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MOHSG Legal Update

MOHSG Legal Update. 31 July 2013 Natalie Puce Associate, BLM. HSE Statistics – 31 October 2012. Overall improvement Reduction in the number of fatalities Major and over three day injury totals at the lowest levels on record 551 HSE prosecutions. Lofstedt. Where is it up to?

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MOHSG Legal Update

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  1. MOHSG Legal Update 31 July 2013 Natalie Puce Associate, BLM

  2. HSE Statistics – 31 October 2012 • Overall improvement • Reduction in the number of fatalities • Major and over three day injury totals at the lowest levels on record • 551 HSE prosecutions

  3. Lofstedt • Where is it up to? • Removal of 35% of health and safety legislation • Review of all Approved Codes of Practice (ACoPs) • Strict liability?

  4. HSE National Enforcement Code • To ensure that LA health and safety inspectors take a more consistent and proportionate approach to enforcement • Specialist health and safety support and advice to LAs; • Specific sector strategies with associated national planning priorities to inform LA regulatory interventions; and • Support LA peer review of their enforcement decisions, intervention plans and professional competence

  5. RIDDOR • Changes from 6 April 2012 • Further changes to be made – October 2013

  6. Fee for Intervention (‘FFI’) • Health and Safety (Fees) Regulations 2012 • Imposes a duty on HSE inspectors to recover costs • Requirement for a ‘material breach’ • Early statistics • Appeals process

  7. HSE Review • Consultation launched on the role of the HSE • Are the functions of the HSE necessary? • If so, do they need to be by the HSE?

  8. Corporate manslaughter The story so far… • February 2011 - Cotswold Geotechnical Holdings • May 2012 - JMW Farms (Northern Ireland) • July 2012 – Lion Steel Equipment

  9. Changes to coronial law • Coroners and Justice Act 2009 • The Coroners (Investigations) Regulations 2013 • The Coroners (Inquests) Rules 2013

  10. Contact Thank you and any questions? Natalie Puce Associate, BLM t: 0161 838 3998 e: natalie.puce@blm-law.com

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