• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    NEW CIVIL SANCTIONS FOR ENVIRONMENT AGENCY

    Hazardous waste and water offences face new tough civil sanctions 

    From 4 January 2011, the Environment Agency (EA) have been able to use six new civil sanctions. The new sanctions available under the Regulatory Enforcement and Sanctions Act 2008 have not replaced current enforcement tools but the EA expect that they will use be used for hazardous waste, water resources and packaging waste offences committed in England after 6 April 2010 and in Wales after 15 July 2010.

    The EA must apply the criminal standard of proof (beyond all reasonable doubt) to determine whether an offence has been committed. The six new types of civil sanction are:

    1. Compliance Notice – actions to comply with the law, or to return to compliance, within a specified period;
    2. Restoration Notice – steps to be taken to restore the environment from harm caused by non-compliance;
    3. Fixed Monetary Penalty – a low level fine imposed for a specific minor offence and fixed at £100 for an individual or £300 for a company;
    4. Enforcement Undertaking – an offer, formally accepted by the EA, to take steps that would make amends for non-compliance and its effects. A business can set out how it proposes to remedy matters which if accepted become a legally binding voluntary agreement;
    5. Variable Monetary Penalty – a proportionate monetary penalty which the Regulator may impose for a more serious offence. The fine can be no higher than the maximum amount allowed by statute for the relevant offence and must not exceed £250,000; and
    6. Stop Notice – an immediate stop to activity causing serious harm or presenting a significant risk of causing serious harm.

    The EA will be able to take legal action in respect of any non-payment of monetary penalties. They may also prosecute for non-compliance with any restoration or stop notices and may recover the costs of the investigation or legal advice.

    Comment

    HSE has not adopted these new powers under the Regulatory Enforcement and Sanctions Act 2008 for use regarding H&S offences.

    The HSE position is that the health and safety regime is “mature with no significant gaps in the powers regulators can exercise now” and that it has sufficient powers to ensure that:-

    • duty holders take action to deal with immediate risks;
    • promote and achieve sustained compliance with the law; and
    • ensure that duty holders who breach health and safety requirements are held to account.

    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

    CDM REGULATIONS 2015: GUIDES AND TEMPLATES

    Summary of our advice and tools to aid CDM 2015 compliance

    Read the rest of this article »

    Posted on 21st April 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

    Read the rest of this article »

    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

    Read the rest of this article »

    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

    Read the rest of this article »

    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

    Read the rest of this article »

    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

    Read the rest of this article »

    Posted on 30th March 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

    Read the rest of this article »

    Posted on 24th February 2020

    HSE TO OVERSEE NEW BUILDING SAFETY REGIME

    Government to deliver biggest change in building safety for a generation

    Read the rest of this article »

    Posted on 21st January 2020

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 20th December 2019

    SELECTED NEWS POSTED RECENTLY ON TWITTER

    PP Construction Safety logo and link to home page [1]Links to other construction health and safety related news reports

    Read the rest of this article »

    Posted on 18th November 2019

    HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT

    Council Inspectors focus on CDM client duties – asbestos, fragility and RCS

    Read the rest of this article »

    Posted on 14th November 2019

    HSE WELDING FUME REVISED GUIDANCE PUBLISHED

    New research evidence on cancer link prompts revision on welding fume

    Read the rest of this article »

    Posted on 14th November 2019

    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 October 2019

    HSE RISK REDUCTION THROUGH DESIGN AWARD

    Regulator seeks to promote hazard avoidance and risk minimisation

    Read the rest of this article »

    Posted on 18th October 2019

    HSE START PROJECT HEALTH RISK INTERVENTIONS

    Regulator set to check health risks assessed and controls in place

    Read the rest of this article »

    Posted on 30th September 2019

    AIF NATIONAL WORKING AT HEIGHT CONFERENCE

    HSE Construction Head to speak at Access Industry Forum conference

    Read the rest of this article »

    Posted on 23rd September 2019

    NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK

    New calculator includes “cautious estimates” for common tools

    Read the rest of this article »

    Posted on 23rd September 2019

    IMPROVING CDM DESIGNER HAZARD AWARENESS

    Research explores power of “multi-media digital tool” for design hazards

    Read the rest of this article »

    Posted on 27th August 2019

    DEMOLITION FEDERATION ON RECENT INCIDENTS

    NFDC ‘statement of awareness’ follows unplanned collapses

    Read the rest of this article »

    Posted on 27th August 2019

    RAISING COMPETENCE AND MAKING BUILDINGS SAFER

    Life-safety-critical disciplines urged to act on Interim Report

    Read the rest of this article »

    Posted on 27th August 2019

    BUILDING WORKS COMPROMISED GAS SAFETY

    Company and director fined after work created risk to residents

    Read the rest of this article »

    Posted on 27th August 2019

    HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019

    AIF National Working at Height Conference November 2019

    Read the rest of this article »

    Posted on 6th August 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 23rd July 2019

    CONSIDERING TEMP WORKS IN PERMANENT DESIGN

    Useful overview for civil and structural engineers on contemporary practice

    Read the rest of this article »

    Posted on 23rd July 2019
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data