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Briefings

Briefings provide in-depth research into specific subjects and major topics within the areas of health and safety, human resources and the environment to help you gain a better understanding of the main issues.

Topics include CDM guidance, fire safety, absence management, Employment Tribunals and environmental management systems.

Briefings are written by Workplace Law consultants and industry experts.

Each briefing is fully downloadable from the Workplace Law website as a PDF.



Environmental civil sanctions: the enforcement powers of the Environment Agency


Date:
3 Jan 2011

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Criminal law has not always allowed flexibility in enforcement of environmental legislation. In some instances, regulators have been forced to choose between issuing warning letters and cautions at one level, and taking criminal proceedings at another. This has often led to an imbalance in enforcement whereby criminal law has not been flexible enough to deal proportionally with offences, or ensure fines adequately cover the costs of non-compliance.

However, further to a review about the effectiveness of regulation, civil sanctions regulations have been introduced to provide environmental regulators with a more flexible and balanced set of tools to deal with environmental offences.

On 4 January 2011, the Environment Agency in England and Wales gained new enforcement powers, known as civil sanctions, which it can use against companies that flout environmental laws. Heralded as a more flexible approach towards enforcement, this briefing looks at what these sanctions mean for employers.

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