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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

    WORKMAN FELL FROM UNSECURED LADDER

    Industrial cladding company failed to assess and control WAH

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    Posted on 18th January 2019

    SCAFFOLDER FELL THROUGH FRAGILE ROOFLIGHT

    Fall through roof leaves workman with life-changing injuries

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    Posted on 18th January 2019

    ARM DRAGGED INTO CONVEYOR BELT DANGER

    Workman seriously injured on first day at work in quarry

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    Posted on 16th January 2019

    ROOF TRUSSES TOPPLED TRAPPING WORKMAN

    Principal contractor failed to plan, manage and monitor project

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    Posted on 16th January 2019

    SCAFFOLDING AWARENESS TRAINING FOR ALL

    CISRS set to target painters, bricklayers, electricians and plumbers

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    Posted on 16th January 2019

    HSE ENFORCEMENT DATABASE REMAINS OFFLINE

    hselogo1Access to HSE prosecutions and notices register mysteriously unavailable

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    Posted on 15th January 2019

    POOR LIFT MAINTENANCE CLAIMED LIFE OF CHILD

    Affordable housing business and contractor fined over £1.5m

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    Posted on 15th January 2019

    NEW CPA CRANE SAFETY GUIDANCE ISSUED

    Guide covers use of mobile lifting appliances beside railways

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    Posted on 14th January 2019

    RIBA CONDEMNS RISKIER PROCUREMENT OUTCOMES

    Holistic focus on safety is required and not just cost cutting

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    Posted on 8th January 2019

    DIRECTOR JAILED OVER PAINT STRIPPER ILLEGAL SALE

    Banned and restricted chemicals sold contrary to legal requirements

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    Posted on 5th January 2019

    CLIENT FAILED TO PROCURE ASBESTOS SURVEY

    Demolition work released large quantities of asbestos fibres

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    Posted on 2nd January 2019

    LIVE WORKING IGNITED CLOTHES OF ELECTRICIAN

    Spanner came into contact with live terminal causing life-changing burns

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    Posted on 31st December 2018

    WORKMEN FELL FROM ‘BIN’ ATTACHED TO EXCAVATOR

    Premature removal of scissor lift prompted unsafe system of work

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    Posted on 31st December 2018

    MANY SITES FAIL HSE HEALTH RISK CONTROL TEST

    HSE Construction site ‘blitz’ finds breaches at 43% of site visits

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    Posted on 31st December 2018

    MAKESHIFT FALL ARREST SYSTEM CAUGHT ON CAMERA

    Contactors fined for using harness not attached to suitable anchor

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    Posted on 31st December 2018

    HYDRAULIC RAM SEVERED HAND OF WORKMAN

    Major contractor failed to follow own policies and procedures

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    Posted on 31st December 2018

    ALL WORK AREAS NOT INCLUDED IN ASBESTOS SURVEY

    Company fined after asbestos containing materials were released

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    Posted on 31st December 2018

    FESTIVE GREETINGS TO ALL OUR READERS

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    Posted on 18th December 2018

    POSITIVE STORY ON FRAGILE SURFACE HAZARDS

    Major roofing contractor testifies to working from below roof

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    Posted on 18th December 2018

    LEISURE CENTRE USER FELL ILL AFTER SHOWER USE

    Legionella risk assessment and control measures found wanting

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    Posted on 18th December 2018

    STONE CUTTING MACHINE GUARDS FAILED HSE TEST

    Precautions taken following HSE enforcement fell into disuse

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    Posted on 18th December 2018

    ROOFWORK CREATED CARBON MONOXIDE RISK

    Falling rubble damaged and blocked home chimney flue

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    Posted on 18th December 2018

    HSE SAFETY ALERT: TOWER CRANE BRAKES

    Collapse of tower crane jib in high winds prompts HSE warning

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    Posted on 11th December 2018

    VISITING ENGINEER CRUSHED BY SCAFFOLD TUBES

    Principal contractor “signed off” contractor storage arrangements

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    Posted on 11th December 2018

    CONCRETE EJECTED BY PUMPING UNIT CLAIMED LIFE

    Company and director failed to train and supervise pumping operations

    Read the rest of this article »

    Posted on 5th December 2018
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