Council is fined over bath death – BBC News
“The death of a 50-year-old disabled man who drowned in a bath in council-run accommodation was preventable, health and safety officials have said.”
BBC News, 23rd January 2009
Source: www.bbc.co.uk
Category: health & safety
Stop unnecessary staking says minister – Ministry of Justice
“Too many burial grounds operators are staking or laying down memorials which are not a serious risk to the public. New guidance published today by Justice Minister Bridget Prentice makes it clear this should only be done as a last resort.”
Ministry of Justice, 16th January 2009
Source: www.justice.gov.uk
MP’s victory over grave toppling – BBC News
“New guidelines to help assess the safety of gravestones after councils carried out ‘over-zealous’ topple-testing have been welcomed by an MP.”
BBC News, 20th January 2009
Source: www.bbc.co.uk
Payout for railway whistleblower – BBC News
“A rail worker has won £200,000 in compensation for being sacked after he blew the whistle on a manager who asked him to lie about an accident.”
BBC News, 14th January 2009
Source: www.bbc.co.uk
Employees warned over strict new workplace safety rules – The Times
“Careless workers and their bosses could be more likely to go to prison than muggers when new health and safety legislation comes in to force this week, lawyers have warned.”
The Times, 12th January 2009
Source: www.timesonline.co.uk
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily
“Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had taken appropriate steps to reduce the risk to the lowest level reasonably practicable, under reg 4(1)(b)(ii).”
WLR Daily, 18th December 2008
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.
Theme park fined £250,000 over ride death – The Independent
“The distraught family of the teenager who fell to her death from a white-knuckle ride condemned a £250,000 fine for the company running the theme park today as ‘far too little’.”
The Independent, 18th December 2008
Source: www.independent.co.uk
Regina v Chargot and Others – Times Law Reports
House of Lords
“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”
The Times, 16th December 2008
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
R v Chargot (trading as Contract Services) and others – WLR Daily
R v Chargot (trading as Contract Services) and others [2008] UKHL 73; [2008] WLR (D) 379
“When criminal proceedings were brought against an employer under ss 2 and 3 of the Health and Safety at Work etc Act 1974 it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, and it was not necessary to identify, allege and prove specific breaches of duty by the employer. Once that was done a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”
WLR Daily, 10th December 2008
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.
Craner v Dorset County Council – WLR Daily
Craner v Dorset County Council [2008] EWCA Civ 1323; [2008] WLR (D) 377
“Although an action for personal injuries of a school caretaker against the employer council for leaving uneven paving slabs in the school site should be brought under reg 12(1)(2) of the Workplace (Health, Safety and Welfare) Regulations 1992, if the claimant had brought his claim under reg 12(3) alleging ‘obstruction’ and the defence was simply that what had occurred was a freak or inexplicable accident which could never have been prevented or guarded against the judge was entitled to find against the council.”
WLR Daily, 8th December 2008
Source: www.lawreports.co.uk
Buncefield firms to be prosecuted – BBC News
“Five companies are to be prosecuted over the Buncefield oil depot fire, the Environment Agency has said.”
BBC News, 1st December 2008
Source: www.bbc.co.uk
Regina (Downs) v Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports
Regina (Downs) v Secretary of State for the Environment, Food and Rural Affairs
Queen’s Bench Division
“Crop spraying controls applied by the Secretary of State for the Environment, Food and Rural Affairs did not properly comply with obligations imposed by the European Union.”
The Times, 1st December 2008
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.
Power firm fined £200,000 over electrocution – The Guardian
“A power company was fined £200,000 yesterday for errors that led to a university vice-chancellor being electrocuted on a country walk.”
The Guardian, 28th November 2008
Source: www.guardian.co.uk
Early payout for Buncefield victims – The Times
“Around 270 families whose homes were damaged or destroyed in the Buncefield fire will share an initial payout of £320,000 after their lawyers reached an agreement with the plant’s operators today.”
The Times, 18th November 2008
Source: www.timesonline.co.uk
Former nursery owner is fined £35,000 after death of child – The Guardian
“The former owner of a nursery, where a toddler died after getting her neck trapped in the drawstring of a bag, was fined £35,000 yesterday for breaking health and safety regulations.”
The Guardian, 30th October 2008
Source: www.guardian.co.uk
Trust fined over scalding death – BBC News
“A healthcare trust has been ordered to pay £20,000 following the death of a man who was scalded in a bath.”
BBC News, 15th October 2008
Source: www.bbc.co.uk
Council fined over theatre safety – BBC News
“A council has been fined a maximum £45,000 after a teacher fell down a lift shaft backstage at a theatre while preparing for the Urdd eisteddfod.”
BBC News, 9th October 2008
Source: www.bbc.co.uk
Good NHS bosses can avoid falling foul of Corporate Manslaughter Act – Ministry of Justice
“NHS Trusts can comply with the new Corporate Manslaughter Act by ensuring they have effective processes in place for managing health and safety at work, Maria Eagle the Justice Minister will tell NHS leaders today.”
Ministry of Justice, 30th September 2008
Source: www.justice.gov.uk
High court challenge to stop toxic French ship arriving in Britain – Daily Telegraph
“A High Court challenge has been launched to stop a French aircraft carrier being broken up in Britain after it was deemed too toxic to be taken apart in India.”
Daily Telegraph, 3rd Septemeber 2008
Source: www.telegraph.co.uk
