Health and Safety (Offences) Act 2008

The Health and Safety (Offences) Act 2008 does not impose any new duties or responsibilities upon employers or individuals. It does, however, raise the maximum penalty available in the lower courts to £20,000 for most health and safety offences and, perhaps more significantly for individuals, makes imprisonment an option for offenders.

Coroners and Justice Bill

The Coroners and Justice Bill reforms the law in relation to Coroners and to the certification and registration of deaths.

Regulatory Enforcement and Sanctions Act 2008

The Regulatory Enforcement and Sanctions Act 2008 (“RESA”) has been introduced to give effect to the findings of the Hampton Review on reducing unnecessary burdens on businesses (March 2005); the Macrory Review on making regulatory sanctions more effective (November 2006) and the Government paper “Next Steps on Regulatory Reform” (July 2007).

The House of Lords judgment in Chargot

The recent House of Lords judgment in R v Chargot Ltd [2008] UKHL 73 (10 December 2008) requires careful reading by any potential defendant in a Health and Safety Prosecution.

Fatal accidents – the cost of getting it wrong

If you have a fatal incident you and yours will be subjected to a joint investigation by the Police and the Regulators who have established procedures for the investigation and prosecution of offences relating to work related deaths known as the Work Related Death Protocol (“the Protocol”). The Corporate Manslaughter and Corporate Homicide Act 2007 (“CMA”) came into force on 6th April 2008 and applies to fatal incidents occurring on or after 6th April 2008. It is not retrospective. The Protocol will continue to determine how joint investigations are undertaken and the Police will continue to have primacy.

Training

The team at Morgan Cole have devised a suggested training programme which can be delivered to individual organisations or provided on a regional network basis. Courses can be held at your premises. The length of each session depends upon your requirements and can be adapted to suit your needs.