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Pinsent Masons' Health and Safety Briefing November 2018

Welcome to Pinsent Masons' Health and Safety Briefing - a quarterly round-up of health and safety legal and business developments with analysis and commentary from the health and safety team at Pinsent Masons.

In this edition we focus on the following topics:

RIDDOR 13 review recommends expanding reportable conditions

The Health and Safety Executive's post implementation review of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations recommends that the list of reportable occupational diseases be expanded "such that it appropriately reflects the breadth of occupational diseases of interest to HSE". Read more

Universities must prioritise support for student mental health

There is growing pressure on universities to improve how they support students with mental health problems. Read more

Duty to care for student mental health has legal implications for universities

Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so. Read more

SFO will not appeal landmark litigation privilege ruling

The Serious Fraud Office (SFO) has confirmed that it will not appeal to the Supreme Court last month's ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege. Read more

Appeal court: privilege applied to internal investigation documents

Internal documents generated by the Eurasian Natural Resources Corporation (ENRC) in connection with a Serious Fraud Office (SFO) investigation into allegations of fraud, bribery and corruption were protected by litigation privilege, the Court of Appeal has ruled. Read more

Guideline for manslaughter offences issued by Sentencing Council

Those responsible for the most serious workplace fatalities can expect custodial sentences of up to 18 years, according to new guidelines issued by the Sentencing Council. The new Definitive Guideline for manslaughter offences will apply to people aged 18 and older who are sentenced on or after 1 November 2018 in England and Wales, regardless of the date of the offence. The Sentencing Council's aim in producing the Definitive Guideline is to promote "consistency in sentencing and transparency in terms of how sentencing decisions are reached". Read more

Fire safety duties for insolvency practitioners

When a business goes into insolvency, insolvency practitioners may become responsible for fire safety. Those responsibilities will change if the Hackitt Review's post-Grenfell recommendations are implemented, particularly if the insolvency involves buildings where people sleep. Read more

Victoria's cladding rectification scheme fuels liability debate

Plans to allow property owners to enter into "cladding rectification agreements" are being taken forward by the Victorian state government. The scheme has once again fuelled debate over who is ultimately responsible for the use of combustible cladding, and in particular aluminium composite panels (ACP), on buildings across Australia. Read more

Appeal restores restrictions on non-parties' access to trial documents

In what will come as a relief to parties litigating sensitive matters, the Court of Appeal has confirmed that access to trial documents by those that are not parties to a particular case is limited to 'records of the court', and does not include the likes of trial bundles nor, in general, other trial documents. Read more

No change to workplace rights if no Brexit deal

There will be no changes to UK employment and workplace rights derived from EU law if the UK leaves the EU without a formal deal in place, the UK government has confirmed.  Many existing UK workplace rights and protections are derived from EU law, including those related to working time; family leave entitlements; discrimination and harassment; transfer of business or contracts; protections for agency workers; and certain health and safety requirements. Read more

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