“Dozens of people who had set up a peace camp opposite the House of Commons to protest against the wars in Iraq and Afghanistan were evicted yesterday after officials claimed they had turned the area into a health hazard.”
The Guardian, 18th August 2007
Source: www.guardian.co.uk
Ingredients of safety at work offence by officer
“An offence was committed by an officer of a body corporate which broke health and safety laws through his behaviour if he either knew of the relevant facts giving rise to the offence, or if he did not know, should by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place.”
The Times, 13th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A head teacher found guilty of a health and safety breach after a boy fell and later died has said the case could have “profound implications” for teachers.”
BBC News, 1st August 2007
Source: www.bbc.co.uk
“An offence committed by a body corporate under the Health and Safety at Work etc Act 1974 was attributable to neglect by an officer of that body (or person acting in such a capacity), thereby amounting to an offence by that officer under s 37(1) of the 1974 Act, if the officer either knew of the relevant facts giving rise to the health and safety offence or, if he did not know, should by reason of the circumstances have been put on inquiry as to whether the relevant safety procedures were in place.”
WLR Daily, 11th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily sumamry is removed.
Ellis v Bristol City Council [2007] EWCA Civ 685
“The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”
WLR Daily, 6th July 2007
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
‘Practicable’ health and safety duty is sufficient for EU Law
“The fact that the duty on United Kingdom employers to ensure the health, safety and welfare at work of all employees was imposed only “so far as is reasonably practicable”, did not entail an infringement of European Community law.”
The Times, 25th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Because, inter alia, the provision in art 5(1) of Directive 89/391 imposing a duty on employers to ensure the safety and health of workers did not require employers to be subject to no-fault liability, the Commission of the European Communities had not established that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do that only ‘so far as is reasonably practicable’, the UK had failed to fulfil its obligations under art 5(1) and (4) of the Directive.”
WLR Daily, 14th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“European laws protecting the health and safety of workers are being applied correctly in the UK, European judges ruled today.”
The Times, 14th June 2007
Source: www.timesonline.co.uk
Trussing chickens is not manual handling
Hughes v. Grampian Country Food Group Ltd.
Court of Sesssion, Inner House
“A process worker trussing chicken carcasses was not performing a manual handling operation for the purposes of the Manual Handling Operations Regulations (SI 1992 No 2793).”
The Times, 4th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Orchestras may be asked to rehearse and even to perform more quietly under new health and safety regulations.”
The Times, 1st June 2007
Source: www.timesonline.co.uk
“Convictions of companies for construction site deaths have fallen by 75 per cent, although the number of building workers being killed has risen, according to a study for Ucatt, the construction union.”
The Times, 27th April 2007
Source: www.timesonline.co.uk
“Confectionery giant Cadbury is to be prosecuted for producing and selling ‘unsafe’ chocolate contaminated with salmonella and unfit for human consumption last year, it was confirmed yesterday.”
The Guardian, 24th April 2007
Source: www.guardian.co.uk
Rice and another v. Secretary of State for Trade and Industry and another
“The Secretary of State for Trade and Industry as statutory successor to the obligations of the National Dock Labour Board owed a common law duty of care to dock workers who had contracted asbestos related illnesses from unloading cargoes of asbestos.”
WLR Daily, 4th April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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