifications for this decision has arguably disappeared, I believe that a challenge is inevitable.”

    Latest Construction Health and Safety News

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    Posted on 20th September 2018

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    Welder fell 3m from mezzanine area through purlin openings

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    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

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    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

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    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

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    Posted on 19th September 2018

    HSE ENFORCEMENT WEEKLY UPDATE 19th SEPT 2018

    hselogo1Prosecutions and enforcement notices register latest version

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    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

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    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

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    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

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    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

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    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

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    Posted on 5th September 2018

    SCHOOL STAFF LACKED ASBESTOS AWARENESS TRAINING

    Council fined £200k over asbestos flue and gasket rope failures

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    Posted on 5th September 2018

    INCIDENT: MEWP OVERTURN IN CITY CENTRE

    Images show aftermath of mobile elevating platform collapse

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    Posted on 5th September 2018

    SAFETY ALERT: DEFECTIVE SCAFFOLD COUPLER

    National Access and Scaffolding Confederation issues warning

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    Posted on 31st August 2018

    DEMOLISHING INTERNAL WALL REVEALED ASBESTOS

    Firm lacked survey and asbestos management plan for premises

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    Posted on 31st August 2018

    NEW HEALTH AND SAFETY TEST FOR ARCHITECTS

    RIBA raise the bar for members on design risk management and ‘life safety’

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    Posted on 31st August 2018

    POWER BUSINESSES FAILED ON LIFTING OPERATION

    Panel fell on workman during turbine maintenance project

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    Posted on 31st August 2018

    MAJOR INFRASTRUCTURE FIRM COMMITS TO ZERO HARM

    Behaviours to deliver zero lost time injury incident rate by 2021

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    Posted on 31st August 2018

    MANAGING TOWER CRANE FALLING OBJECT RISK

    CPA issues new technical information note

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    Posted on 31st August 2018

    POST EXPLOSION ASBESTOS WORK WAS UNSAFE

    Asbestos cement panels removed and cut with power tools

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    Posted on 31st August 2018

    FALL THROUGH UNFLOORED FACTORY ROOF SPACE

    Non-routine tasks require assessment and clear risk controls

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    Posted on 31st August 2018

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

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    Posted on 17th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

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    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

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    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

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    Posted on 9th August 2018
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