Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    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

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    HSE ENFORCEMENT WEEKLY UPDATE 19th SEPT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

    Read the rest of this article »

    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

    Read the rest of this article »

    Posted on 5th September 2018

    SCHOOL STAFF LACKED ASBESTOS AWARENESS TRAINING

    Council fined £200k over asbestos flue and gasket rope failures

    Read the rest of this article »

    Posted on 5th September 2018

    INCIDENT: MEWP OVERTURN IN CITY CENTRE

    Images show aftermath of mobile elevating platform collapse

    Read the rest of this article »

    Posted on 5th September 2018

    SAFETY ALERT: DEFECTIVE SCAFFOLD COUPLER

    National Access and Scaffolding Confederation issues warning

    Read the rest of this article »

    Posted on 31st August 2018

    DEMOLISHING INTERNAL WALL REVEALED ASBESTOS

    Firm lacked survey and asbestos management plan for premises

    Read the rest of this article »

    Posted on 31st August 2018

    NEW HEALTH AND SAFETY TEST FOR ARCHITECTS

    RIBA raise the bar for members on design risk management and ‘life safety’

    Read the rest of this article »

    Posted on 31st August 2018

    POWER BUSINESSES FAILED ON LIFTING OPERATION

    Panel fell on workman during turbine maintenance project

    Read the rest of this article »

    Posted on 31st August 2018

    MAJOR INFRASTRUCTURE FIRM COMMITS TO ZERO HARM

    Behaviours to deliver zero lost time injury incident rate by 2021

    Read the rest of this article »

    Posted on 31st August 2018

    MANAGING TOWER CRANE FALLING OBJECT RISK

    CPA issues new technical information note

    Read the rest of this article »

    Posted on 31st August 2018

    POST EXPLOSION ASBESTOS WORK WAS UNSAFE

    Asbestos cement panels removed and cut with power tools

    Read the rest of this article »

    Posted on 31st August 2018

    FALL THROUGH UNFLOORED FACTORY ROOF SPACE

    Non-routine tasks require assessment and clear risk controls

    Read the rest of this article »

    Posted on 31st August 2018

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic