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Accidents and injury Law - Workplace Law Network

Audio

Simon Toseland comments on new HSE statistics
New figures published by the HSE show that the number of people injured and made unwell at work has continued to fall but there has been an increase in the number of fatalities at work. Simon Tose... | audio | 7 Nov 2011 9:05AM

Reaction to sentencing in the first-ever Corporate Manslaughter case
Kevin Bridges, Partner at Pinsent Masons, who acted on behalf of Cotswold Geotechnical Holdings Ltd in the first-ever Corporate Manslaughter case, talks to Workplace Law about the verdict and the s... | audio | 18 Feb 2011 5:09PM

Briefing

Pre-travel risk assessments
Despite great strides in communication technology, business travel has not lost its appeal and in 2010 over 3.5 million employees undertook overseas trips. One quarter of the overseas trips underta... | briefing | 19 Aug 2011 11:15AM

RIDDOR changes explained
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), is a single piece of legislation that requires organisations to look at certain situations that occur within... | briefing | 3 Feb 2012 12:09PM

Slips, trips and falls: how to avoid them in the workplace
Falls in the workplace remain a significant source of concern, both for employers and enforcing authorities. The HSE indicates that in the year 2009-10, despite the figure of 152 worker deaths in t... | briefing | 22 Jan 2008 4:15PM

Ladder safety: working from height
The Work at Height Regulations 2005, as amended by the Work at Height (Amendment) Regulations 2007, apply to all work at height where there is a risk of a fall liable to cause personal injury. &nb... | briefing | 9 Sep 2008 4:56PM

Health and safety induction training
As an employer, you have a legal responsibility to ensure the health and safety of your employees. This includes providing them with appropriate information and training when they first start work ... | briefing | 13 Sep 2007 4:29PM

Case

Two HSE prosecutions following accidents with machinery
The HSE has reported two separate prosecutions for breaches of the Provision of Work Equipment Regulations 1998. Allevard Springs Ltd was prosecuted for failing to adequately prevent the risk of i... | case | 6 Feb 2012 2:48PM

Lack of control measures led to construction death
A 23-year-old man died from massive crush injuries when his head became trapped in the jaws of a grab machine being wrongly used to move a pallet of cement bags. Steven Allen was part of a team wo... | case | 31 Jan 2012 9:13AM

Scaffolding firm fine reminder of construction dangers
The prosecution of a scaffolding firm following the accident of a construction worker who fell seven metres through a roof in Stoke-on-Trent is another stark reminder of the consequences of not tak... | case | 27 Jan 2012 3:48PM

Work equipment regulations prosecution
An engineering contractor has been fined after a worker suffered severe injuries when his excavator struck a bridge on the M1 motorway in the East Midlands. Van Elle Ltd pleaded guilty to breachin... | case | 25 Jan 2012 9:39AM

Safety breach led to worker being killed by van
A workman was crushed to death when he was struck by a reversing van outside a cinema. According to a report in the Lancashire Evening Post, Carl Green was working on a project to open a Costa Cof... | case | 24 Jan 2012 11:49AM

Case review

Express Park Construction Company Limited and Oxford Architects Partnership (2010)
An architectural practice and a construction company involved in the development of a conference centre in Somerset have been fined a total of £195,000 following a fatality at the site.Bristo... | case review | 29 Jul 2010 1:25PM

R. v. Associated Octel (1996)
The leading case in relation to the ‘conduct of one’s undertaking,’ and the circumstances in which this amounts to a duty under Section 3, is R v. Associated Octel (1996). The cas... | case review | 14 Nov 1996 5:23PM

Howorth Scaffolding Services Ltd & Glenmill Group (Developments) Ltd (2010)
Construction worker, Peter Walton, fell five metres from scaffolding on Altham Industrial Estate on 10 May 2006. The 55-year-old had been working on a project to build three new office blocks when ... | case review | 7 Sep 2010 4:49PM

Her Majesty’s Advocate v. Discovery Homes and Richard Pratt (2010)
On 29 May 2008, Andrezej Freitag, an employee of Discovery Homes, fell down a smoke extraction shaft adjacent to a stairway on a construction site operated by his employer.  He was in the proc... | case review | 25 Jun 2010 4:36PM

Furmedge and others v. Chester-le-Street District Council and others (2011)
Dreamspace V was an artistic creation of the late Maurice Agis. It was described as an interactive public art event and comprised a substantial inflatable PVC structure covering half the area of a ... | case review | 16 May 2011 10:13AM

Ebulletin

Legionella trial draws to an end
Workplace Law Group email Workplace Law Members' ebulletin no. 240 19 July 2006 © Workplace Law Network 2006 http://www.workplacelaw.net ... | ebulletin | 19 Jul 2006 12:47PM

Will the Government introduce a corporate killing law?
[subject - Members E-bulletin 148, 8 September 2004] 8 September 2004 (c) Workplace Law Network Quick link - http://www.workplacelaw.net/index.php?a_id=1315 Welcome to issue no. 148 of yo... | ebulletin | 8 Sep 2004 5:07PM

Court of Appeal Rulings Mean Further Increases in Tribunal Awards
[subject - Members E-bulletin 121, 18 February 2004] 18 February 2004 (c) Workplace Law Network Quick link - http://www.workplacelaw.net/index.php?a_id=1315 Welcome to issue no. 121 of yo... | ebulletin | 18 Feb 2004 4:23PM

DTI Publishes Schedule of New Employment Regulations
[subject - Members E-bulletin 116, 14 January 2004] 14 January 2004 (c) Workplace Law Network Quick link - http://www.workplacelaw.net/index.php?a_id=1315 Welcome to issue no. 116 of your... | ebulletin | 14 Jan 2004 4:14PM

Corporate Killing Proposals
22 May 2003 © Workplacelaw Network Quick link - http://www.workplacelaw.net Welcome to issue no. 83 of your weekly members bulletin. Don't forget - our membership services team are always t... | ebulletin | 21 May 2003 3:58PM

Factsheet

Alcohol and drugs at work
In the UK, up to 14.8 million working days are lost each year as a result of alcohol-related absence. A survey carried out by Norwich Union Healthcare found that 77% of emp... | Factsheet |

Accident investigations
Up to one in three road accidents involve a vehicle being driven for work purposes. Every week around 200 road deaths and serious injuries involve someone at work. In ... | Factsheet | 14 Sep 2007 2:38PM

Ladders
 One third of all falls from height involve ladders and stepladders.Such accidents account for 12 deaths and 1,200 injuries each year.The HSE recommends Class 1 Industrial or EN131 ladders... | Factsheet | 17 Nov 2008 11:12AM

Corporate manslaughter
| Factsheet | 17 Sep 2007 6:46AM

Magazine issue

Directors' responsibilities for health and safety
We could talk until we're blue in the face about corporate killing, and indeed many hahev since Labour first promised to address the issue in its 1997 manifesto. Whether we're convinced by new pro... | Magazine issue | 1 Feb 2005 1:50PM

Legionella trial special
Architect Gillian Beckingham is to face a retrial on seven counts of manslaughter following an outbreak of Legionnaires' Disease in Barrow-in-Furness in August 2002. This was the worst case of... | Magazine issue | 1 Jun 2005 3:41PM

R v. Beckingham: case closed
The prosecution of Gillian Beckingham and Barrow Borough Council following the UK’s largest ever outbreak of Legionnaires’ Disease has raised a number of important issues and questions:... | Magazine issue | 1 Sep 2006 5:14PM

Buncefield disaster: the aftermath and what you can learn from it
At 6.03am on 11 December 2005, journalist Colin Campbell was live on BBC News 24, outside the Foreign Office in Central London. A sound was heard in the background, and he faltered. “I actual... | Magazine issue | 5 May 2009 12:39PM

Killing time
As an organisation that exists to provide information and advice to employers, it was something of a reality check to this month take a look beyond the implications for businesses of the implementa... | Magazine issue | 27 Feb 2008 10:31AM

Network news

Workplace Law experts speak at USHA and AUDE Conferences
Rob Castledine, Associate Director of Health and Safety at Workplace Law will be giving a major presentation on Wednesday 8 April at the USHA Conference, Cardiff – ‘Safety, Health and... | network news | 8 Apr 2009 2:14PM

Employers complacent about corporate manslaughter law
Employers are unaware of the impact of new health and safety legislation which could see them heavily fined and shunned by customers and suppliers if found guilty of killing people by their actions... | network news | 25 Mar 2008 10:40AM

Definitive guidance on the Corporate Manslaughter Act published today
Workplace Law Network has launched the Corporate Manslaughter and Corporate Homicide Act 2007: Special Report today, which has been published to provide managers, employers and direc... | network news | 28 Feb 2008 4:19PM

Guidance published on Corporate Manslaughter Bill
Workplace Law has today published the Guide to the Corporate Manslaughter and Corporate Homicide Act 2007, a downloadable publication written by Danny McShee, at Kennedys, explaining the new legisl... | network news | 1 Aug 2007 12:00AM

Workplace Law Magazine: Mug's Game?
This feature article first appeared in issue 19 of Workplace Law Magazine (July/August 2006). More information on Workplace Law Magazine can be found at: http://www.workplacelaw.net/magazine/ In ... | network news | 2 Aug 2006 12:00AM

News

Company fined £133,000 after unguarded machinery death
A company that pleaded guilty to a breach of Section 2 of the Health and Safety at Work etc. Act 1974, following the death of one of its employees, has been fined £133,000 (reduced from &poun... | news | 9 Feb 2012 5:37PM

Construction site collapse investigation underway
Construction workers avoided injuries when a five-storey building, which was under construction in Ilford, London, collapsed. According to reports, the steel frame surrounding it collapsed and scaf... | news | 1 Feb 2012 12:01PM

Network Rail pleads guilty to safety breaches
Network Rail has pleaded guilty to three breaches of health and safety following the death of two teenagers at a railway crossing in 2005. The rail operator is being prosecuted by the Office of Ra... | news | 31 Jan 2012 1:41PM

Risk assessment failure led to roof fall
Three Dundee companies have been fined a total of £336,000 after a worker fell six-and-a-half metres through a roof light on to a concrete floor. Christopher Carson was working for Robert A.... | news | 26 Jan 2012 1:14PM

Action on unprecedented rise in farm deaths
An 'unprecedented rise in deaths' on farms has prompted the Health and Safety Executive for Northern Ireland (HSENI) to launch a help initiative focusing on farm safety. This will entail HSENI staf... | news | 26 Jan 2012 11:13AM

News analysis

Corporate manslaughter liability for workplace diseases ... a ticking bomb?
During Workplace Law’s online seminar – ‘Corporate Manslaughter in Court: Implications for employers’ – a question was posed on how the Act applies in relation to a ... | news analysis | 3 Jun 2009 1:50PM

Rise in compensation claims
The Press has recently highlighted the case of Gillian Chapman, a widow who has refused to claim compensation from her husband's former employers following his death from mesothelioma, the asbe... | news analysis | 23 Mar 2010 1:44PM

London riots: FAQs
In light of the continuing disturbances in London and across the UK, this briefing looks at afew key questions regarding the incidents and how they are affecting businesses. To download this analy... | news analysis | 10 Aug 2011 9:14AM

Corporate manslaughter case study: what will be different?
Drawing upon personal experience of a number of cases, Andrew Brammer, Partner in criminal and business defence law firm Cartwright King, compares the current health and safety legislation with the... | news analysis | 28 Feb 2008 9:47AM

Remember, remember, the 5th of November - for all the right reasons
Companies involved in organising a fireworks display must ensure that they comply with the relevant legislation to make sure any event is safe as well as spectacular. So what do you need ... | news analysis | 29 Oct 2007 5:01PM

Official guidance

A guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995
This publication is a detailed guide to The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). This edition provides information about the updated Regulations, wh... | official guidance | 1 Jan 2008 5:18PM

Driving at work: Managing work-related road safety
This guidance applies to any employer, manager or supervisor with staff who drive, or ride a motorcycle or bicycle to work, and particularly those with responsibility for fleet management. It also ... | official guidance | 1 Sep 2003 4:43PM

Protecting the public: Your next move
This guidance focuses on the reality that hazardous construction work can be a fatal danger, not only for those within the industry, but the wider public also. Practical advice, especially for tho... | official guidance | 1 Jan 2009 5:24PM

Health risk management: A practical guide for managers in small and medium-sized enterprises
This guidance draws on information and experience gained by the HSE, with actual case studies used to illustrate particular points. Reflective of the fact that some 30 million work days a year are ... | official guidance | 2 Jan 1995 5:20PM

Upper limb disorders in the workplace
Upper limb disorders are a particular group of musculoskeletal ailments affecting the arm and neck. This revised and extensive guidance is addressed to managers with responsibility for workers at r... | official guidance | 1 Jan 2002 11:53AM

Policy & Procedure

Risk Assessment Policy and Management Guide, version 3.0
Risk Assessments are an essential part of a successful health and safety management systems. Under the Health and Safety at Work etc, Act 1974 there is an express duty on employers to ensure that r... | Policy & Procedure |

Regulation

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 came into force on 1 April 1996 and require the reporting of specified accidents, ill health and dangerous occurrences... | Regulation | 16 Sep 1995 8:21AM

Self-Employment (Risk Assessment Exemption) Bill 2010-11
A Bill to exempt self-employed persons engaged in low hazard activity from the requirement to produce a written risk assessment. This Bill was presented to Parliament on 21 October 2010. This is k... | Regulation | 21 Oct 2010 11:40AM

Low Hazard Workplaces (Risk Assessment Exemption) Bill 2010-11
A Bill to exempt employers from the requirement to produce a written risk assessment in respect of low hazard workplaces and the premises of those working from their own home with low hazard equipm... | Regulation | 21 Oct 2010 11:37AM

Health and Safety at Work (Amendment) Bill 2010-11
A Bill to amend the Health and Safety at Work etc. Act 1974 in respect of systems of risk assessment; to make provision for separate requirements for play, leisure and work-based activities; to int... | Regulation | 21 Oct 2010 11:30AM

Workplace (Health, Safety and Welfare) Regulations 1992
The Workplace (Health, Safety and Welfare) Regulations 1992 came into force on 1 January 1993 and impose duties on an employer in respect of the health, safety and welfare of the persons in a workp... | Regulation | 13 Sep 1992 9:05AM

Special report

Corporate Manslaughter and Corporate Homicide Act: Special Report
The Corporate Manslaughter and Corporate Homicide Act 2007 is one of the biggest changes to health and safety law since the HSWA. Its influence will affect everyone with responsibility for the heal... | Special report | 27 Feb 2008 1:49PM

Driving at Work 2008: Special Report (electronic format)
Up-to-date, in-depth guidance on employers’ responsibilities under health and safety law Practical advice to help you comply with your legal duties Exclusive research and opinion from industr... | Special report | 21 Apr 2008 3:48PM

Facilities Management Legal Update 2008: special report
Essential new guidance specifically for facilities managers In-depth guidance on the key issues facing facilities managers in the next 12 monthsExclusive research and opinion from industry expertsP... | Special report | 31 Jan 2008 2:32PM

Health and Safety Strategies 2007: Case Report
RELAUNCHED!!Strategic level guidance on managing health and safety in the workplaceAll work exposes people to hazards, and so no matter what the business there is always the possibility of an accid... | Special report | 19 Jun 2007 3:23PM

Working with Contractors 2008: Special Report
Some of the most high profile health and safety cases have involved contractors – the leading case of R v. Associated Octel (1996), in which an employee of a specialist cleaning contractor wa... | Special report | 28 Sep 2007 3:50PM

Video - Legal update

In case you missed it... 2
This short film available to all premium members provides an update on regulatory changes and events that have occurred in the past twelve months, including: changes to wheel clamping regulati... | Video - Legal update | 15 Dec 2011 12:48PM

Health and safety legal update
This short legal update film, hosted by Simon Toseland, Head of Health and Safety at Workplace Law, looks at changes to RIDDOR reporting and new guidance from the HSE, the Low Hazard Workplace... | Video - Legal update | 6 Feb 2012 12:53PM

Video - News

Weekly news 1-7 February 2012
Welcome to this week's Workplace Law news update, which covers proposals to cut carbon emissions in buildings, a new low carbon reburbished building, guidance on apprenticeships from CIPD, the Gove... | Video - News | 7 Feb 2012 2:48PM

Weekly news 26-31 January 2012
Welcome to this week's Workplace Law news update, which covers a number of significant health and safety prosecutions, David Cameron's criticisms of an excess of 'red tape', new guidance on freedom... | Video - News | 31 Jan 2012 4:26PM

Weekly news 12-16 September 2011
Welcome to this week's Workplace Law news update which covers; changes to RIDDOR reporting, proposed amendments to the Legal Aid Bill, an update on the Agency Workers Directive, a European case r... | Video - News | 19 Sep 2011 3:01PM

Weekly news 19-23 September 2011
Welcome to this week's Workplace Law news update which covers; the HSE warning employees could be prosecuted for health and safety breaches, IOSH and HSE hosting the Innovation in safety - small b... | Video - News | 27 Sep 2011 2:56PM

Weekly news 31 October-4 November 2011
Welcome to this week's Workplace Law news update which covers; new HSE statistics on injury and ill health at work, pension reforms, tackling underperformance and planning for harsh winter weathe... | Video - News | 7 Nov 2011 2:24PM

Video - Seminar

RIDDOR explained
This online seminar, available to all premium members, looks at the Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995 (RIDDOR) and what they require. Hosted by Kate Gardner... | Video - Seminar | 13 Sep 2011 11:13AM

What the papers say

Clown cannot wear giant shoes due to health and safety
A clown has been told he cannot wear his giant comedy shoes due to health and safety. Valerik Kashkin, a clown in the Moscow State Circus, was performing in Liverpool's Sefton Park last Saturday wh... | what the papers say | 24 Apr 2009 5:07PM

Travelodge fined after bathroom accidents
Hotel company Travelodge has been fined £20,000 after two accidents in their bathrooms, BBC News has reported.At Cambridge Crown Court, the firm admitted five offences of breaking the Health ... | what the papers say | 4 Dec 2007 9:41AM

Man crushed at recycling centre
A man has died after he was crushed by a truck at a recycling centre in Dublin.The accident happened at the recycling plant in the Merrywell Industrial Estate near Clondalkin on Monday evening. The... | what the papers say | 27 Nov 2007 4:14PM

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Comments

RIDDOR changes explained
This is a disgrace and noithing more than a VERY thinly disguised device to decrease the level of reporting so the Govt can pretend that the 35% reduction in HSE staff in having no effect. It mak... | comment | 6 Feb 2012 8:43AM

Risk assessment failure led to roof fall
Indeed Kevin, Martin and Bryan and still best summed up by Lord Roben's i.e. 'Those that create risk are best placed to manage it'. | comment | 2 Feb 2012 10:14AM

Risk assessment failure led to roof fall
I agree with Martin, too many times in the past it has been assummed that because I am a Safety Advisor I should be able to complete the method statement when the best people to complete the docume... | comment | 31 Jan 2012 9:21AM

Risk assessment failure led to roof fall
RA's and MS's are not protective measures, and are designed as part of the assessment process to ensure that those working at height are adequately trained to carry out the work. It is... | comment | 28 Jan 2012 12:09PM

Risk assessment failure led to roof fall
Very sad to hear, one of the problems on site even if a method statement and risk assessment are in place is being asked to work at height and being provide with the wrong type of harness for the j... | comment | 27 Jan 2012 11:47AM

Employers responsible for reducing risk of violent assault
I have worked for a subsidiary of Dimension's and they too had a lax approach to evaluating the level of risk of assault by their clients (service users). Adult with learning dificulties ar... | comment | 23 Jan 2012 11:03AM

Employers responsible for reducing risk of violent assault
I have two problems with the Judgment in this case. Writing from well over 20 years direct experience in a smaller but equally "not for profit" (i.e. charitable) team working with learni... | comment | 20 Jan 2012 9:10AM

Be Prepared for Changes to Health and Safety Law in 2001, warns Facilities Management Legal Update
what is the temperture of a kitchen that is satifactory to work in | comment | 4 May 2006 4:21PM

Be Prepared for Changes to Health and Safety Law in 2001, warns Facilities Management Legal Update
Can you list all the relevant changes in H&S law since 1994 | comment | 27 Sep 2005 9:30AM

Be Prepared for Changes to Health and Safety Law in 2001, warns Facilities Management Legal Update
Adam, The legislation banning the use of mobile phones in cars has not been drafted yet. You can download a copy of the Department for Transport's decision letter and summary of responses to ... | comment | 10 Oct 2003 10:04AM