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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

    PRISON SENTENCE FOR IGNORING HSE PROHIBITION

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    Posted on 15th June 2019

    FIRM FAILED ON SILICA RISK MANAGEMENT

    Dust exhaust ventilation, RPE and health surveillance all absent

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    Posted on 14th June 2019

    WOMAN DIED TRAPPED IN POWERED ROLLER DOOR

    Firm did not check the operation of the safety sensors

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    Posted on 12th June 2019

    HSE TO HELP DITCH ‘UNNECESSARY PAPERWORK’

    Board considers forthcoming HSE guidance on navigating H&S rules

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    Posted on 12th June 2019

    SCAFFOLDER DIED IN FALL THROUGH FRAGILE ROOF

    Contractor given prison term and main contractor fined

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    Posted on 12th June 2019

    ENERGY BUSINESS FINED OVER LIFTING FATALITY

    Firm failed to train in lorry mounted crane remote control risk

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    Posted on 12th June 2019

    HSE ENFORCEMENT DATABASE LATEST UPDATE

    hselogo1View current online register of HSE prosecutions and enforcement notices

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    Posted on 12th June 2019

    MAJOR FIRM FINED £800K OVER LIFTING ERRORS

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    Posted on 7th June 2019

    NEW APPROACH TO HIGHWAYS HEALTH AND SAFETY

    Highways England launches ‘Home Safe and Well’ strategy

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    Posted on 5th June 2019

    EXCLUSION ZONE ABSENT DURING LIFTING OPERATION

    Builder given prison term after timber falls on three year old girl

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    Posted on 5th June 2019

    GAS FITTER JAILED OVER UNSAFE WORK

    Homeowners misled and put at risk by rogue gas fitter

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    Posted on 5th June 2019

    CDM 2015 CLIENT FINED OVER ASBESTOS FAILINGS

    Homes development company and director fined

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    Posted on 4th June 2019

    CONSTRUCTION PROJECT FATALITIES FALLING

    HSE fatality records for 2018/19 indicate significant reduction in deaths

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    Posted on 4th June 2019

    ALERT: REINFORCED AERATED CONCRETE PLANKS

    Structural Safety body issues alert over recent failure

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    Posted on 3rd June 2019

    HSE CONSTRUCTION HEALTH RISKS INITIATIVE 2019

    Regulator visits to focus on asbestos, RCS, wood and other dusts

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    Posted on 3rd June 2019

    TWO DEFENDANTS HANDED PRISON TERMS OVER FALL

    Company, two directors and contractor sentenced

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    Posted on 3rd June 2019

    WORKMAN INJURED WHEN STEEL FELL FROM FORKLIFT

    Lifting not properly planned, supervised and carried out safely

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    Posted on 1st June 2019

    LOLER INSPECTIONS LATE AND RESULTS IGNORED

    Granite supplier failed to inspect lifting equipment and take action

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    Posted on 31st May 2019

    SUPPLIER OF FLOORING ADHESIVE FINED £500,000

    Floor layer died after being overcome by dichloromethane vapour

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    Posted on 30th May 2019

    WALL COLLAPSED ON DOMESTIC PROJECT CLIENT

    Sole trader builder sentenced to 120 hours community service

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    Posted on 27th May 2019

    CONCRETE PUMP FLAILING LINE CAUSED DEATH

    Hose whipped violently when blockage cleared under pressure

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    Posted on 27th May 2019

    FRAGILE ROOF FALL DEATH ATTRACTS NOMINAL FINE

    Volunteer fell through roof of football club stand

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    Posted on 27th May 2019

    FARMER FINED OVER FATAL FALL THROUGH ROOF

    Valley gutter cleaning from ladder ends in death of contractor

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    Posted on 20th May 2019

    FIRM FAILED TO ‘ENGAGE’ WITH HSE INSPECTORS

    Company and director omitted to take action on Improvement Notices

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    Posted on 20th May 2019

    HOME BUILDER FAILED TO MANAGE STEEL INSTALL

    Workman struck by steel beam and seriously injured

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    Posted on 20th May 2019
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