Archive for July, 2012

Safety of Sports Grounds (Designation) (No.2) Order SI 2012/1666

This Order came into force on 20 July 2012 and applies to England and Wales.
It designates Highbury Stadium, occupied by Fleetwood Wanderers Limited, and New York Stadium, occupied by Rotherham United Football Club Limited, as sports grounds requiring a safety certificate under the Safety of Sports Grounds Act 1975.

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Corporate Manslaughter and Corporate Homicide (2007 Act) (Commencement) Order (Northern Ireland) SR 2012/286

This Order applies to Northern Ireland only and will bring part of the meaning of “relevant duty of care” contained in the Corporate Manslaughter and Corporate Homicide Act 2007 into force on 3 September 2012.
As such, a “relevant duty of care” will include a duty owed to someone for whose…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Smoke-free (Signs) Regulations SI 2012/1536

These Regulations will come into force on 1 October 2012 and apply to England only.
They are made in accordance with the Health Act 2006 and revoke and replace the Smoke-free (Signs) Regulations SI 2007/923 in order to relax the requirements connected with smoke-free signs.
In particular, they replace the detailed specifications…

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Product Safety (Revocation) Regulations SI 2012/1815

These Regulations will come into force on 1 October 2012 and apply to England, Scotland, Wales and Northern Ireland.
They revoke various pieces of legislation and amend others relating to product safety.
Legislative background
The legislation that is being revoked was designed to tackle specific problems with specific products.
However, that legislation is not…

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Safety of Sports Grounds (Fees and Appeals) (Amendment) Regulations (Northern Ireland) SR 2012/219

These Regulations came into force on 31 July 2012 and apply to Northern Ireland only.
They amend the Safety of Sports Grounds (Fees and Appeals) Regulations (Northern Ireland) SR 2009/289 by including new provisions that set the fees to be charged for the issue, amendment, replacement or transfer of special safety…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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How to silence the Boss

Bruce Springsteen, known as “the Boss” in the music world, was silenced at his Hyde Park concert as it ran on for too long! Organisers made the decision to turn off the microphones as Springsteen had over-run the 10.30pm curfew.

To make things worse, the Boss was in the middle of a duet with a pop Royal, Sir Paul McCartney. The decision to turn off the microphones therefore left tens of thousands of fans disappointed and angry.

However, in the aftermath of the event, a spokesman for Live Nation, the organisers, claimed that the concert was stopped because of health and safety reasons; a claim that the Health and Safety Executive (HSE) have been quick to dismiss.

The Deputy Chief Executive of the HSE Kevin Myers, who was in attendance at the concert, was disappointed that Health and Safety had once again been used as a scapegoat. In a statement on the HSE website, he said,”As a longstanding Bruce Springsteen fan and one of the crowd at Hard Rock Calling, I was doubly disappointed to hear Live Nation give 'health and safety' as the reason for cutting short Saturday's gig.

The fans deserve the truth: there are no health and safety issues involved here. While public events may have licensing conditions dictating when they should end, this is not health and safety and it is disingenuous of Live Nation to say so.”

So, if the boss runs on for too long, don't be tempted to pull the plug on the microphones, at least not in the name of health and safety.

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Lion Steel fined £480,000 for Corporate Manslaughter offence

Lion Steel Equipment Ltd, which is only the third company in the UK to be convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 since it's entry into force in 2008, has been fined £480,000 at Manchester Crown Court for one offence of Corporate Manslaughter following the death of an employee caused by senior management failure.

The Cheshire-based storage manufacturer had pleaded guilty to the offence in relation to the death of Steven Berry, 45, who died after falling through a fragile roof panel at a site in Hyde, Cheshire in May 2008.

The fine is payable in four instalments up until 30th September 2015. Lion Steel was also ordered to pay costs of £84,000 and a victim surcharge of £15.

Three of the firm's directors had originally faced charges of gross negligence manslaughter and failing to ensure the health and safety of their employees under section 37 of the Health and Safety at Work etc 1974 when the trial began on 12 June. However, at the close of the prosecution's case on 3 July, the judge ruled that the gross negligence manslaughter charges should not proceed as there was no case to answer, and formal not guilty verdicts were entered on these charges.

Under the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be found guilty of corporate manslaughter if the way in which their activities are managed or organised causes a death, and this amounts to a gross breach of a duty of care owed to the victim.

Companies convicted of corporate manslaughter are liable to unlimited fines, and the Sentencing Guidelines Council has stated a fine should “seldom be less than £500,000 and may be measured in millions”.

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Health and Safety (Fees) Regulations (Northern Ireland) SR 2012/255

These Regulations come into force on 30 July 2012 and apply to Northern Ireland only.
They revoke and re-enact the Health and Safety (Fees) Regulations (Northern Ireland) SR 2010/60, and in doing so, update the fees which must be paid to the Health and Safety Executive for Northern Ireland (HSE NI),…

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HSE Business Plan 2012-15

The Health and Safety Executive (HSE) have announced details of their business plan for 2012-15, which sets out the ambitious and challenging range of activities they will carry out over the next three years to deliver improvements in the health and safety performance of Great Britain.

The plan is a mix of continuing “business as usual” activities in many frontline areas whilst also delivering significant reform. If successful, by 2015 the HSE will have:

  • reduced and simplified the stock of regulation without reducing levels of protection;
  • made it easier for people to understand what is required, leading to increased levels of compliance;
  • devoted a greater proportion of effort where risks are highest and where they can have greatest impact;
  • continued to hold to account those who expose their employees and others to unnecessary risk; and
  • drawn a clearer distinction between real health and safety and the bureaucratic over-interpretation which gets in the way.

The HSE hope that this will lead to better leadership and implementation by employers and an even greater engagement of employees in order to prevent death, injury and ill health caused by work.

For more information, see:

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Big changes to Control of Major Accident Hazards regime

The Council of the European Union has agreed improvements to the regime imposing controls on major-accident hazards involving dangerous substances, set out in Directive 96/82/EC (the Seveso II Directive).

On 28 March 2012, it was announced that EU Member States and MEPs had agreed a revised Directive to replace Seveso II, and on 14 June the European Parliament formally backed the proposed revisions. In the final stage of approval, the European Council adopted Seveso III on Tuesday 26 June.

Seveso III will replace its predecessor in June 2015, when the new system of dangerous substances classification will come into force.

The main objectives are to:

  • align Annex 1 (defining the substances falling within the scope of the Directive) to changes in the EU system of classification of dangerous substances;
  • adapt Annex 1 to deal with situations occurring after the alignment where substances are included/excluded, that do/do not present a major-accident hazard;
  • strengthen the provisions relating to public access to safety information, participation in decision-making and access to justice, and improve the way information is collected, managed, made available and shared;
  • introduce stricter standards for inspections of installations to ensure the effective implementation and enforcement of safety rules.

For more information, see:

  • Directive 2012/18/EU, on the control of major-accident hazards involving dangerous substances.
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