Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

JOINT VENTURE SAFETY LIABILITY

Implications of Buncefield judgment for construction joint ventures

Shoosmiths solicitors have highlighted implications for joint ventures (JVs) following the High Court judgment on civil liability in the Buncefield Oil Terminal explosion case.

It is argued that “the judgment has implications for practitioners in terms of health and safety cases, civil liability and commercial/contractual drafting.”

Advice is provided on practical JV management issues in relation to health and safety practices, as well as operating structure. Shoosmiths suggest:

  • JV companies need to make clear who is operating the site. This must be clear and consistent in all documentation and communication and represent what happens in practice;
  • there should be clear written instructions for JV operations, even for operations thought to be ‘routine’. The paperwork needs to be in good order;
  • JV companies that wish to assign the health and safety responsibilities to the joint venture company must have appropriate policies in place, clearly setting out both the arrangements and responsibility for health and safety and ensure they are implemented;
  • The court will always looks to see who had ‘actual control’, and therefore any policy that sets out the tasks and duties needs to be a genuine reflection of what actually happens on the ground.

Latest Construction Health and Safety News

FIRMS FINED £2M OVER FALLING PIPE FATALITY

Incorrect stacking of pipes triggered fall and crushing of workman

Read the rest of this article »

Posted on 20th April 2018

DOMESTIC PROJECT PC HANDED JAIL TERM

Workman fell from unprotected roof edge on dormer extension

Read the rest of this article »

Posted on 20th April 2018

MAJOR CONTRACTOR ERRED ON FRAGILE ROOF RISK

Firms fine £965,000 after painter fell through waiting room roof

Read the rest of this article »

Posted on 19th April 2018

HSE ENFORCEMENT UPDATE 19th APRIL 2018

hselogo1Prosecutions and enforcement notices update and analysis

Read the rest of this article »

Posted on 19th April 2018

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th April 2018

NEW BIM SPEC FOR SHARING H&S INFORMATION

Specification for sharing health and safety info during construction projects

Read the rest of this article »

Posted on 17th April 2018

MANAGERS FORGED ASBESTOS DOCUMENTATION

Removal licence obtained using fake training and medical certificates

Read the rest of this article »

Posted on 17th April 2018

FINE OVER INCORRECT AND MISLEADING SURVEY

Specialist asbestos company failed to detect AIB on demolition project

Read the rest of this article »

Posted on 17th April 2018

IGNORING HSE ADVICE PENALISED BY LARGE FINE

Contractor fined over £50k for persistent WAH and welfare failings

Read the rest of this article »

Posted on 17th April 2018

PRISON OVER BASEMENT EXCAVATION AND COLLAPSE

Building contractor jailed after house collapsed in Brighton

Read the rest of this article »

Posted on 17th April 2018

DEFEATING POWER INTERLOCK CAUSED FLASHOVER

Systems for managing electrical safety found to be inadequate

Read the rest of this article »

Posted on 17th April 2018

LADDER SAFETY FAILURES ATTRACT MASSIVE FINE

National window firm left workers to ‘own devices’

Read the rest of this article »

Posted on 12th April 2018

FALLING MATERIAL STRUCK WORKMAN IN EXCAVATION

Risks of working in and near excavations highlighted by incident

Read the rest of this article »

Posted on 4th April 2018

HSE ENFORCEMENT WEEKLY UPDATE 4th APRIL 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 4th April 2018

HOUSING ASSOCIATION FAILED ON VIBRATION RISK

Assessment, management and health surveillance all found wanting

Read the rest of this article »

Posted on 3rd April 2018

OCCUPIER AND CONTRACTOR FINED OVER FALL

Employee assisting contractor fell through roof during re-roofing project

Read the rest of this article »

Posted on 3rd April 2018

HSE FEARFUL OF GROWING ’BLUE TAPE’ BURDEN

hselogo1ISO 45001 could generate fresh business to business demands

Read the rest of this article »

Posted on 3rd April 2018

HSE ENFORCEMENT WEEKLY UPDATE 21st MAR 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th March 2018

INCIDENTS: PASSER-BY STRUCK BY BRICKS

Pack of bricks appear to have fallen from crane

Read the rest of this article »

Posted on 28th March 2018

HSE RECONSIDER HOW TO INFLUENCE SMALLER FIRMS

hselogo1Regulator advice and messages are failing to chime with the SME businesses

Read the rest of this article »

Posted on 27th March 2018

DANGEROUS REMOVAL OF ASBESTOS CEMENT

Workers smashed asbestos sheets with crowbars whilst at risk of falling

Read the rest of this article »

Posted on 27th March 2018

HSE LAUNCH CONIAN SHARING AND SUPPORT PLATFORM

hselogo1New HSE web community now open to the public

Read the rest of this article »

Posted on 27th March 2018

FIRM FAILING ON HAVS SURVEILLANCE FINED £50,000

Door manufacturer failed to manage sanding and buffing tool vibration

Read the rest of this article »

Posted on 27th March 2018

PRE-CAST FIRM FINED OVER FINGER AMPUTATION

Lack of guarding and training triggered table saw injury

Read the rest of this article »

Posted on 26th March 2018

HSE STRIKE BEFORE A FALL ON SOLAR PANEL PROJECT

Director and company pay price for lack of fall prevention precautions

Read the rest of this article »

Posted on 26th March 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access