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    LEGAL ISSUES ‘REASONABLY PRACTICABLE’

    House of Lords soon to rule on HSW Act ‘reverse burden’ duty

    Later this month the House of Lords is scheduled to hear a case raising an important issue on what regulators have to show in order to bring proceedings for breaches of HSW Act Sections 2 and 3 regarding employees and non-employees respectively. The case of R v Chargot Ltd & Others involves a death at work caused by an overturning dumper truck on a construction project in 2003. HSE prosecuted and two companies plus a director were fined heavily but appealed. The appeal was rejected.

    The main issue before the House of Lords concerns the reverse burden of proof under HSW Act Section 40. Under this section where there is a duty to do something ‘so far as is reasonably practicable’, it is for the accused, rather than the prosecution, to show that it was not reasonably practicable to do more than was in fact done to satisfy the duty. Solicitors DLA Piper present, in their SHE Matters – Autumn 2008, a useful summary of the arguments involved and the implications for HSW Act offences, directors and investigations under Corporate Manslaughter Act 2007.

    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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