Health and Safety
4 _ News
4 _ HSE open consultation on proposed replacement of CDM regulations
4 _ HSE ACOP consultations continue
5 _ New appointments at HSE
5 _ New guidance for the docks industry
6 _ Cases/Incidents
6 _ Salvage fi rm prosecuted after half tonne car drops on mechanic
6 _ Firm fi ned after worker killed by concrete beam
7 _ Sixth Corporate Manslaughter Conviction
7 _ Building contractors expose workers to asbestos dust
8 _ Aberdeen fi rm fi ned after worker seriously injured by
8 _ First prosecution under the Specifi ed Animal Pathogens Order
10 _ Focus on: North Sea Helicopter Accident FAI
12 _ Focus on: ‘Too wide for Windows’; Implications of CAA Helicopter
14 _ Oil and Gas News
14 _ Updated blowout preventer guidelines promote industry
14 _ Control of Major Accident Hazards Regulations 2015
15 _ The Wood Review: Maximising recovery in the UKCS
16 _ Health and Safety – what we do
CMS Cameron McKenna LLP is recognised as a leading fi rm in the
area of Health and Safety. We provide specialist advice on regulatory
compliance, prosecutions, investigations and corporate governance.
Emergency Response Service
The steps a company takes immediately following an incident can be pivotal and can signifi cantly
increase or decrease the likelihood of a subsequent conviction. Health and Safety Inspectors have
substantial powers to enter and examine premises, remove articles and demand documents
necessary for them to carry out their investigations. Immediate, on the spot advice and support
can therefore prove to be invaluable in the event of an emergency.
Our dedicated team is on call 24 hours a day to provide assistance and respond to incidents on
site. Our lawyers are qualifi ed to practice in England, Wales and Scotland; but we also regularly
advise clients in relation to health and safety matters in other jurisdictions and can draw on the
expertise of our CMS network of European offi ces.
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 effi cient 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 us on:
Emergency Response Hotline: 0333 20 21 010 (available 24 hours a day, 7 days a week)
London: 020 7367 3000
Edinburgh: 0131 228 8000
Aberdeen: 01224 622 002
Out of hours: 07811 362 201 (Ask for Jan Burgess)
A number of our team are qualifi ed as approved Senior Investigators under the Kelvin TOP-SET
incident investigation system. They are also able to assist in conducting an incident investigation
itself, in order to ascertain the ‘root cause’ of an incident with a view to future preventative
measures and improvements to health, safety and welfare.
Offshore Environmental Issues
Our team has considerable experience in advising in relation to offshore oil & gas issues – ranging
from defending prosecutions by DECC to appealing enforcement notices – along with general
advice in drafting of OPEPs and complying with the extensive range of offshore environmental
4 | Health and Safety Newsletter: May 2014
HSE open consultation on proposed replacement of CDM regulations
The HSE began a 10 week period of consultation on 31 March regarding their proposals to
replace the Construction (Design and Management) Regulations 2007 (CDM 2007). The
regulations currently establish a foundation for managing health and safety in construction
projects from the design stage onwards and provide minimum health, safety and welfare
standards during construction. Under the proposal these would be replaced by a new set of
regulations which are intended to be far easier to understand and comply with but retain vital
The proposals are the result of the Construction Industry Advisory Committee (CONIAC)
working alongside the HSE for two years. Heather Bryant, HSE Construction Chief Inspector,
stated “The proposed changes are aimed at ensuring more people come home safe and well
from their work and making the law simpler and clearer for employers to understand,
particularly small businesses.”
The most signifi cant changes included in the proposals are:
— The CDM co-ordinator role being replaced by a principal designer role within the project
— Removal of explicit competence requirements and replacing with a specifi c requirement for
— Application of the Regulations to domestic clients in a proportionate way
— Approved Code of Practice (ACoP) being replaced by tailored guidance.
The consultation period closes on 6 June 2014.
HSE ACOP consultations continue
We reported above on the HSE consultation on changes to the CDM Regulations. In the
meantime the HSE continues with their consultation agenda, which includes the revisal of the
Approved Codes of Practice (ACOP) on the Provision and Use of Work Equipment Regulations
1998 (PUWER) (L22); Safe Use of Power Presses (L112) and Safe Use of Woodworking Equipment
The Löfstedt review recommended that the Health and Safety Executive (“HSE”) should review all
of the ACOPs, and an initial consultation for the review of 30 ACOPs was undertaken in 2012.
More than 92% of respondents to the Löfstedt consultation agreed the ACOPs relating to the
Provision and Use of Work Equipment Regulations (PUWER) - Provision and Use of Work
Equipment (L22), Safe Use of Power Presses (L112), and Safe Use of Woodworking Equipment
(L114) – needed to be revised and updated. This led to the HSE launching a consultation on the
L22, L112 and L114 on 31 March 2014.
The HSE have stated that 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 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 2012 consultation also highlighted that L114 dealt with
safety, but not health, despite dust being produced in woodwork being a signifi cant health risk.
The revised version of L114 deals with health issues arising from woodworking machinery.
The consultation period closed on 25 May 2014.
New appointments at HSE
The Health and Safety Executive have announced two new senior appointments into key
positions. Susan Mackenzie, the current head of the HSE’s Energy Division has been promoted to
become the HSE’s director of Hazardous Installations Directorate (HID). HID oversees the
regulation of major hazard industries, where failures in risk management can cause catastrophe
to both workers and the public.
David Snowball, current regional director for Scotland and Northern Ireland, has been appointed
Director of Field Operations (FOD). FOD regulates a wide range of sectors, including construction,
agriculture, general manufacturing, engineering, food and drink, quarries, entertainment,
education, health services, local and central government and domestic gas safety.
New guidance for the docks industry
A new Approved Code of Practice and corresponding guidance has been produced by the Health
and Safety Executive for the docks industry. The ‘Safety in Docks: Approved Code of Practice and
guidance – L148’ (“ACoP”) replaces the Approved Code of Practice (COP25), which has been
withdrawn as part of the revocation of the Docs Regulations 1988.
The new ACoP aims to be more concise in an attempt to make it easier for dutyholders to comply
with the Health and Safety at Work etc. Act 1971, and other relevant legislation, and also applies
to activities occurring in both large and small docks.
Supplementary guidance prepared by Port Skills & Safety with assistance from Unite, is also
available at the following location:
6 | Health and Safety Newsletter: May 2014
Salvage fi rm prosecuted after half tonne car drops on mechanic
North End Salvage Services Limited, a company based in Stalybridge, has been fi ned following
a HSE investigation after a man was seriously injured when a car fell onto him from a forklift
truck in September 2012. The man suffered extensive injuries including broken bones in his
back, a fractured pelvis and a collapsed lung.
The HSE investigation found the company had failed to carry out annual servicing of the
forklift, and it had numerous faults. The investigation determined the forklift was not safe to
use, and that the injured man had been allowed to climb underneath a car while it was being
lifted by the forklift to drain the fuel tank.
North End Salvage Services Limited was fi ned £5,000 and ordered to pay £6,000 in costs,
following a guilty plea to breaches of the Health and Safety at Work Act 1974, Provision and
Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment
Further information on preventing injuries caused by workplace vehicles is available at the HSE
Firm fi ned after worker killed by concrete beam
Bouygues UK Ltd, the principal contractor for a hospital construction project in Essex, has been
fi ned £175,000 and ordered to pay £80,000 in costs after a worker was killed by a concrete
The man was working as a banksman, and was fi xing beams across supporting towers to form
part of the new concrete structure of the building. These beams were lifted from ground level by
tower crane with the man climbing the supporting towers to unhook the lifting chains from the
seven metre long beams.
The man was crushed to death between the beam and an adjacent tower when wind speeds
reached unsafe levels and the cranes slew brakes slipped, causing the crane to swing the beam
The HSE investigation found that wind speeds had reached in excess of 72km/h, with each crane
at the site being fi tted with a wind speed sensor – an amber warning is issued at 50km/h and a
red warning at 72km/h wind speed. A computer in the site offi ce was linked to the sensors,
however these were not being monitored at the time of the incident and the crane operators
were responsible for their own wind speed displays.
The HSE found that there was inadequate planning and supervision of the lifting activities and,
had one been in place, the deteriorating weather conditions would have been considered and the
crane operation postponed.
The company pled guilty to breaching Regulation 8 of the Lifting Operations and Lifting
Sixth Corporate Manslaughter Conviction
A cleaning company has been found guilty of corporate manslaughter following the death of a
worker in March 2012.
The man died when he was crushed by a road sweeper, whilst carrying out repairs to the
machine. It is said that he was not trained in mechanics, there was no protection available and
the light on site was poor. A joint police and HSE investigation was carried out following the
incident highlighting extensive failings on the part of the company.
The company, Mobile Sweepers (Reading) Ltd pled guilty to a charge under section 1 of the
Corporate Manslaughter and Corporate Homicide Act 2007 and the company director admitted
failing to discharge duties under the Health and Safety at Work Act 1974. The company
director was fi ned £183,000 and the company was fi ned £8,000 and ordered to pay £4000
costs. It has been reported that payment is to be made within 12 months, failing which a three
year custodial sentence will be imposed.
The company director has also been disqualifi ed from being a company director for fi ve years.
This followed evidence heard by the judge, that the director had started an almost identical
company when the original company ceased trading on the day of the accident. Further, a
publicity order was also imposed on the company. Notices worded by the judge are to be
placed in various local newspapers.
The judge further commented that had the company been a larger corporation, the fi ne
imposed would have been closer to £1 million.
Building contractors expose workers to asbestos dust
A building contractor based in Bath has exposed two workers to asbestos dust while carrying out
work on a residential property. Geoff Thomas and Son Ltd pled guilty to two breaches of the
Control of Asbestos Regulations 2012 and were fi ned a total of £5,000 and ordered to pay costs
The company had been contracted to replace the basement ceiling of the building, and allowed
the two workers to demolish the basement with hand tools without performing adequate checks
for the presence of asbestos. When the possibility of asbestos in the roof was detected by the
company, the workers were sent on other jobs without decontaminating their clothes or tools.
Regulation 5 of the Control of Asbestos Regulations 2012 states: “An employer must not
undertake work in demolition, maintenance or any other work which exposes or is liable to
expose employees of that employer to asbestos in respect of any premises unless that employer
has carried out a suitable and suffi cient assessment as to whether asbestos, what type of
asbestos, contained in what material and in what condition is present or is liable to be present in
those premises; or if there is doubt as to whether asbestos is present in those premises, that
employer assumes that asbestos is present, and that it is not chrysotile alone, and observes the
applicable provisions of these Regulations.”
8 | Health and Safety Newsletter: May 2014
Further, regulation 16 of the Control of Asbestos Regulations 2012 states: “Every employer must
prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably
practicable the spread of asbestos from any place where work under the employer’s control is
The HSE investigation found the company had failed to perform suffi cient assessment for the
presence, and failed to prevent the spread of, asbestos.
Aberdeen fi rm fi ned after worker seriously injured by falling
A demolition fi rm based in Aberdeen has pled guilty to breaching Regulation 29 of The
Construction (Design and Management) Regulations 2007, after a worker was severely injured
by falling cast iron guttering. The man suffered a broken right arm, seven ribs and one
vertebrae – his lung was also punctured.
The man had been carrying out work in close proximity to the guttering which fell and struck
him. The guttering had been left unsupported for two days prior to the incident.
The HSE investigation found Lawrie (Demolition) Limited did not have in a place a suitable
procedure to identify hazards that might arise as the demolition works progressed, nor did
tthey adequately plan and implement exclusion zones in locations whereby materials could fall.
The HSE stated that there is no room for complacency in demolition work and regular risk
reviews are essential for site safety. Peterhead Sheriff Court imposed a fi ne on the company
More information about safe construction work can be found at: http://www.hse.gov.uk/
First prosecution under the Specifi ed Animal Pathogens Order
An animal disease research facility has been prosecuted by the Health and Safety Executive for
breaching the Specifi ed Animal Pathogens Order (SAPO) 2008, the fi rst time the legislation has
The Specifi ed Animal Pathogens Order 2008 (as amended) prohibits any person from having in
their possession any Specifi ed Animal Pathogen listed in the Schedule to the Order (for example,
avian fl u or rabies) or any carrier in which he/she knows such a pathogen is present, and from
introducing into any animal any pathogen listed in the Schedule, except under the authority of a
licence. Foot-and-mouth disease (“FMD”) is a ‘Specifi ed Animal Pathogen’ for the purposes of
Two incidents occurred in November 2012 and January 2013 at the Pilbright Institute in Surrey,
within a contained facility housing animals infected with FMD. The two incidents occurred when
a ventilation system, which was designed to create a ‘negative pressure’, was operated in a
different manner to usual. The usual practice for such a facility involves maintaining differential
negative pressures, allowing air containing FMD to be drawn from ‘clean’ areas into ‘dirty’ ones,
before being fi lter-cleaned – this would prevent FMD escaping from the facility into the air.
Any changes to the way such a facility operates must be agreed in advance with both the HSE
and the Department for Environment, Food & Rural Affairs (“DEFRA”). In these two incidents, this
did not take place, and as a result, the protective measures were compromised and the negative
air pressure was compromised. In November 2012, there was no effective alarm system in place
to warn staff of the loss of negative air pressure, and this incident only came to light after
investigation into the January 2013 incident.
There was no evidence FMD was released into the outside environment, however due to the
shortcomings in control and non-compliance, the nature of the facility and the highly contagious
nature of FMD, the decision was taken to prosecute.
The facility was fi ned a total of £22,350 and ordered to pay £50,000 in costs after pleading guilty
to 8 breaches of the 2008 Order, including breaches of the licence granted under the Order.
10 | Health and Safety Newsletter: May 2014
Focus on: North Sea Helicopter Accident FAI
The fi ndings of the Fatal Accident Inquiry into a 2009 helicopter crash in the North Sea were
announced on 13 March 2014, following a six week inquiry in January, heard in Aberdeen.
On 1 April 2009, the Super Puma helicopter AS332 L2 G-REDL crashed into the North Sea
while returning to Aberdeen from the BP Miller platform, causing the deaths of all 16 men on
board. Prior to the accident the helicopter fl ew from Aberdeen to the Miller Platform. Most
passengers described the fl ight as normal however a few thought they heard a strange noise
5-10 minutes before landing but did not consider is suffi ciently abnormal to report it.
In March 2013, Crown Counsel took the decision that criminal proceedings would not take
place due to insuffi cient evidence. The Crown Offi ce have clarifi ed that the evidence presented
during the Fatal Accident Inquiry has not altered the insuffi ciency of evidence and so this
decision remains the correct one. This decision has been criticised by the families of the
deceased who have called for a public inquiry into the fi ndings of the Fatal Accident Inquiry.
In October 2011, the Department of Transport’s Air Accident Investigation Branch (AAIB)
published an extensive report into the accident following a thorough investigation with
assistance from the European Aviation Safety Agency (EASA) and the UK Civil Aviation
Authority (CAA). The catastrophic failure of the Main Rotor Gearbox following fatigue fracture
of a second stage planet gear in the epicyclic module was found to be the causal factor. In
addition three additional contributory factors were identifi ed:
1. Upon the discovery of a magnetic particle on the epicyclic module chip detector on 25 March
2009, 36 fl ying hours prior to the accident, the particle was not recognised as an indication of
degradation of the second stage planet gear, which subsequently failed.
2. After 25 March 2009, the existing detection methods did not provide any further indication
of the degradation of the second stage planet gear.
3. The ring of magnets installed on the AS332 L2 and EC225 main rotor gearboxes reduced the
probability of detecting released debris from the epicyclic module.
On the basis that no party to the Inquiry questioned the technical data within that report, the
Inquiry was limited to two key questions: (1) why did the accident happen; and (2) what has
been done and, if appropriate, what more can be done to avoid such an accident happening
again? Having heard all the evidence, Sheriff Principal Derek Pyle, presiding over the Inquiry
concluded that on the balance of probabilities the spalling in the gearbox was the probable
cause of the accident.
Bond Offshore Helicopters Ltd, owners of the helicopter, admitted to three maintenance and
inspection failures prior to the crash:
1. Failure to follow the maintenance manual procedure upon discovery of a metal particle on
the helicopter’s epicyclic chip detector.
2. Failure to ensure communications with the manufacturer were carried out in a manner
complying with protocol, causing a misunderstanding between the parties.
3. Failure to identify the nature and substance of the metal particle on 25 March 2009 which
may have prevented the failure to follow the maintenance manual.
The Sheriff Principal concluded that though it had not been proved that the accident would not
have occurred in absence of one or more of these failures, it remained a possibility that it
“might have been avoided.”
The following recommendations were also made:
— The European Aviation Safety Agency’s proposals to improve the ability to avoid
catastrophic failures of primary structures should be introduced as soon as possible.
— Alternative methods of oil analysis of Super Puma helicopters should be considered.
— Research and development into reducing the risk of spalling in helicopter gearboxes should
12 | Health and Safety Newsletter: May 2014
The UK’s offshore environment can be exceptionally demanding, perhaps nowhere more so than
in relation to helicopter traffi c. There are more than 25,000 people working offshore and over a
million passengers fl ying by helicopter in the North Sea in any given year.
Between 1976 and 2013, the UK alone experienced 73 offshore helicopter accidents, with 13
associated fatalities. In the past four years alone, there have been fi ve accidents involving
helicopter operations, two of which resulted in fatalities.
Aberdeen, as the ‘oil capital of Europe’, is regrettably familiar with these kind of incidents,
including the recent ‘Super Puma’ tragedy on the 23rd of August 2013 in which a helicopter
crashed off the coast of Shetland with the loss of 4 lives. As a result of this incident, the Civil
Aviation Authority (the regulator of the UK’s aviation industry) announced a review, known as
CAP 1145, which was published on the 20th of February 2014.
The recommendations from June 2014
The report made several recommendations:
— From June 2014 helicopter operations will be limited when sea conditions at the helicopter’s
destination reach ‘sea state 6’ – a wave height of 4-6 metres.
— From September 2014 passengers will only be able to fl y if they are seated adjacent to an
emergency exit. This was originally scheduled for June 2014, but has been delayed following
consultation with the industry.
— From September 2014 helicopters will be limited from fl ying where sea states exceed the
helicopter’s certifi ed ditching limits.
— From January 2015, all passengers must have improved Emergency Breathing Systems (EBS).
This was originally scheduled for April 2016, but has been brought forward by the CAA.
— From April 2015 helicopters may not carry passengers whose size, including the relevant
survival equipment, is too large in comparison with the size of the push-out window
These measures will effectively reduce the seating capacity of some types of helicopter by
around 40%. Less capacity may necessitate businesses operating offshore chartering more
fl ights. If there are more fl ights on one of the riskiest areas of the offshore process, we wonder
whether actually reducing the number of passengers travelling could increase risk. The oil and
gas industry already suffers a high amount of ‘no fl y’ days and this will only increase with the
introduction of these rules, especially in winter, resulting in potential operational, cost and
It is not too farfetched to believe some fi elds may even be decommissioned earlier than they
would have otherwise, as they will be simply uneconomical to operate given an increase in
Focus on: ‘Too Wide for Windows’; Implications of CAA
Notably the restrictions on the number of passengers per aircraft (due to the requirement to sit
next to an emergency exit) can be avoided, provided all passengers are issued with new
emergency breathing apparatus and the aircraft is fi tted with Emergency Floatation Devices
(“EFDs”), which allow it to fl oat on its side in the event of a ditching. At present, most offshore
aircraft are fi tted with EFDs, however fi tting EFDs which allow a helicopter to fl oat on its side
poses additional challenges – the technology is still at the development stage and it could take
months, or even years until this technology is implemented.
On the employment aspects of these changes, many companies operate a “2/3” rota system
but given that aircraft are already at a premium, this restriction in combination with the
prohibition on fl ying in ‘bad’ weather conditions could lead to longer rotations being proposed
for offshore workers (or at least, equal time rotas).
Furthermore, there are around 25,000 offshore workers in the industry – even if companies do
purchase equipment for every person (which would be an expensive exercise), it would take a
huge amount of time to train 25,000 people to operate the equipment safely and effectively.
If employees, from April 2015, are too big to fl y, employers will of course have to act in
accordance with employment laws. Clearly the employee will be unable to carry out his
substantive role whilst he is oversized as he will be prevented from fl ying offshore.
Having been kept off the platform, employers will be expected to work with those employees
to reduce their size, with a view to reducing to an appropriate level. However this potentially
results in fi nancial loss for the employee whilst the process is ongoing and productivity loss for
Ultimately if such reduction is not possible or forthcoming, employers will be required to look
into alternative roles, either offshore but not involving helicopter fl ights, and/or onshore roles
(at the appropriate salary and benefi ts attached to that role). These can be offered to the
employee but whilst he will be under no obligation to accept a different role from that he was
employed in the consequences of not being able to do his offshore role, coupled with a refusal
to do an alternative may, in the end, lead an employer to have to make a tough decision
regarding the future employability of that individual.
In all these areas, the best thing that employers can be doing at this stage is to prepare.
Employers should review the logistics provision, what they intend to do with regard to rebreather
equipment, examine training on that equipment, consider rota systems and start
having what will inevitably be, diffi cult conversations with their workforce.
14 | Health and Safety Newsletter: May 2014
Updated blowout preventer guidelines promote industry best
Oil and Gas UK have released the second issue of the Blowout Preventer (“BOP”) guidelines for
offshore wells within the UKCS in an attempt to improve cross-industry understanding of
Issue one included guidance for operators, drilling and well service companies for operating
sub-sea BOPs. Issue two also includes guidance for offshore surface BOPs.
Oonagh Werngren, Oil & Gas UK’s operations director, said: “The publication of this document
is an excellent example of what can be achieved through collaborative work across the industry.
It demonstrates the commitment of Well Life Cycle Practices Forum (“WLCPF”) members,
together with the Department of Energy and Climate Change to continually reviewing and
improving safety and performance in all aspects of well practices.”
WLCPF is a permanent body co-ordinated by Oil and Gas UK, which emerged as the UK’s
response to the Deepwater Horizon incident. WLCPF will outline the evolution of well practices
and highlight the latest updates on both BOP and well integrity guidelines at the Oil and Gas
Industry conference on June 11 and 12 at Aberdeen’s Exhibition and Conference Centre.
Control of Major Accident Hazards Regulations 2015
The Health and Safety Executive have opened a consultation on the draft Control of Major
Accident Hazard Regulations 2015 (“COMAH Regulations”).
The proposed new COMAH Regulations would replace the existing 1999 COMAH Regulations
from 1 June 2015 – the date by which the Council Directive 2012/18/EU (“Seveso III Directive”)
must be implemented within the UK. The COMAH Regulations aim to ensure risks are managed
and controlled in a safe and sustainable manner.
The COMAH Regulations cover a variety of industrial facilities which may pose major risks to
their workers, the environment or to neighbouring facilities due to a) the nature; and b) the
quantity of substances present at the facility. Examples of facilities include water treatment
facilities and oil and gas refi ning and storage facilities.
The proposed COMAH Regulations would implement the Seveso III Directive completely (except
the Land Planning aspects). One of the more signifi cant changes involves a move from the
Chemicals (Hazard Information and Packaging Supply) system currently in place, to the new UN
Classifi cation, Labelling and Packaging (CLP) regime. Further, all sites to which the COMAH
Regulations apply must make certain information about their sites and hazards permanently
and electronically available to the public.
Oil and Gas News
The consultation opened on 2 May 2014 and will run until 27 June 2014. Those interested in
responding should do so to the below address:
Health and Safety Executive
The Wood Review: Maximising recovery in the UKCS
On 10 June 2013 Edward Davey MP, Secretary of State for Energy and Climate Change,
announced a review of UK offshore oil and gas recovery and its regulation, led by Sir Ian Wood.
The fi nal report was published on 24 February 2014, making several core recommendations to
maximise recovery of hydrocarbons within the UKCS, including:
— A new shared strategy for “maximising economic recovery (of oil and gas) for the UK”, with
commitment from the government (HM Treasury and a new Regulator) and the oil and gas
— The creation of a new arm’s length regulatory body to oversee and develop this programme of
change and growth; and
— A greater collaboration and commitments by industry in areas such as development of regional
hubs, sharing of infrastructure and reducing the complexity and delays in current legal and
Sir Ian Wood believes that if these recommendations are implemented, an additional £200bn
could be generated for the UK economy over the next 20 years, stemming from an additional
3-4 billion barrels of oil and gas recovered from the UKCS.
Since oil and gas was fi rst discovered in the North Sea, 42billion barrels have been recovered.
But, while the short-term prospects are good, with investment at record levels, the UK
Continental Shelf faces unprecedented challenges. Tax revenues from oil and gas in 2012-13 were
£4.7bn lower than the year before – a drop of more than 40%, according to the UK Government
16 | Health and Safety Newsletter: May 2014
Health and Safety - what we do
CMS Cameron McKenna is recognised as a leading fi rm 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, including:
— Health and Healthcare
— Global Health and Safety Advice
— Hotel and Leisure
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
diffi cult 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, every
day of the year. Our team is qualifi ed to practise in England, Wales and Scotland but also regularly
advises clients in relation to international working practices and health & safety matters in other
Our clients come to us for advice on:
— Emergency Response
— Health and Safety prosecutions
— Crisis Management
— 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 documentation
— Safety aspects of projects and property management
— Due diligence in corporate acquisitions/disposals
— Directors’ and offi cers’ 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-profi le and complex Inquiries to have taken place in relation to offshore incidents.
— Obtaining the fi rst 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 & 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
— Undertaking transactional due diligence in relation to Health and Safety matters.
— 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 following incidents.
— Advising clients in the immediate aftermath of an incident and providing emergency response
— Advising clients in relation to protestor action and possible responses thereto.
— Successfully defending environmental prosecution.
For more information, please contact:
T +44 (0)20 7367 3000
M +44 (0)7811 362201
T +44 (0)1224 267138
T +44 (0)1224 267150
T +44 (0)131200 7500
Emergency response hotline: 0333 20 21 010
18 | Health and Safety Newsletter: May 2014
Rio de Janeiro
CMS Cameron McKenna’s free online
Receive expert commentary and analysis on key legal
issues affecting your business.
Register for free email alerts and access the full
Law-Now archive at www.law-now.com
CMS Cameron McKenna LLP
160 Aldersgate Street
London EC1A 4DD
T +44 (0)20 7367 3000
F +44 (0)20 7367 2000
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