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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Thanks for your question. The Corporate Manslaughter and Corporate Homicide Act applies equally to Northern Ireland as it does to the rest of the UK (the only exception is Scotland, where it is called Corporate Homicide). Similarly, the Driving Regulaitons also apply equally to Northern Ireland. Therefore, companies based in Northern Ireland have the same duties and are bound by the same laws as their counterparts in the rest of the UK mainland. I hope this answers your question. For more information Workplace Law has published two reports recently on these subjects, which you might find useful. See the info centre for more details.
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
In answer to your query, provided the vehicle travels only within the UK, and doesn't carry dangerous goods, there is no requirement under health and safety legislation for vehicles to carry fire extinguishers. Different laws apply in Europe, and all vehicles must be fitted with safety equipment in countries such as France and Spain.
If the vehicle is to carry dangerous goods, furher information on the requirement for fire extinguishing equipment can be found on the HSE website, at http://www.hse.gov.uk/cdg/manual/crew.htm#fireext. I hope this helps.
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
The Corporate Manslaughter and Corporate Homicide Act 2007 doesn't just apply to employees but everybody to whom a duty of care is owed - this includes patients, members of the public, visitors etc. Although there are some exemptions, patients in NHS trusts will indeed fall under this legislation.
The recently published Corporate Manslaughter and Corporate Homicide Act: Special Report includes all the information you need to answer your question, and more, and includes a whole section on how the Act will specifically apply to Local Authorities.
Follow this link for more information:
http://www.workplacelaw.net/news/display/id/13879
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Workplace Law’s Guide to Smoking Ban 2007 states the following regarding smoking in company cars:
"Vehicles are included in the smoke-free legislation. The ban on vehicles will affect businesses with company and pool cars as well as businesses providing transport to members of the public. Responsibility for ensuring compliance with the legislation rests with the driver or manager of the vehicle.
Vehicles to which the Act applies are as follows:
• Any vehicle which is enclosed; this means having a roof.
• Any vehicle used by any member of the public.
• Any vehicle used for work by more than one person.
A vehicle used for work includes voluntary work and includes any vehicle that is used by individuals at different times.
It does not include private vehicles used primarily for the owner’s own use but used occasionally for work purposes or to transport members of the public. This means it is still possible to smoke in a vehicle that is used privately and is used occasionally to give lifts to friends and colleagues.
Company cars are affected by the legislation if they are used by more than one person. If, for example, a car belongs to a fleet of cars or vans that are used by a number of employees, it will be required to be smoke-free under the legislation."
Therefore, it would be reasonable to presume that, provided each car is only ever used by the allocated employee, there is no need for no-smoking stickers to be displayed. I hope this answers your question. The Guide to Smoking Ban 2007 includes all of the information you need to know under the new no-smoking legislation; details can be found at http://www.workplacelaw.net/shop/product/id/579
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
As of April 2008 all commercial buildings over 500m² that are being sold or rented need an EPC and as of October 2008 newly constructed buildings regardless of size need an EPC. However, new energy performance building regs will apply to new buildings and large buildings (over 1000 square metres) where there are major renovations. It is the responsibility of the landlord or property manager to make sure the building has an energy certificate.
Energy certificates are only required when a building is being sold or let, so you will not require a certificate for your building until your lease has expired.
Workplace Law Network has now published its Energy Performance of Buildings 2008: Special Report, which explains in detail the subject of Energy Performance Certificates, as well as other important issues concerning energy-efficiency of buildings. Written by experts in the field, this special report is indispensable advice for anyone concerned with the energy performance of the building they manage. For more information see http://www.workplacelaw.net/shop/product/id/607
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Please use the link below for information on the provision of disabled toilets. This should answer your questions.
http://www.workplacelaw.net/display.php?resource_id=9028
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Workplace Law has been informed by a source close to the investigation that the alleged site of the Legionella outbreak was a Rusian port, and the contamination did not originate on the boat itself. Further updates will be provided when there is more news.
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Philip
Workplace Law's Data Protection Policy and Procedure document v.3.0 partially covers this issue, from the perspective of recording phone calls made by employees. In the policy, it states clearly that data may be collected via various mediums, including telephone and email. Having a separate data policy may inform your employees to a greater extent than simply mentioning it in the handbook.
How to notify customers that their calls may be recorded is not really an issue that is covered by Workplace Law's remit. Perhaps other members have advice on what businesses specifically need to tell their customers about call recording?
Workplace Law is currently producing a new policy and procedure on the issue of employee privacy, and 'stop and search'. This covers the wider issue of sensitive information, and data protection. Please check in the Policies and Procedures templates section for further updates.
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Sean Elson, senior associate at Pinsent Masons adds:
"This is good news for the UK, which after all has one of, if not the, best workplace safety record in Europe. The judgment is welcome as if this had been lost there may have been a need for a revision of health and safety laws in this country - potentially with an absolute, no fault liability on employers. The law will remain essentially as it is - unless Europe decide to look again at the issue in subsequent directives. The decision of R v. HTM remains very important for employers as it has widened to a degree the scope of the exception to what is otherwise an absolute duty.
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Julian,
David Wright, solicitor at Kennedy?s gave his opinion on the ECJ ruling to Workplace Law today:
?My suspicion is that as far as the short term is concerned, and by ?short term? I mean years rather than weeks (bear in mind the fact that the Commission?s attack on reasonable practicability dates back ten years), no changes will be required or effected to the relevant provisions of UK health and safety legislation. All the indications from the Government and the HSC/E to date suggest that they have no wish to alter the status quo and they indeed have cited its results, in terms of the UK?s comparatively impressive safety record, in support of the existing legal framework and reasonable practicability?s place within it.?
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
Sue
A guide to the CDM regulations is one of several new titles in Workplace Law's 'Guide to' series which we are currently working on, and aim to publish soon. This will be an electronic downloadable guide, explaining the legislative issues involved. I will let you have more details as soon as they are available.
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