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Pinsent Masons' Health and Safety Briefing April 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:

GDPR engaged by work of occupational health and safety practitioners

People working in occupational health and safety roles should review how they handle personal data to ensure their practices comply with the General Data Protection Regulation which applies from 25 May 2018, with severe financial sanctions possible for breach of it.  Read more


Appeal court overturns 'manifestly excessive' health and safety fine

The Court of Appeal has reduced to £200,000 a "manifestly excessive" £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.  Read more


UK consults on tougher building fire safety standards

Plans to strengthen fire safety testing for cladding systems on residential buildings have been published for consultation by the UK government.  Read more


Manufacturers can use technology to manage health and safety risks

Manufacturers can use the latest digital technologies to manage health and safety risks better, but must be conscious of the new risks that might be introduced into their processes from implementing those technologies. Read more


Sentencing guidelines impact manufacturers more than most

Manufacturers are exposed to a greater risk of higher fines for health and safety offences than other types of businesses, according to data released by the Health & Safety Executive (HSE). The figures, which highlight the impact of health and safety sentencing guidelines that came into force in 2016, should prompt manufacturers to become more proactive in the way they address health and safety risks.  Read more


Global health and safety standards might be best for manufacturers

Manufacturers operating globally should consider applying a single set of health and safety standards across their business, with flexibility to adapt to specific local requirements, to manage risk. Read more


Employees must comply with work at height safety duties too

Two recent cases involving breaches of working at height regulations offer a clear reminder to workers of their own duties to take reasonable care for the health and safety of themselves and others.  Read more


Spikes in production require manufacturers to consider health and safety risks differently, says expert

Manufacturers can experience spikes in production that raise health and safety risks for workers. It is something the companies cannot afford to ignore.  Read more


Companies warned on internal investigations after Court of Appeal rejects privilege claim

Statements made by an employee in the context of an internal investigation did not attract litigation privilege, and therefore could be referred to by the Health and Safety Executive in a subsequent prosecution, the Court of Appeal has ruled. Read more


International health and safety standard puts emphasis on role of senior management, says expert

The new international standard ISO 45001 expects businesses to lead from the top, with a focus on strong leadership and worker participation. Read more


Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice

Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK's highest court has confirmed. Read more


Anomalies in sentencing for fire safety breaches create uncertainty

Fines for breaches of fire safety regulations are not explicitly covered by health and safety sentencing guidelines – leading to anomalies in the way in which companies are prosecuted and the ultimate fine. Read more

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