COMPASS CONFERENCE
Next Friday (26 November) sees the third annual Compass Chambers
Conference at The Balmoral Hotel in Edinburgh. As last year, there are
two regulatory crime seminars:
Peter Gray QC and Dr Alistair Brown present an introductory seminar on the Bribery Act 2010,
offering practitioners a practical guide to the provisions of this
significant and unusual legislation. Meanwhile, Jamie Gilchrist QC and
Barry Smith will be leading a Regulatory Crime Update seminar, with an emphasis on recent trends in sentencing law and practice.
To book your place at this event please complete and return the booking form by
clicking here
(you will be re-directed to the Compass Chambers website).
H&S SENTENCING ROUND-UP
Asda fined £4,000
At Falkirk Sheriff Court on 9 November, Asda Stores Ltd was fined
£4,000 for a breach of section 2 of the HSWA. At the earlier
trial diet the crown, having led evidence from the complainer (who
amputated his right thumb in bakery machinery), conceded that no causal
connection between the breach and the complainer’s injury could
be established. Asda then tendered a plea on that basis, which had in
fact been offered and rejected early in proceedings. The sheriff
applied a discount of 20%.
School teacher fined £20,000 for section 7 breach
On 29 October, following trial at Liverpool Crown Court, John
Summerfield, a former head-teacher at a Merseyside school was fined
£20,000 and ordered to pay over £22,000 in costs, in
respect of the breach of section 7 of the HSWA. He was found guilty of
failing to protect the health & safety of his pupils when he
allowed them on to the roof of the school on the day of their A-level
results. One pupil suffered serious injuries when he fell 2.5 metres
through a roof light.
Compass Regulatory Members:
Peter Gray QC
Andrew Smith QC
Mark Stewart QC
Gary Allan QC
Jamie Gilchrist QC
David Sheldon
Barry Divers
Steve Love
Susan Duff
Graeme Middleton
Amber Galbraith
Barry Smith
Yvonne Waugh
Compass Clerking Contacts:
Irene Mackenzie
Michelle Williamson
Grace Moran
To view previous
Bulletins:
January 2009
February 2009
April 2009
June 2009
September 2009
November 2009
March 2010
May 2010
September 2010
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COMPREHENSIVE REVIEW OF HEALTH AND SAFETY LAW IN THE UK
Lord Young of Graffham was asked by the Prime Minister, whilst in
opposition, to carry out a review of health and safety law in Britain.
The Prime Minister saw a need for a review to consider what he saw as a
worrying rise in a compensation culture which was damaging to
businesses and an over bureaucratic system of health and safety
extending to low risk activities which was perceived by the public as
ridiculous.
The terms of reference were:
“To investigate and report back to the Prime Minister on the rise
of the compensation culture over the last decade coupled with the
current low standing that health and safety legislation now enjoys and
to suggest solutions. Following the agreement of the report, to work
with appropriate departments across government to bring the proposals
into effect."
The publication of Lord Young’s report in October this year has
been widely welcomed by employers, trades unions and the HSE.
Lord Young stated his aim is “to free businesses from unnecessary
bureaucratic burdens and the fear of having to pay out unjustified
damages claims and legal fees. Above all it means applying common sense
not just to compensation but to everyday decisions once again.”
His recommendations fall into 12 categories including:
Low Risk Workplaces such as classrooms, offices and
shops, by simplifying the risk assessment procedures and having the HSE
create simpler interactive risk assessments that are available on its
website.
Raising Standards by professionalising health and
safety consultants with a qualification requirement that all
consultants should be accredited to professional bodies and
establishing a web based directory of accredited health and safety
consultants.
In education, simplifying the process that schools and similar
organisations undertake before taking children on trips and introducing
a single consent form for all activities a child may undertake during
school.
Local Authorities who ban events on health and safety grounds should put their reasons in writing.
Health and safety legislation - the current raft of regulations should be consolidated into a single set of accessible regulations.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 - Amending these Regulations by extending to seven days the period before an injury or accident needs to be reported.
Combining food safety and health and safety inspections
by combining food safety and health and safety inspectors in local
authorities and making mandatory local authority participation in the
Food Standards Agency’s Food Hygiene Rating Scheme, where
businesses serving or selling food to the public will be given a rating
of 0 to 5 which will be published in an online database in an open and
standardised way.
Police and fire services Police officers and
firefighters should not be at risk of investigation or prosecution
under health and safety legislation when engaged in the course of their
duties if they have put themselves at risk as a result of committing a
heroic act.
Adventure training - abolishing the Adventure Activities Licensing Authority and replace licensing with a code of practice.
The review contains implementation milestones at Annex M and the HSE
has already begun working on the development of online risk assessments
and the setting up of an Occupational Safety Consultants Register
(OSCR) in January 2011.
Perhaps interestingly, in the main, negative comments about the review
focus on the recommendation to restrict the operation of referral
agencies and personal injury lawyers and control the volume and type of
advertising. Some see this as denying access to justice. Priority
measures on the Conduct Rules for claim management companies are to be
introduced in April next year. These rules are likely to come under
considerable scrutiny.
To read Lord Young’s review in full, follow the link:
http://www.number10.gov.uk/wp-content/uploads/402906_CommonSense_acc.pdf
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Compass Chambers