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Health & Safety

Health & Safety

Sanctions Increasing As The Pressure on Russia Grows

Grant McGregor

Increasingly stringent sanctions have been imposed on Russia as a result of its involvement in the continuing unrest in the Ukraine, with the EU and the US announcing the latest round of co-ordinated measures earlier this month.  The President of the EU Council, Herman van Rompuy, said that these measures are aimed at “promoting a change of course in Russia’s actions destabilising eastern Ukraine”. 

The newly announced sanctions target Russia’s finance, energy and arms sectors.  They include limits on the ability of Russian banks to access western credit markets, ban

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Burness admin

The Need For Fatal Accident Inquiry Reform: An Accident Waiting, And Waiting, To Happen

Consultation on reforming the way in which fatal accident inquiries (FAIs) are held is well underway.

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LChalmers

A Price Worth Paying...

In response to the Ukraine crisis, two weeks ago MEPs voted that the EU must step up and be ready to impose economic sanctions against Russian firms and their subsidiaries, especially in the energy sector. The UK Foreign Secretary, William Hague, has said that more far reaching measures are being prepared and that the damage to the UK economy of trade sanctions on Russia would be “a price worth paying”. EU diplomats are meeting this week to discuss further sanctions against Russia.

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LChalmers

There’s No “I” In “Regulator”: The Scottish Regulators’ Strategic Code Of Practice

Adam McCabe

The Scottish Government’s consultation on a draft Code of Practice for Scottish Regulators closes on 28 April 2014. 

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LChalmers

Sanctions – Are You Playing Russian Roulette?

Fran Hutchison

The ever-changing global political environment will always mean that international businesses must maintain robust international sanctions and export control compliance programmes. This is particularly so in the oil and gas industry.

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LChalmers

EU Offshore Directive Update – Key Points For The New Safety Case

Ashok Rebello

At two industry briefing sessions this week the Health & Safety Executive (HSE) and Department for Energy & Climate Change (DECC) provided the first insight into how the post July 2015 regime might look. We now know what the new Competent Authority will look like and how the complicated transitional arrangements are expected to work in practice.

Competent Authority

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LChalmers

Plugging The Black Hole: Bavaird v Sir Robert McAlpine Ltd & Others

Ewan McIntyre

The Inner House of the Court of Session in Edinburgh has attempted to plug a legal black hole which can arise where liabilities are transferred from one party to another, in this case to a statutory successor.

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LChalmers

The Material Cost of “Material Breach”

Diane Turner | Director

It is now a full year since the introduction of the HSE Fees for Intervention Regime.   Since 1 October 2012, where an HSE Inspector deems that a company is in “material breach” of health and safety law they will issue a fee for the time that they spend investigating and advising the company until the breach is remedied.  The fee is due whether or not formal enforcement action is taken and is in addition to any fine imposed following a conviction for the breach.

The fee regime applies to all HSE investigations other than those which relate to offshore installations, g

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Burness admin

RIDDOR: Simplifying Incident Reporting Requirements

Lynne Moss | Senior Associate

From 1 October 2013 changes will be introduced to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) which will aim to simplify the mandatory reporting of workplace injuries.  The changes follow the UK Government’s independent review of health and safety legislation in 2011 and a public consultation which took place last year.

RIDDOR requires employers, and other people in control of work premises, to report all work related deaths as well as certain work-related accidents, diseases and dangerous occurrences (near-misses).

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Burness admin

It's the Little Things...

Ashok Rebello | Solicitor | Burness Paull

On 1 October 2013 a small change will be made in the law which is likely to have a big impact on accident claims.

The Health and Safety at Work etc Act 1974 was amended to prevent an employee relying on an employer’s breach of health and safety regulations as a basis for a successful damages claim.  Although a breach of the Act itself has never given rise to a right to recover damages (it creates criminal liability only) a breach of one of the subordinate regulations did create a right to civil damages.  Since in some cases the regulations create duties of strict liability

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Burness admin