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.

This article was posted on 9th May 2009 in ALL LATEST NEWS, LAW, REGULATION.
PP Construction Safety H&S Assistance and Consultancy service.

Construction Health & Safety News, Advice and Information from PP Construction Safety

JOINT VENTURE SAFETY LIABILITY

Implications of Buncefield judgment for construction joint ventures

Latest Construction Health and Safety News

HSE ENFORCEMENT DATABASE LATEST UPDATE

View current online register of HSE prosecutions and enforcement notices

FALL PRECAUTIONS FELL BETWEEN TWO FIRMS

Contractors fined after workers at risk of falling from roof

SOLAR PANEL FIRM AWARE OF FRAGILE ROOF RISK

Workman suffered long-term injuries in 4m fall through rooflight

HSE PROSECUTE FIRM OVER RISK NOT HARM

Multiple safety failings land construction company in court

CLIENT AND CONTRACTOR FACED COURT TOGETHER

Firms breached joint duty to plan and carry our work at height safely

£1M FINE OVER DEATH CAUSED BY EXCAVATOR

Vehicle driver found guilty at trial alongside CDM Principal Contractor

CHILD DIED WHILST PLAYING ON POWERED GATE

Lack of end stop caused gate to fall on 6 year old boy

HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019

AIF National Working at Height Conference November 2019

UK CLIENT FINED OVER UNSAFE OVERSEAS FIRM

Italian contractor found guilty despite failure to attend court

COMPLETE FAILURE TO RECOGNISE HAVS RISK

Specialist drilling company and director sentenced over HAVS danger

PC AND TWO OTHERS FAILED TO ASSESS WIND EFFECT

Fall of director from roof caused by ‘Storm Doris’ gust

MAJOR FIRM FINED £400k OVER LIFTING OPERATION

Fitter loses four fingers as load slides and falls to the ground

NEW HOMES LEFT IN DANGEROUS CONDITION

Fined for unsafe gas work causing fires at housing development

FIRM FINED £1M OVER EXPLOSION DURING CLEANING

Tank cleaning operation caused burns as flammable vapours ignited

YOUNG BRICKLAYER FELL THROUGH OPEN STAIRWAY

Firm fined over failure to install fall protection around opening

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

FLAT ROOF FAILED UNDER WEIGHT OF WORKMAN

Confusion over fragility proves costly for worker and business

PROPERTY FIRM FINED OVER FATAL FALL FROM TREE

Untrained workers using chain saw engaged to fell large sycamore

LANDLORD PUT PUBLIC AT RISK FROM ASBESTOS

Powered jet washing of asbestos cement sheets caused spread

WORKMAN FELL FROM SUSPENDED ACCESS EQUIPMENT

Health Board and maintenance firm director prosecuted

CONSIDERING TEMP WORKS IN PERMANENT DESIGN

Useful overview for civil and structural engineers on contemporary practice

FIRM FAILED TO COMPLY WITH SITE WELFARE NOTICE

Basic welfare requirements found wanting for second time

PRISON TERM OVER POORLY GUARDED CIRCULAR SAW

Workman lost three fingers using machine without guard and riving knife

COMPANY IGNORED HSE ON SILICA DUST ACTION

Worktop manufacturer failed to control dust and manage ventilation

ASBESTOS REMOVED WITHOUT SURVEY OR CONTROLS

Client fined over failure to commission refurb and demo survey

News Archives