Legislation updates
Corporate Manslaughter and Corporate Homicide Act 2007
Under the new Corporate Manslaughter and Corporate Homicide Act 2007 companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. This Act came into force on 6 April 2008.
The Act clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.
The new offence is not actually part of health and safety law but it has crucial implications in the corporate management of health and safety For example it would affect company car drivers who have a serious accident which is attributable to excessive fatigue from work related activities. It would also extend to production lines where there is substantial overtime. Directors, board members or other individuals will still be liable under health and safety law or general criminal law. The corporate body as well as individuals can still be prosecuted for separate health and safety offences.
With regard to driving, management responsibility covers more than just ensuring that the driver has a valid driving licence and is fully insured to drive the vehicle. There needs to be a standard safety policy which applies to all drivers using a car for work related purposes.
Electromagnetic Fields (EMF)
The EU Physical Agents (Electromagnetic Radiation) Directive 2004 was scheduled to come into force on April 30th 2008 but the EC intends to postpone this for four years - until 30 April 2012.
Electromagnetic radiation (EMR) is generated by electromagnetic fields (EMF). EMFs are produce from electrical and electronic equipment including overhead power lines, domestic appliances and mobile phone base stations and TV/radio transmitters.
Excessive exposure to EMFs can cause adverse health effects such as problems with the central nervous system, carcinogenic effects and heating of the body, however there is no conclusive evidence to support this. This directive lays down the minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to EMFs (ohz to 300Ghz) during their work. This is in accordance with the guidelines specified by the Radiation Protection Division of the Health Protection Agency.
Data Sound has taken the Physical Agents (Electromagnetic Radiation) Directive on board and this is now incorporated into Data Sound’s audit checklist for our Health and Safety Management clients. A basic risk assessment can be carried out online at www.padwizard.com. Depending on the results we can offer an initial survey/inspection with a report and recommendations or a detailed survey/assessment with a comprehensive report containing detailed advice and recommendations for serious issues. These services are both chargeable.
Link to Electromagnetic field assessment.
The Regulatory Reform (Fire Safety) Order 2005 is now law!
This Act has replaced the long standing Fire Precautions Act 1971 and also the Fire Precautions (Workplace) Regulations 1997. It is applicable to all workplaces and other non-domestic premises.
Fire certificates have now been abolished.
The main purpose of the new act is to simplify the enforcement and regulation of fire safety. Now the employer, owner or occupier will be responsible for ensuring that the arrangements for fire safety are appropriate and are adequate for the risks that exist. The onus will be on the employer, owner or occupier to provide adequate fire safety solutions.
The designated “responsible person” must organise general fire precautions to safeguard the employees and others who reasonably could be affected by an outbreak of fire within the premises. In addition a detailed risk assessment must be carried out in order to assess the risks to which people might be exposed to and to determine what precautions must be taken to eliminate, minimise and manage those risks. Also in the event of a fire, suitable provision must be made for giving a warning, means of escape and for fire fighting.
Go to Fire Safety.
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