Tag Archives: Health and Safety

Is the UK Heading Towards a Duty on Businesses to Prevent Breaches of Human Rights?

In April 2017, the UK Joint Committee on Human Rights suggested that it might be appropriate for a “failure to prevent” mechanism, such as the one found in section 7 of the Bribery Act 2010, to be applied to business and human rights.  Earlier this year, the British Institute of International and Comparative Law (“BIICL”) … Continue Reading

CDC/OSHA COVID-19 Guidance for Meat and Poultry Industry Also Useful for Other Employers

On April 26, 2020, the US Centers for Disease Control and Prevention (CDC) and the US Occupational Safety and Health Administration (OSHA) issued interim guidance for the US meat and poultry industry.  The guidance contains a number of recommendations aimed at stemming transmission among workers in this particularly vulnerable industry, which continues to face plant … Continue Reading

Flexibility for Transactional and Regulatory Requirements in the Wake of COVID-19

In a little over a couple of months, the COVID-19 outbreak has dramatically altered the landscape of business. Companies are struggling to cope with massive uncertainty and an array of unforeseen challenges, including everything from supply chain and revenue disruptions caused by reduced consumer demand, to staffing shortages, travel restrictions, business closures, and other such … Continue Reading

WEBINAR April 21 – US ESH Webinar Series – COVID-19: Safety and Health Law on the New Frontier

While COVID-19 has turned everyone’s focus toward safety and health generally, it has forced US employers specifically to focus on the safety and health of their employees during an unprecedented time. Employers in the US have common law and statutory duties to ensure safe workplaces, but the COVID-19 pandemic has greatly disrupted many of the … Continue Reading

For Employers: Coronavirus and US Safety and Health Law

The coronavirus, and the illness caused by the coronavirus, COVID-19, are dominating headlines, stock markets and daily conversation.  They are also raising many questions—and employers in the U.S. are facing one such critical question:  How do we help ensure the health and safety of our employees?  Squire Patton Boggs helps provide some answers below.… Continue Reading

June 2019 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our June edition, we summarise 34 developments in the environmental, safety and health sector.  Some of the top stories this month include: A food grain storage … Continue Reading

Local Control in the US Gaining Steam … Again?

On Tuesday, April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181 (SB19-181) into law.  SB19-181 was a controversial bill as it made its way through the Colorado Legislature, and it is now a controversial piece of legislation.  Indeed, SB19-181 passed the Colorado Legislature strictly along party lines, and it has now pitted some … Continue Reading

November 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the November edition, we summarise 35 developments in the environmental, safety and health sector. Top stories this month include: The Institute of Safety and Health responding to the Sentencing … Continue Reading

MPs Recommend Giving UK Local Authorities Power to Charge Employers for Health and Safety Enforcement Action

There has been a general decline in health and safety inspection and enforcement by local authorities since 2010 principally due to reduced funding and competing priorities, according to the All-Party Parliamentary Group on Occupational Safety and Health (APPGOSH). According to their recent report, “Local Authorities and Health and Safety”: the overall number of inspections and … Continue Reading

June 2018 Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. This month we review 40 new developments that may be of interest to those in the environmental, safety and health sector, including: BUPA was fined £3 million after … Continue Reading

UK Health and Safety Offences – No Two Cases Are The Same

The recent UK Court of Appeal judgement in the case of R v Whirlpool UK Appliances Limited provides a useful analysis on the approach that courts should take when sentencing “very large organisations” under the Sentencing Council’s Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences (“the Guideline”).… Continue Reading

Health and Safety Sentencing in the UK: A Border Divide?

The Definitive Guideline for Health and Safety Offences, which came into force on 1 February 2016 (2015 Guideline), must be applied when sentencing cases in England and Wales. Being separate and distinct legal jurisdictions, the courts of Scotland and Northern Ireland are not bound to follow the 2015 Guideline. Historically, Scottish courts have still recognised … Continue Reading

Asbestos-Containing Materials: A Non-Scope Consideration Worth Investigating During Environmental Due Diligence

A common question that arises when performing environmental due diligence on commercial real estate is the degree to which the presence of asbestos-containing materials (ACMs) should be investigated.  In the case of ACMs, “what you don’t know can hurt you” and, therefore, the old axiom of “less is more” does not apply.  This is especially true regarding asbestos not only … Continue Reading

UK Sentencing Council: Further Consultation On New Guidelines for Guilty Plea Credit

In the wake of the UK’s more prescriptive approach towards sentencing adopted in the recent Definitive Sentencing Guidelines which came into force on 1 February 2016, the UK Sentencing Council has now turned its focus to the guidelines regarding the credit available for the entering of a guilty plea in criminal cases. The Sentencing Council … Continue Reading

New health and safety sentencing guidelines published today – Huge increase in fines in England and Wales expected to follow

The Sentencing Council published draft sentencing guidelines for health and safety, corporate manslaughter and food safety and hygiene offences on 13 November 2014. Following the closure of its consultation period on 18 February 2015, the Sentencing Council has today, 3 November 2015, published the new definitive guidelines along with supporting documents, including the response to … Continue Reading

Risky Business: Health and Safety in the UK Hotel Industry

There have been a significant number of cases reported in the press recently in relation to hotels that are being prosecuted for health and safety breaches. The increased visibility of such cases highlights a need for stronger emphasis on compliance within the industry. The reality of health and safety risks faced by the hotel industry … Continue Reading

UK Employers Beware: Health & Safety and Unfair Dismissal

In Newbound –v- Thames Water the Court of Appeal has recently upheld the ruling of the Employment Tribunal that Mr Newbound had been unfairly dismissed for gross misconduct despite his breaching company health and safety rules. The case highlights the difficulties faced by employers trying to enforce compliance with new health and safety procedures, but … Continue Reading

US Supreme Court Holds that Agencies Are Not Required to Comply With Notice and Comment Requirements When Revising Interpretative Rules

This month, in Perez v. Mortgage Bankers Association, the US Supreme Court overturned the D.C. Circuit’s Paralyzed Veteran doctrine, rejecting nearly 20 years of precedent requiring federal agencies to abide by notice-and-comment rulemaking procedures when they substantially alter an “interpretive” rule. However, the decision also hints that even broader changes may be afoot.  Writing in … Continue Reading

UK Magistrates’ Courts granted the power to impose unlimited fines

The long awaited Section 85 of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the “Act”), which removes the fine limits that Magistrates’ Courts can impose for serious offences, came into force on 12 March 2015, meaning that for certain serious offences committed on or after 12 March 2015, the Magistrates Court can … Continue Reading

MSHA Launches Aggressive Fatality Prevention Initiative in US Metal /Non-Metal Mines

The Mine Safety and Health Administration (MSHA) is rolling out an aggressive fatality prevention initiative in response to a spike in fatalities at metal and non-metal (MNM) mines over the last sixteen months.  Since October 2013, 37 MNM miners have lost their lives, more than double the number of MNM fatalities in the previous three … Continue Reading

Environmental Regulation and Nanotechnology in the UK and EU: Challenges, Risks and Rewards

What is Nanotechnology? Nanotechnology is a generic term used to describe the design, engineering, production and use of substances and materials at the nanoscale (1 nanometre representing 1 billionth of a metre).  To illustrate, one sheet of standard paper is approximately 100,000 nanometres thick and one nanometre is roughly how long a human fingernail will … Continue Reading

Appeals against health and safety enforcement notices – The role of the UK Employment Tribunal

Regulators in the UK often serve enforcement notices on companies as a means of securing compliance with health and safety legislation. Inspectors can serve either an improvement notice (which require a breach to be remedied within a specified period) or a prohibition notice (which direct that an activity must be suspended until matters giving rise … Continue Reading
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