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Health & Safety

Health & Safety

IT Security - a Health and Safety Issue

The global malware attack which petrified the NHS has thrown into sharp relief that IT security is a health and safety issue.

Ransomware such as that used in the attack on the NHS and others works by blocking access to data until or unless a ransom in paid. And as we have seen, even if paid there can be no guarantee that access will be restored.

It can easily be imagined that if an organisation has no access to vital health and safety documentation such as risk assessments, lone worker systems and the like, that can only heighten operational health and safety risk.

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Burness admin

Manager Acquitted Following Landmark Safety Trial

Hand in hand with increasing levels of fines in the regulatory enforcement landscape comes an increased appetite for the prosecution of individuals along with the corporate body.
 
Directors, Company Secretaries and those in senior positions within companies can attract prosecution under Section 37 of the Health & Safety at Work Act 1974 where they have consented or connived in the corporate offence or have neglected to prevent it happening. But it is important to bear in mind that those lower down the workforce chain have responsibilities too.

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Burness admin

Sentencing Update: Scottish Power v HMA

Over the course of the last few months there has been a significant increase in the level of criminal fines imposed by courts in both Scotland and England for breaches of health and safety legislation.  For larger organisations fines which are measured in millions are the new norm.  The sudden and dramatic increase is in part due to new sentencing guidelines which came into force in England and Wales in February this year (the “2016 Guidelines").

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Burness admin

A New International Standard For Anti Bribery Controls

Updated: ISO 37001 was published on 14th October.

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Burness admin

Brexit: Vote To Leave

Brexit

While there will be both market and political turbulence which will follow on from the EU Referendum result being to leave the EU, in our view it is important to bear the following points in mind:

  • A ‘Leave’ vote does not tell us anything about the arrangements with the EU that we will end up with. It doesn’t even tell us what the UK would seek in that respect. 
    • While examples of what others have achieved (in Norway, Switzerland, Turkey and Canada) have been much quoted in the arguments made in the run up to the Referendum, they are no more than that.

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Burness admin

Brexit: How Much Impact Would It Really Have On The UK’s Regulatory Sphere?

Fran Hutchison

To Brexit or not to Brexit? That is the question. The impact of Brexit has now been widely discussed and various “helpful” studies and reports have been published by government bodies, think tanks and other interested parties, each setting out statistical analysis in support of either the leave or remain campaigns. With so much being said about Brexit, and so much of it contradictory, it would be easy to decide that you are sick of hearing about “it” and cast your vote on 23 June without really considering the issues.

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LChalmers

Should Schools Ban Tackling In Rugby?

Ashok Rebello

This week a group of more than 70 doctors, health and sports experts wrote an open letter to ministers calling for a ban on tacking in rugby in schools, with non-contact forms of rugby being played instead. They cite the increased risk of injuries “which include fractures, ligamentous tears, dislocated shoulders, spinal injuries and head injuries can have short-term, lifelong and life-ending consequences for children.”

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LChalmers

First Company Convicted Under Section 7 of UK Bribery Act

Lynne Gray

19 February 2016: Sweett Group PLC (“Sweett Group”) were sentenced and ordered to pay £2.25 million [1]  in respect of offences under Section 7 of the UK Bribery Act 2010.   This represents the first conviction of a company under the UK Bribery Act nearly 5 years since it came into force and is the second enforcement of a corporate body for bribery offences by the Serious Fraud Office (“SFO”).

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LChalmers

Million Pound Fines For Health and Safety Offences Are Becoming The Norm

Within the space of a few days towards the end of January 2016, we have seen the Courts in England and Wales hand down four fines in excess of £1m for breaches of health and safety legislation:

  • C.RO Ports London Ltd was fined £1.8m.
  • Balfour Beatty Civil Engineering Ltd was fined £1m.
  • National Grid Gas plc was fined £1m.

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Burness admin

The Hazards Of Not Removing Hazard

Following Chelsea’s 2-2 draw with Swansea in their opening game of the season, controversy has (not for the first time) surrounded Jose Mourinho’s post-match reaction. The Chelsea manager could barely conceal his fury at his medical staff for going onto the field to provide treatment for Belgian midfielder Eden Hazard in the closing minutes of the match – a time when the player’s not inconsiderable skills were needed in the search for a winning goal.

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LChalmers