EU and UK Health
and Safety Calendar
2 | EU and UK Health and Safety Calendar: Winter 2013/14
This calendar covers some of the key dates for proposed
and existing health and safety legislation in the EU and UK
(colour-coded accordingly). For a brief explanation of the
different types of EU legislation, please refer to the end
of this calendar.
The content is ordered as follows:
4 New UK and EU Legislation in Force
8 UK and EU Legislation Coming into Force
18 Bills in the 2014-2015 Parliament Session
20 Current & Completed Consultations
24 Current Campaigns and Initiatives
This calendar is provided by way of general guidance only and does
not constitute legal or professional advice. While we aim for it to be
as up-to-date as possible, some recent developments may miss our
publication deadline and some dates may change at short notice.
The calendar is not intended to cover every policy or legislative
initiative, only major health and safety issues.
4 | EU and UK Health and Safety Calendar: Winter 2014/15
1 October 2013
1 October 2013
The Health and Safety at Work etc, Act 1974
(Civil Liability)(Exceptions) Regulations 2013
The Health and Safety at Work etc. Act 1974 (Civil Liability)
(Exceptions) Regulations 2013 create an exception to section
47(2) of the Health and Safety at Work etc. Act 1974,
The exception created relates to the exclusion of civil liability
for breach of statutory duty for pregnant workers and workers
who have recently given birth or are breastfeeding in relation
to certain rights derived from “the Pregnant Workers
Directive” and “the Agency Workers Directive”.
The Health and Safety (First Aid) Regulations 1981
The Health and Safety (First Aid) Regulations 1981 have been
amended to remove the requirement imposed on employers
to seek approval from the Health and Safety Executive (HSE)
regarding the training and qualifications of their appointed first
It remains a legal requirement for employers to obtain a
first-aid needs assessment. Employers must ensure that
suitable provision is made in accordance with this assessment.
However, employers are free to select a training provider
as long as they are competent and have the right quality
assurance systems. Training may be chosen through an
approved centre by an awarding organisation such as Ofqual,
SQA and the Welsh Government or by a voluntary aid society
such as St John Ambulance, British Red Cross and St Andrew’s
New UK and EU Legislation in Force
1 October 2013 Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995 (RIDDOR)
Under the Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995 (RIDDOR), employers (and
other people who are in control of work premises) are obliged
to report all work related fatalities, serious injuries, diagnosed
industrial disease and dangerous occurrences to the Health
and Safety Executive.
The Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 2013 came into force on 1 October 2013.
The main changes include:
—— Reportable injuries listed under ‘major injuries’ have
been replaced with a shorter list of ‘specified injuries’.
—— Eight categories of reportable work-related illness
have replaced the schedule which lists all types
of industrial disease.
—— The number of matters listed under ‘dangerous
occurrences’ has been reduced.
The changes do not impact the reporting requirements
for fatal accidents, accidents to members of the public
or accidents which result in an employee being unable
to carry out their work duties for a period of seven days
6 | EU and UK Health and Safety Calendar: Winter 2014/15
15 February 2014
1 March 2014
Heavy Fuel (Amendment) Regulations 2014
Heavy Fuel Oil (HFO) is classified under the Classification,
Labelling and Packaging (CLP) Regulation (EC 1272/2008)
as ‘Dangerous for the Environment’.
The Heavy Fuel Oil (Amendment) Regulations 2014 which
came into force on 15 February 2014 amended the Control
of Major Accident Hazards Regulations 1999 (COMAH) and
re-categorise HFO as ‘petroleum products’.
Revision of EC Regulation 689/2008 on the export and
import of dangerous chemicals
In 2011, the European Commission published a proposal
to recast Regulation (EC) 689/2008 on the export and
import of dangerous chemicals. A recast is used to consolidate
legislative Acts that have been amended more than once.
The recast Prior Informed Consent (PIC) Regulation
(EU 649/2012) applies from 1 March 2014 replacing
the current PIC Regulation 689/2008.
There were no substantive changes to the duties placed
on business under the Regulation; rather the amendments
introduced were mostly be to update it.
The domestic UK enforcement regulations SI 2008 No. 2108
The Export and Impact of Dangerous Chemicals Regulations
2008 will need to be amended to reflect the recast Regulation.
New UK and EU Legislation in Force
3 March 2014
6 April 2014
Mesothelioma Act 2014
The Act received royal assent on 30 January 2014.
Key provisions of the Act were brought in on 3 March 2014.
The Act established the Mesothelioma Payment Scheme which
compensates mesothelioma victims meeting certain eligibility
criteria in the UK.
From 31 March 2014, insurers may be required to provide
information in order to calculate how much they will
be required to contribute.
The Health and Safety (Miscellaneous Repeals,
Revocations and Amendments) Regulations 2013 to
revoke the Docks Regulations 1988
The Health and Safety (Miscellaneous Repeals, Revocations
and Amendments) Regulations 2013 revoked the Docks
Regulations 1988 (SI/1988/1655), which imposed duties for the
management of workers’ health, safety and welfare in relation
to certain docks-related activities, and made consequential
amendments to other legislation.
8 | EU and UK Health and Safety Calendar: Winter 2014/15
6 April 2014
01 October 2014
New U UK anKd aEnUd L EeUg isLleagtiioslna tCioonm inin gFo inrcteo Force
Amendments to the Registration, Evaluation,
Authorisation and Restriction of Chemicals
Enforcement Regulations 2008
Following on from the Consultation on “Registration,
Evaluation, Authorisation and Restriction of Chemicals
(REACH): Dichloromethane Paint Strippers”, the amendments
allow for the continued use of paint-strippers containing
dichloromethane under certain conditions.
Proposed Redraft of the Construction (Design
& Management) Regulations 2007
The HSE has announced it will be re-drafting the Construction
(Design & Management) Regulations 2007 for reissue in 2014.
Initially, it was thought that this would take the form of a
fine-tuning exercise; but it now appears that a “complete
overhaul” of the Regulations is planned. Some proposed
changes include: the removal of provisions relating
to competence and the introduction of duties for
Acetylene Safety (England and Wales and Scotland)
The HSE has worked with stakeholders to consolidate a range
of legislative instruments including regulations and orders into
a single set of regulations. These regulations simplify and
where appropriate, modernise legislative arrangements for
compressed acetylene gas whilst maintaining pre-existing
and EU Legislation Coming into
01 October 2014
The main changes include:
—— there will no longer be a requirement to seek HSE
approval for certain acetylene equipment (including
flashback arrestors and the composition of acetylene
cylinders) so long as they comply with current
recognised (national/international) standards.
—— anyone wishing to manufacture, compress or fill
a cylinder with acetylene gas greater than
0.62 bar (g) is required to hold a licence, replacing
the current complex process for gaining approval.
Petroleum (Consolidation) Regulations 2014
The HSE have announced plans to consolidate and modernise
the petroleum legislative framework in the UK.
The consolidation is intended to update legislative provisions
and make them simpler to understand. As part of this work,
the HSE is also reviewing related guidance, including relevant
Approved Codes of Practice (ACOPs), to consider similar
consolidation and modernisation to help ease of access
The proposed consolidation maintains or improves existing
health and safety requirements in relation to regulation
of petroleum in the UK.
10 | EU and UK Health and Safety Calendar: Winter 2014/15
01 October 2014
1 June 2015
New UK and EU Legislation in Force
Explosives Regulations 2014
The Explosives Regulations 2014 will simplify and consolidate
the safety legislation for explosives.
The consolidated set of regulations cover the safety of workers
and the public when manufacturing, handling and storing
explosives. They also include European requirements in relation
to product safety.
Potential changes to the Seveso II Directive (96/82/EC)
The aim of the Seveso II Directive was to prevent major
accidents at industrial sites storing or using dangerous
substances and to limit the consequences if such an accident
did occur. It introduced a tiered approach to controls; the
larger the quantity of dangerous substances stored or used,
the stricter the controls. Seveso II was extended in 2003 to
cover risks arising from storage of explosives and ammonium
nitrate, and risks arising from mining operations.
Currently the application of Seveso II is partly determined by
reference to the Dangerous Substances Directive (67/548/EEC)
and the Dangerous Preparations Directive (1999/45/EC) (also
known as DSD/DPD). A new EU Regulation on the
classification, labelling and packaging of substances and
mixtures, CLP, came into force on 20 January 2009. It will be
phased in over a transitional period, ultimately replacing DSD/
DPD in 2015. This will break the legislative link between Seveso
II and the current classification system. A new method of
determining the scope of the Directive will need to be found,
which will require an amendment to Seveso II.
The Commission adopted a proposal on 21 December 2010 for a
new directive (“Seveso III”) that would be implemented by 1 June
2015. The main aim of the proposal is to address the
consequences to the regulation of major-accident hazard sites
from changes to EU legislation on the classification, labelling and
packaging of chemical substances and mixtures. The main
proposed changes are as follows:-
(a) to align Annex I of the Directive (defining the substances
falling within its scope) to changes to the EU system of
classification of dangerous substances to which it refers;
(b) to include corrective mechanisms to adapt Annex I in the
future to deal with situations over time from the alignment
where substances are included/excluded that do/do not present
a major-accident hazard;
(c) to strengthen the provisions relating to public access to safety
information, participation in decision-making and access
to justice, and improve the way information is collected,
managed, made available and shared; and
(d) to introduce stricter standards for inspections of installations
to ensure the effective implementation and enforcement
of safety rules.
New UK and EU Legislation in Force
REACH (Registration, Evaluation, Authorisation and restriction
of Chemicals) is the regime for the control and regulation of chemicals
in the EU. It is co-ordinated by the European Chemicals Agency (ECHA)
but is largely enforced in the UK by the HSE, in conjunction with other
REACH is designed to provide more information on the risks of chemicals
and increase confidence in their safe use. Information about hazards and
safe use will have to be passed down the supply chain using improved
Safety Data Sheets.
While the Regulations came into force on 1 June 2007, many of its
provisions are being ‘phased-in’ over eleven years. Businesses in a wide
range of sectors are affected; it is estimated that there are approximately
30,000 controlled substances being used in the EU. The Regulations
require that companies register substances where they are being
manufactured or imported (from outside the EU) in quantities exceeding
one tonne per year.
Registration can be completed electronically using the REACH-IT tool.
It involves submitting a ‘dossier’ containing information on the
substance, its health and/or environmental risks and the
precautions that have been taken to minimise those risks.
Companies affected should be planning now for registration
requirements that will soon be mandatory. Failure to comply
is an offence, which in the UK can be punishable by unlimited
fines. Directors can also be held personally liable for breaches.
To benefit from the phased-in deadlines, manufacturers or suppliers
had to pre-register their substances by 1 December 2008. ‘Late
pre-registration’ is still available to companies who have started
manufacturing or importing substances for the first time since
1 December 2008.
12 | EU and UK Health and Safety Calendar: Winter 2014/15
REACH – KEY DATES
1 December 2010 ‘Phase 1’
The general registration timeline is detailed below.
On 1 December 2010, ‘Phase 1’ of the registration
requirements came into force and by this date
companies manufacturing or importing the following
must have registered:
—— Substances in quantities exceeding 1000 tonnes
—— Substances in quantities exceeding 100 tonnes per
annum and classified as very toxic to aquatic organisms
under CHIP (Chemical (Hazard Information and
Packaging for Supply) Regulations 2002)); and
—— Substances in quantities greater than 1 tonne per
annum and classified under CHIP as Category 1 or 2
carcinogens, mutagens or reproductive toxicants.
Regulation 1272/2008 on Classification, Labelling and
Packaging of Substances and Mixtures (CLP)
1 December 2010 was a key deadline under Regulation
1272/2008 on Classification, Labelling and Packaging
of Substances and Mixtures (‘CLP’). CLP introduced new
packaging and labelling requirements. Substances covered
by CLP should have been re-classified and re-labelled
from 1 December 2010. Mixtures (e.g. paints or inks)
must be re-classified and re-labelled by 1 June 2015.
New U REAKC Hand EU Legislation in Force
Since 1 December 2010, manufacturers and importers
have been required to make a Classification and Labelling
notification to ECHA. For substances placed on the market
on or after 1 December 2010, the deadline for the notification
is 1 month following the date the substance was placed
on the market.
If a substance has been on the market for a period prior
to 1 December 2010 but taken off for a period prior to that
date, the registration deadline is one month from the
substance being placed back on the market after
1 December 2010.
Tonnage thresholds do not apply to CLP. Accordingly,
businesses normally outside the scope of REACH
(on account of dealing in small quantities) will be affected.
From 1 June 2013, the threshold for registration of substances
has decreased from 1000 tonnes to 100 tonnes per annum.
From 1 June 2018, the threshold for registration of substances
will decrease from 100 tonnes to 1 tonne per annum.
1 June 2013
1 June 2018
14 | EU and UK Health and Safety Calendar: Winter 2014/15
In 2012, five years after the introduction of REACH, the European
Commission launched the REACH review process. As part of this
the Commission undertook several thematic studies, focusing
in particular on.
—— The (nominal) risk caused by chemicals in 2012 compared
to the 2007 (a follow-up of the baseline study of REACH);
—— Review of the ECHA based on Article 75 of Regulation (EC)
—— The REACH contribution to the development, commercialisation
and uptake of products of emerging technologies;
—— Implementation and enforcement of restrictions in Member States;
—— Impact of the REACH regulation on the innovativeness
of EU chemical industry;
—— Inspections requirements for REACH and CLP;
—— Functioning of the European chemical market after the
introduction of REACH regulation;
—— Technical assistance related to the scope of REACH and other
relevant EU legislation to assess overlaps;
—— Technical assistance to prepare the Commission report
on operation of REACH;
—— Review of the registration requirements for 1 to 10 tonnes
substances and polymers;
—— Assessment of health and environmental benefits of REACH; and
—— Review of EU legislation (REACH) concerning nanotechnology.
The outcome of the REACH review has been published by the European
Commission. The European Commission reached several conclusions
including that REACH “functions well and delivers on all objectives that at
present can be assessed”.
New U REAKC Hand EU Legislation in Force
However, the review also found that there are still many other
opportunities for further improvement of the functioning of REACH
by optimizing it’s implementation at all levels. Some of the key findings
and recommendations are:
—— The report makes recommendations to improve REACH
implementation. These include improving the quality of
registration dossiers, encouraging companies to enhance the
use of safety data sheets as a central risk management tool,
and addressing issues related to the transparency of cost sharing
within the Substance Information Exchange Forums (SIEFs);
—— The report recommends reducing the financial and administrative
burden on SMEs in order to ensure the proportionality of
legislation and to assist them to fulfil all their REACH obligations.
The Commission will look into greater fee reductions to SMEs;
—— There are no major overlaps with other EU legislation;
—— Considerable efforts to develop alternative methods to animal
testing have been made and will continue: since 2007, the
Commission has made available € 330 million to fund research
in this area;
—— Enforcement could be improved. As this is the responsibility
of the Member States, the report recommends to Member
States to reinforce coordination among them; and
16 | EU and UK Health and Safety Calendar: Winter 2014/15
—— Although the report identifies a need for some
adjustments to the legislation, the Commission
wants to ensure legislative stability and predictability
for European businesses. No changes to REACH’s main
terms are proposed at present.
As foreseen in Article 138 of the Regulation and taking into
account the Commission’s right of initiative, the Commission
may present a legislative proposal based on the review
outcomes, after consideration of all the expected
socio-economic effects through a proper impact
assessment process, bearing also in mind potential
impacts on the next registration deadlines (2013 and 2018).
New U REABKCi lHalsn idn EthUe L 2e0g1is4la-2ti0o1n5 i nP aFroliracmeent Session
The Deregulation Bill was announced in the Queen’s speech
on 9 May 2013. The main elements of the Bill are: measures
to reduce or remove burdens on businesses and Civil Society
and so facilitate growth; measures to reduce or remove
burdens on public bodies, the taxpayer or individuals; good
legislative housekeeping; and repeal of legislation that
is no longer of any practical use. The proposals stemmed
from the independent review of health and safety conducted
by Professor Löfstedt, which questioned the inclusion of the
self employed in health and safety legislation.
The Bill exempts from health and safety law those
self-employed workers whose work activities pose no potential
risk of harm for others.Previously, the law imposed general
duties on everyone at work, including the self-employed
to conduct his undertaking in such a way as to ensure,
so far as is reasonably practicable, that he and other persons
(not being his employees) who may be affected thereby are
not exposed to risks to their health and safety.
The Bill was introduced in the 2013-2014 session. The first
reading took place on 24 June 2014. The second reading took
place on 7 July 2014. The Bill will now go to a third reading
before the Lords. Committee-stage, line by line examination of
the Bill, is yet to be scheduled .
18 | EU and UK Health and Safety Calendar: Winter 2014/15
2014-15 Department of Energy and Climate Change
This Private Members Bill intends to make provision for the
abolition of the Department of Energy and Climate Change
and for its functions to be absorbed into the Department
for Business, Innovation and Skill.
This Bill was introduced in the 2013-2014 session.
It is expected that the bill will have its second-reading
debate on 6 March 2015.
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20 | EU and UK Health and Safety Calendar: Winter 2014/15
Current and Completed Consultations
The following is a selection of recent and ongoing consultations and the
expected timetable for implementation of proposals, where applicable.
Consultation on the Approved Codes of Practice
(ACOPs) on: the Provision and Use of Work Equipment
Regulations 1998: Safe Use of Power Presses and Safe
Use of Woodworking Equipment
The HSE have stated the ACOPs have been revised with
a “light touch” and most of the changes are simply
removing outdated material, and where appropriate,
simplifying the content.
One of the suggestions made in the earlier (2012) consultation
was that the three ACOPs could be combined into one single
document, however the HSE have decided that a single
document would be “long and unwieldy”.
The consultation ended on 25 May 2014.
Consultation on the proposal for new regulations
on health and safety in mines
The consultation concerned the proposals from the HSE to
introduce new Regulations covering health and safety in
mines. The new Regulations will replace mines legislation
currently in force and will include duties specific to mine
operators on how to manage the unique hazards associated
The proposal also outlines an amalgamation of the ACOPs into
one single document.
The consultation began on 7 April and ended on 1 June 2014.
Consultation on replacement of the Construction
(Design and Management) Regulations 2007
This consultation seeks views on the HSE’s proposal
to replace the Construction (Design and Management)
Regulations 2007 and withdraw the ACOP. The proposals
support the strategic objectives of improved co-ordination,
better value for money, improved efficiency and use of
The consultation began on 31 March and ended
on 6 June 2014.
Consultation on draft COMAH Regulations 2015
to implement the Seveso III Directive 2012/18/EU
on the control of major-accident hazards involving
dangerous substances, amending Council Directive
This HSE Consultation sought views on proposals
to implement The Control of Major Accident Hazards
Regulations 2015 (COMAH) to implement all but the land use
planning aspects and Article 30 of Council Directive 2012/18/
EU. Article 30 has already been incorporated into UK law but
this change will be incorporated into the COMAH
The fundamental change proposed is a shift away from the
classification system Chemicals (Hazard Information and
Packaging for Supply) to the new classification system
Classification, Labelling and Packaging. Another change
is to allow the public to access information on COMAH sites
and hazards online.
The consultation began on 2 May 2014 and ended
on 27 June 2014.
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Consultation on new ACOP for Dangerous Substances
and Explosive Atmospheres Regulations 2002
This consultation seeks views on HSE’s proposed revised
version of the ACOP on the Dangerous Substances and
Explosive Atmospheres Regulations 2002.
Key changes include increased emphasis on the importance
of complying with risk assessment elements of the Regulations;
further guidance in relation to overfill and spillage; clearer
definitions; reorganisation of text and signposting to separate
HSE guidance on working at height.
The consultation began on 11 June and ended
on 22 July 2014.
Consultation on proposals on the alignment of health
and safety regulations with the EU direct acting
Classification, Labelling and Packaging Regulations
This consultation seeks views on the proposals from the
HSE to align domestic legislation with the EU direct acting
Classification, Labelling and Packaging Regulations (CLP).
The amendments will replace references to the existing
classification system and hazard warning symbols with CLP
references and need to be made to relevant health and safety
regulations in UK by 1 June 2015.
The consultation began on 12 June and ends on
5 August 2014.
22 | EU and UK Health and Safety Calendar: Winter 2014/15
Consultation on proposals to exempt self-employed
persons from section 3(2) of the Health and Safety at
Work etc. Act 1974, except those undertaking activities
on a prescribed list.
This consultation seeks views on the clarity of the proposed
definitions relied upon in the draft Health and Safety at Work
etc. Act 1974 (General duties of Self-Employed Persons)
(Prescribed Undertakings) Regulations 2015.
The proposed regulations include definitions of activities where
self-employed persons will continue to have duties under
section 3(2) of the Health and Safety at Work etc. Act 1974,
all others being exempt from those duties.
The consultation began on 7 July and ends
on 31 August 2014.
Consultation on the ‘Offshore Safety Directive’
The HSE have opened a public consultation into the
implementation of Directive 2013/30/EU on the safety of
offshore oil and gas operations and amending Directive
2004/35/EC, and on the review of offshore ACOPs and the
updating of UK onshore oil and gas safety legislation to cover
emerging energy technologies.
The consultation seeks views from various stakeholders on the
illustrative drafts of various Regulations, including the new
Offshore Installations (Offshore Safety Directive) (Safety Case
etc.) Regulations 2015, which will implement the majority of
This consultation began on 28 July and ends
on 21 September 2014.
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Gas Safe Register Campaign
This ongoing campaign is aimed at students and raising their
awareness with regards gas safety. It explains that landlords,
by law, have to ensure that gas appliances supplied in rented
accommodation are safe to use. They also have to provide
a copy of the landlord’s gas safety check record either prior
to moving in or within 28 days of the annual check being
completed if there is an existing tenant.
In September, Gas Safe Register launched an interactive gas
map which identifies the most dangerous postcodes in the
country. The map reveals how many unsafe gas appliances
have been found lurking in your area. For more information
please visit: http://www.hse.gov.uk/gas/domestic/safety-map.
Safe & Sound At Work Campaign
This campaign is designed to help businesses improve
worker consultation and involvement in relation to health
and safety matters.
Employers already have statutory obligations to consult
workers in relation to health and safety. This campaign
is intended to help businesses learn how to involve their
workers and also highlights the benefits of doing so,
including lower injury rates and reduced insurance premiums.
The HSE micro-site contains a step by step guide and
information on subsidised training (http://www.hse.gov.uk/
24 | EU and UK Health and Safety Calendar: Winter 2014/15
Current Campaigns and Initiatives
Current Vehicle Load Safety
According to the HSE, unsafe loads injure more than 1,200
people a year in the UK and cost businesses millions in
This campaign focuses on the securing of loads. It highlights
the risks of shifting loads on transport vehicles, damaged
lashings and mistaken reliance of curtains, which are merely
for weather protection.
The HSE micro-site (http://www.hse.gov.uk/
workplacetransport/loadsafety/index.htm) provides detailed
guidance and links to Department of Transport guidance on
specific load types and vehicles.
Make the Promise and Come Home Safe Initiative
The farming industry has one of the highest rates of death
and serious injury in the United Kingdom. The HSE reports
that the farmer is two and a half times more likely to die in
the workplace than in a car accident.
The HSE states that the reasons for these increased risks
is a combination of the fact that farmers are an ageing
workforce, many famers work alone, and the machinery
used is very powerful.
This initiative produces health and safety guidance for
farmers, organises free health and safety awareness days,
and provides advice through telephone or farm visits. In
addition, the initiative encourages farmers to make the
pledge to return safety for themselves and their families.
The initiative has received high profile support from the
National Federation of Young Famers’ Clubs and
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EU Campaign - Healthy workplaces manage stress
This campaign aims to raise awareness of stress and
psychosocial risks in the workplace. It encourages employers,
managers, workers and their representatives to work together
to manage those risks. The campaign provides and promotes
the use of simple, practical tools and guidance and highlights
the positive effects of managing psychosocial risks and stress
in the workplace.
The HSE micro-site (http://www.hse.gov.uk/stress/index.htm)
contains further details on how businesses can tackle stress
in the workplace.
Current Campaigns and Initiatives
26 | EU and UK Health and Safety Calendar: Winter 2014/15
EU Legislation in Brief
Various kinds of EU legislation exists and it may not always be clear
to whom they apply and when. The main types are:-
Directives do not automatically come into force in the UK; they must
be implemented by legislation at a national level. Until they are
so implemented, they are not directly effective against any individual
or company. They may, however, be directly effective against
a Government or Government body.
Regulations come into force in all EU Member States upon
publication. That means that they apply to individuals and
companies without legislation on a national level.
Decisions are directed towards specific Member States, companies
or individuals. They are binding on those to whom they are
For further information on our health and safety services please
contact Jan Burgess on +44 (0)20 7367 3539 or 07811 362201;
or email email@example.com
If your company has a health and safety emergency, you can contact
0333 20 21 010 – Emergency Response Hotline
(available 24 hours a day, 7 days a week)
Disclaimer – this calendar is provided by way of general guidance only and does not constitute legal or
professional advice. While we aim for it to be as up-to-date as possible, some recent developments may
miss our publication deadline and some dates may change at short notice. The calendar is not intended
to cover every policy or legislative initiative, but only major health and safety issues.
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28 | EU and UK Health and Safety Calendar: Winter 2014/15
Health and Safety – what we do
CMS Cameron McKenna is recognised as a leading firm in the area
of Health and Safety. We provide specialist advice on regulatory
compliance, prosecutions, investigations and corporate governance.
We have specialised knowledge of the offshore and energy sector
in particular, which faces greater challenges and regulation than most.
However, our client base and expertise spans a broad range of sectors,
—— Global Health & Safety Advice.
Regrettably, accidents at work can be serious and sometimes result
in fatalities. Our clients appreciate the high level of attention and
support we are able to offer during what can be a difficult time for
any organisation. We are able to provide assistance with every aspect
of incident response, including incident investigations, dealing with
witnesses, defending prosecutions and advising senior management
on relations with the Health & Safety Executive.
Emergency Response Team
Our specialist team is on call to provide assistance and respond
to incidents 24 hours a day. Our team is qualified to practise in England,
Wales and Scotland but also regularly advises clients in relation to
international working practices and health & safety matters in other
jurisdictions. We are available for health & safety emergencies and advice;
along with any other related urgent matters. In the event of an
emergency the team will ensure a swift and efficient response to client
queries, irrespective of the time of day or day of the week.
If your company has a health and safety emergency, you can contact
0333 20 21 010 – Emergency Response Hotline (available 24 hours
a day, 7 days a week)
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Kelvin TOP-SET Senior Investigators
We have specialised knowledge and training to investigate serious
accidents or near-miss events under the Kelvin TOP-SET incident
investigation system. This is a well-known investigation qualification,
regularly used by many industries in the UK and abroad. The system
is designed to ensure a bespoke but swift and systematic investigation
of any incident incorporating root cause analysis and identification
of remedial measures.
Our clients come to us for advice on:
—— Emergency Response and Crisis Management.
—— Health and Safety prosecutions.
—— Accident Inquiries.
—— Formal interviews and investigations undertaken by inspectors.
—— Corporate Manslaughter investigations.
—— Inquests and Fatal Accident Inquiries.
—— Appeals against Improvement and Enforcement Notices.
—— Compliance with UK and European regulatory requirements.
—— Drafting corporate Health and Safety policies and contract
—— Safety aspects of projects and property management.
—— Due diligence in corporate acquisitions/disposals.
—— Directors’ and officers’ personal liabilities.
—— Management training Courses.
—— Personal injury defence.
—— Risk management and training.
—— Defending health and safety prosecutions of client companies.
—— Appealing other types of enforcement action against companies
(e.g. Prohibition Notices).
—— Conducting numerous Coroners’ Inquests and Fatal Accident
Inquiries - including some of the most high-profile and complex
Inquiries to have taken place in relation to offshore incidents.
30 | EU and UK Health and Safety Calendar: Winter 2014/15
—— Obtaining the first ever award of expenses against the Crown in
favour of a client company following a Fatal Accident Inquiry.
—— Taking Appeals to the High Court of Justiciary.
—— Taking Appeals on human rights issues to the Privy Council.
—— Defending Judicial Reviews.
—— Advising on forthcoming Health and Safety legislation.
—— Assisting clients in consultations with the Health and Safety
Executive and other regulatory bodies, including the Department
for Energy and Climate Change.
—— Advising clients in relation to Safety Cases, Corporate Governance
issues and Directors’ duties and liabilities.
—— Undertaking transactional due diligence in relation to Health and
—— Carrying out Health and Safety audits.
—— Advising clients on incident investigation, legal privilege and
dealing with HSE inspectors.
—— Preparing and drafting incident investigation reports.
—— Advising clients on media, public relations and reputational issues
—— Advising clients in the immediate aftermath of an incident and
providing emergency response services.
—— Advising clients in relation to protestor action and possible
—— Successfully defending environmental prosecution.
For more information, please contact:
Jan Burgess, Rosalind Morgan, Jacqueline Cursiter or Craig Watt
CMS Cameron McKenna’s free online
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CMS Cameron McKenna LLP
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The information held in this publication is for general purposes and guidance only and does not purport to constitute legal or professional advice.
CMS Cameron McKenna LLP is a limited liability partnership registered in England and Wales with registration number OC310335. It is a body corporate
which uses the word “partner” to refer to a member, or an employee or consultant with equivalent standing and qualifi cations. It is authorised and
regulated by the Solicitors Regulation Authority of England and Wales with SRA number 423370 and by the Law Society of Scotland with registered
number 47313. It is able to provide international legal services to clients utilising, where appropriate, the services of its associated international offi ces.
The associated international offi ces of CMS Cameron McKenna LLP are separate and distinct from it. A list of members and their professional qualifi cations
is open to inspection at the registered offi ce, Mitre House, 160 Aldersgate Street, London EC1A 4DD. Members are either solicitors or registered foreign
lawyers. VAT registration number: 974 899 925. Further information about the fi rm can be found at www.cms-cmck.com
© CMS Cameron McKenna LLP
CMS Cameron McKenna LLP is a member of CMS Legal Services EEIG (CMS EEIG), a European Economic Interest Grouping that coordinates an
organisation of independent law fi rms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG’s member fi rms in their
respective jurisdictions. CMS EEIG and each of its member fi rms are separate and legally distinct entities, and no such entity has any authority to bind any
other. CMS EEIG and each member fi rm are liable only for their own acts or omissions and not those of each other. The brand name “CMS” and the term
“fi rm” are used to refer to some or all of the member fi rms or their offi ces. Further information can be found at www.cmslegal.com
© CMS Cameron McKenna LLP 2014