EHSsential will keep you up to date on matters such as key court decisions, legislative changes or proposals along with providing insight and guidance on key Environmental and Health and Safety matters in the UK. We hope you find our e-briefing useful and informative.
Please click any article below to read the full story
Stress management: a new focus
The HSE's most recent statistics identify that work related stress accounts for 37% of all work related ill health in Great Britain and causes 45% of all working days lost due to ill health. Whilst the HSE's focus is currently on educating employers and is unlikely to turn to prosecution if failures are identified, historically, organisations have been subject to improvement notices for failing to manage work related stress effectively.
The new balance of probabilities test for suicide conclusions in Inquests
Following a recent High Court judgment there is likely to be a statistical increase in reported instances of suicide as the standard of proof is now on the balance of probabilities. This will have an impact upon a range of sectors but particularly those in education and healthcare. An appeal has been lodged against the judgment.
In the spotlight: legal privilege
The Court of Appeal has taken a slightly more relaxed view as to when legal professional privilege will apply in the context of criminal investigations. Our article includes practical recommendations regarding steps companies can take to ensure that privilege attaches to internal investigation reports, witness statements and other documents created post incident.
The war on plastics and the evolving legal landscape
A life without plastic is unimaginable. We look at the supply chain impacts of legislative initiatives and changes in consumer attitudes to this "wonder" material. Due to plastics wide usage these initiatives and changing consumer attitude are likely to impact most supply chains, and most sectors.
New Best Available Techniques ("BAT") conclusions for waste treatment activities
On 10 August 2018, the European Commission adopted revised BAT conclusions for waste treatment activities. BAT conclusions are the reference used to set environmental permit conditions. Brexit is unlikely to impact the UK's implementation of these BAT conclusions.
From fatality to conviction a slow process?
The HSE has recently confirmed, in response to a Freedom of Information Act request, that ongoing investigations and prosecutions following work-related fatalities may take several years to reach a conclusion. We look at the HSE's plans to improve the pace of its investigations.
A safe Brexit
The Department for Work and Pensions has recently published the Health and Safety (Amendment) (EU Exit) Regulation 2018, which gives some limited insight into the status of EU health and safety law following the departure of the UK from the EU. We look at what this means for UK health and safety law.
New Manslaughter Sentencing Guideline
Sentences are designed to punish the offender and act as a deterrent from future offending by the defendant and others. We look at whether the offence of individual manslaughter is still a useful and viable avenue of enforcement in the health and safety arena and whether it is likely to change health and safety behaviours.
Environment Agency Sanctions policy update
The Environment Agency's new Sanctions policy does not make fundamental changes to the current regime, however, positively it provides duty holders with some clarity around the EA's approach to enforcement and the principles it will apply in taking decisions, specifically around the use of Enforcement Undertakings and Variable Monetary Penalties. It also perhaps signals the EA's willingness and commitment to further utilising civil sanctions as an alternative to a prosecution.
Regulating chemicals if there's no Brexit deal
Regulating chemicals (REACH) if there's no Brexit deal is one of the UK Government's latest technical notices setting out information in the event of a no-deal Brexit scenario in March 2019. We look at the `no-deal' plans for chemicals.
For further information, please contact:
Kevin Elliott Partner
T: +44 845 200 4229 kevinelliott@eversheds -sutherland.com
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