UK and EU Health and Safety Calendar

Transcription

1 UK and EU Health and Safety Calendar CMS Winter 2015

2 2 EU and UK Health and Safety Calendar: Winter 2013/14

3 Introduction This calendar covers some of the key dates for proposed and existing health and safety legislation in the EU and UK (colour-coded accordingly). For a brief explanation of the different types of EU legislation, please refer to the end of this calendar. The content is ordered as follows: 1. New UK and EU Legislation in Force 2. REACH 3. The Definitive Guideline on Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences 4. Bills in the Parliament Session 5. Bills in the Parliament Session 6. Current and Completed Consultations 7. Current Campaigns and Initiatives This calendar is provided by way of general guidance only and does not constitute legal or professional advice. While we aim for it to be as up-to-date as possible, some recent developments may miss our publication deadline and some dates may change at short notice. The calendar is not intended to cover every policy or legislative initiative, only major health and safety issues. 3

4 New UK and EU Legislation in Force 19 July 2015 Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 Regulations introduced in implementation of the Offshore Safety Directive The new Regulations bring about a number of important changes, including for the first time a requirement to integrate the management of both safety and environmental risks, and the introduction of independent verification for environmentally critical elements (as has for some time been the case for safety critical elements). Companies are now also required to produce a corporate major accident policy and there will be new duties on operators to report a range of new incidents and dangerous occurrences to the newly created Offshore Safety Directive Regulator, otherwise known as the OSDR. 19 July 2015 Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 Regulations introduced in implementation of the Offshore Safety Directive These new regulations place a requirement on the new licensing authority, the Oil and Gas Authority ( OGA ), to take account of certain considerations before granting or consenting to the transfer of a licence to search, bore for or get petroleum granted under the Petroleum Act The OGA, in conjunction with the OSDR, are required to consider the safety and environmental performance and the safety and environmental management systems and structure in respect of any licence applicant. Where details can t be provided at application stage, commitments will be 4 EU and UK Health and Safety Calendar: Winter 2015

5 checked prior to commencement of operations, including financial responsibility submissions relating to well operations. The OSDR will assess the capacity of operators to undertake their duties, and notify the OGA if the performance of the operator is considered unacceptable, in which case their appointment as operator may be terminated. Where an operator s appointment is terminated, the licensee(s) become responsible for carrying out the operator s functions, and must propose a new operator. Draft guidance on the safety and environmental requirements for licence applications and the appointment of operators is available at guidance/consultation.htm 19 July 2015 Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015 Regulations introduced in implementation of the Offshore Safety Directive The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015 amend the existing requirements in the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 to have an oil pollution emergency plan (OPEP). The 1998 Regulations require the submission of an OPEP which covers the response that an offshore installation or oil handling facility will make in the event of certain releases, including of oil. In order to meet the Directive s requirements the matters which need to be considered before the Secretary of State will approve an OPEP and the circumstances which will trigger a review of an approved OPEP have been expanded. 5

6 New UK and EU Legislation in Force 22 September 2015 The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 This Order provides for the creation of an all-scotland sheriff court to be known as the Sheriff Personal Injury Court. The Sheriff Personal Injury Court has jurisdiction extending territorially throughout Scotland for the purposes of dealing with personal injury actions for payment of a sum of money exceeding 5,000 (or below 5,000 in certain circumstances). Those certain circumstances are: where the proceedings concern an accident at work or otherwise concern personal injuries sustained in the course of work and are for payment of a sum of money exceeding 1,000; or where a Sheriff has certified that the importance or difficulty of the proceedings makes it appropriate to transfer the proceedings to the Sheriff Personal Injury Court. 1 October 2015 Health and Safety at Work, etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 These Regulations exempt self-employed persons whose work activity poses no potential risk to the health and safety of other workers or members of the public from having to comply with Section 3 of the Health and Safety at Work etc Act 1974 ( HSWA ). Section 3, HSWA requires self-employed persons to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not employed by the self-employed person are not exposed to risks to their health and safety by the self-employed person s work activity. 6 EU and UK Health and Safety Calendar: Winter 2015

7 Under the Regulations a worker will not be subject to section 3, HSWA where: 1. The worker is self-employed; and 2. The worker s activities are not listed in the Schedule to the Regulations and do not pose a potential risk to the health and safety of others (other than the selfemployed person carrying out those activities or their employees). The activities listed in the Schedule include: 1. Any work which is an agricultural activity (including forestry); 2. Any work with asbestos; 3. Any work which is carried out on a construction site; and 4. The operation of a railway. 7

8 New REACH UK and EU Legislation in Force REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) is the regime for the control and regulation of chemicals in the EU. It is co-ordinated by the European Chemicals Agency ( ECHA ) but largely enforced in the UK by the HSE, in conjunction with other government agencies. REACH is designed to provide more information on the risks of chemicals and increase confidence in their safe use. Information about hazards and safe use will have to be passed down the supply chain using improved Safety Data Sheets. While the key regulations of the REACH regime came into force on 1 June 2007, many of its provisions are being phased-in over eleven years. Businesses in a wide range of sectors are affected; it is estimated that there are approximately 30,000 controlled substances being used in the EU. The Regulations require that companies register substances where they are being manufactured or imported (from outside the EU) in quantities exceeding one tonne per year. Registration can be completed electronically using the REACH-IT tool. It involves submitting a dossier containing information on the substance, its health and/or environmental risks and the precautions that have been taken to minimise those risks. Companies affected should be planning now for registration requirements that will soon be mandatory. Failure to comply is an offence, which in the UK can be punishable by unlimited fines. Directors can also be held personally liable for breaches. 8 EU and UK Health and Safety Calendar: Winter 2015

9 REACH KEY DATES 1 December 2010 Phase 1 By this date companies manufacturing or importing the following must have registered: Substances in quantities exceeding 1000 tonnes per annum; Substances in quantities exceeding 100 tonnes per annum and classified as very toxic to aquatic organisms under the Chemical (Hazard Information and Packaging for Supply) Regulations 2009 (CHIP); and Substances in quantities greater than 1 tonne per annum and classified under CHIP as Category 1 or 2 carcinogens, mutagens or reproductive toxicants. Regulation 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (CLP) 1 December 2010 was a key deadline under Regulation 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (CLP Regulation). The CLP Regulation introduced new packaging and labelling requirements. Substances covered by the CLP Regulation should have been re-classified and re-labelled from 1 December Mixtures (e.g. paints or inks) must be re-classified and re-labelled by 1 June Since 1 December 2010, manufacturers and importers have been required to make a Classification and Labelling notification to ECHA. For substances placed on the market on or after 1 December 2010, the deadline for the notification is one month following the date the substance was placed on the market. 9

10 New UK and EU Legislation in Force If a substance was on the market prior to 1 December 2010 but taken off prior to that date, the registration deadline is one month from the substance being placed back on the market after 1 December Tonnage thresholds do not apply to CLP. Accordingly, businesses normally outside the scope of REACH (on account of dealing in small quantities) will be affected. 1 June June 2018 Phase 2 From 1 June 2013, the threshold for registration of substances has decreased from 1000 tonnes to 100 tonnes per annum. Phase 3 From 1 June 2018, the threshold for registration of substances will decrease from 100 tonnes to 1 tonne per annum. 10 EU and UK Health and Safety Calendar: Winter 2015

11 In 2012, five years after the introduction of REACH, the European Commission launched the REACH review process. A report the outcome of the REACH review has been published by the European Commission. The European Commission reached several conclusions including that REACH functions well and delivers on all objectives that at present can be assessed. However, the review also found that there are still many other opportunities for further improvement of the functioning of REACH by optimizing its implementation at all levels. Some of the key findings and recommendations are: The report makes recommendations to improve REACH implementation. These include improving the quality of registration dossiers, encouraging companies to enhance the use of safety data sheets as a central risk management tool, and addressing issues related to the transparency of cost sharing within the Substance Information Exchange Forums (SIEFs); The report recommends reducing the financial and administrative burden on small and medium sized enterprises (SMEs) to ensure the proportionality of legislation and to assist them to fulfil all their REACH obligations. The Commission will look into greater fee reductions to SMEs; There are no major overlaps with other EU legislation; Considerable efforts to develop alternative methods to animal testing have been made and will continue: since 2007, the Commission has made available 330 million to fund research in this area; 11

12 Enforcement could be improved. As this is the responsibility of the Member States, the report recommends to Member States to reinforce coordination among them and Although the report identifies a need for some adjustments to the legislation, the Commission wants to ensure legislative stability and predictability for European businesses. No changes to REACH s main terms are proposed at present. The Commission may present a legislative proposal based on the review outcomes, after consideration of all the expected socio-economic effects through a proper impact assessment process, bearing also in mind potential impacts on the next registration deadlines (1 June 2018). 12 EU and UK Health and Safety Calendar: Winter 2015

13 The Definitive Guideline on Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences The Sentencing Council of England and Wales published its Definitive Guideline on Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences for courts in England and Wales on 3 November 2015, to come into force on 1 February As expected, the guidelines confirm that a dramatic increase in fines for such offences must be anticipated. The guidelines will apply to all individual offenders aged 18 and older and to organisations who are sentenced on or after 1 February 2016, regardless of the date of the relevant offence. The guidelines aim to ensure a consistent, fair and proportionate approach to sentencing organisations or individuals convicted of corporate manslaughter, health and safety and food safety and hygiene offences. A copy of the guidelines is available at: sentencingcouncil.org.uk/publications/item/health-and-safety-offencescorporate-manslaughter-and-food-safety-and-hygiene-offencesdefinitive-guideline/. The guidelines do not stand alone in confirming there is to be a significant increase in sentencing levels in the regulatory sphere. There have been a number of landmark developments recently, not only in relation to health, safety and food offences but also environmental offences. In February 2014, the Environmental Offences Definitive Guideline was published and came into force in England and Wales in July 2014, introducing a tariff based system for sentencing of certain environment law offences, resulting in significantly higher fines. The Sentencing Council then began the development of health and safety, corporate manslaughter and food safety and hygiene guidelines and the consultation process followed, from 13 November February

14 New REACH UK and EU Legislation in Force In the meantime, the courts have demonstrated their support for the approach suggested in the guidelines, in recent health, safety and environment cases. Two judgements in particular are both considered and referred to by the Sentencing Council in drafting the guidelines. In the case of R v Thames Water Utilities Limited [2015] EWCA Crim 960 the Court of Appeal ruled on an appeal in relation to sentencing for very large organisations, something which is not defined in the Environmental Guidelines. The Court said in respect of the approach to sentencing for serious incidents affecting very large organisations: This may well result in a fine equal to a substantial percentage, up, to 100%, of the company s pre-tax net profit for the year in question (or an average if there is more than one year involved), even if this results in fines in excess of 100 million. In the earlier appealed case of R v Sellafield and Network Rail [2014] EWCA Crim 49 there was a similar message from the Court of Appeal: i.e. large companies with high turnover should expect large fines to ensure that they take compliance seriously. In light of such developments, the publication of the guidelines, as well as the response to the consultation, has been eagerly anticipated. The consultation response document comments on similarities with considerations made in the environmental guidelines, together with the importance of ensuring fines mark the seriousness of offences. The Sentencing Council states it has also had regard to ensuring that sentences are consistent with and proportionate to those for environment law offences, because similar issues exist in relation to the sentencing of organisations. It is said that the general approach outlined in the consultation has been maintained in the final version, with a number of amendments made to improve the efficacy of the guidelines. In particular, the Sentencing Council s approach, that the use of turnover or equivalent (in the case of non-commercial organisations) to identify starting points for determining means and level of fines is to be maintained. 14 EU and UK Health and Safety Calendar: Winter 2015

15 Very careful consideration must be given to these guidelines, for organisations being investigated or facing prosecution. It is clear that both the first instance and appellate courts have demonstrated their support for the approach being taken. The Sentencing Council has stated an intention to monitor the impact of the guidelines, commenting that it recognises that higher fines will not be popular with those who may have to pay them but it regards the application of the principles as fair and fundamental to sentencing. Meanwhile, although they will apply exclusively to England and Wales, a similar approach is expected in Scotland, following the establishment of the Scottish Sentencing Council on 19 October

16 New REACH UK Bills and in the EU Legislation Parliament in Force Session Household Safety (Carbon Monoxide Detectors) Bill This Bill aimed to introduce a requirement that a functioning carbon monoxide detector must be installed in all newly built and all rented residential properties. The Bill was withdrawn and will make no further progress Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill A Bill to modernise the Scottish Fatal Accident Inquiry system. It is anticipated that the Bill may be enacted by early Key provisions include: Mandatory FAIs The existing requirement for mandatory FAIs in certain types of case (including deaths in custody or in the course of employment) will be retained but will be extended to cover the death of a child under 18 years of age while kept or detained in secure accommodation. Deaths abroad The Bill confirms that where a person has died outside of the UK suddenly, in suspicious or unexplained circumstances or circumstances giving rise to serious public concern then, provided the body has been repatriated to Scotland, the Lord Advocate has discretion to hold an FAI. 16 EU and UK Health and Safety Calendar: Winter 2015

17 Location The Bill will allow an FAI to take place in any sheriffdom in Scotland. The aim is to provide greater flexibility and avoid delay. New evidence The Bill contains a new power to allow the Lord Advocate to initiate new FAI proceedings if new evidence becomes available, where it is highly likely that the Sheriff s findings would have been materially different and it is in the public interest for further proceedings to be held. Eight week deadline for responding to recommendations The Sheriff will be entitled to make recommendations at the conclusion of the FAI. The Bill places a new obligation on recipients of recommendations to provide a written response to the Sheriff s recommendation within eight weeks of receipt of the determination. The response must state what has been done, or if they have decided to do nothing, their response must set out the reasons for that decision. There is no sanction for a failure to respond, but any lack of response will be made public. 17

18 Bills in the Parliament Session Department of Energy and Climate Change (Abolition) Bill This Private Members Bill is intended to abolish the Department of Energy and Climate Change and absorb its functions into the Department for Business, Innovation and Skills. The Bill is expected to have its second reading debate in the House of Commons on 22 January Health and Safety Executive (Powers) Bill This Bill aims to give the Health and Safety Executive the power to charge for services or facilities provided other than its general duties set out in Part 2 of the Health and Safety at Work, etc Act The Bill was introduced to the House of Commons on 24 June The next stage of its review is the House of Commons second reading. A date for this review is yet to be announced. 18 EU and UK Health and Safety Calendar: Winter 2015

19 Current and Completed Consultations The following is a selection of recent and ongoing consultations and the expected timetable for implementation of proposals, where applicable. Completed Proposals on the review of the Dangerous Substances in Harbour Areas Regulations 1987 (DSHAR), Approved Code of Practice (COP 18) and guidance HS(R)27 This consultation invites views on HSE s proposals to replace the Dangerous Substances in Harbour Areas Regulations 1987 with new shorter and more up to date regulations. The consultation also seeks views on a new shorter Approved Code of Practice to support the regulations. The proposals are intended to retain existing levels of health and safety protection in relation to dangerous substances in harbour areas in Great Britain. The proposed new regulations will be re-named the Dangerous Goods in Harbour Areas Regulations. Consultation began on 28 October 2015 and will end on 23 December Completed Consultation on the transposition of Directive 2013/35/ EU on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents electromagnetic fields (EMF) This consultation relates to implementation of Directive 2013/35/EU on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields). This is often referred to as the EMF Directive. 19

20 HSE is proposing to introduce the Control of Electromagnetic Fields at Work Regulations 2016 to transpose the requirements of this Directive not already covered by existing legislation. The consultation seeks views on: the proposed transposition approach and regulations; the draft EMF guidance produced to support the new regulations; and views on the initial assessment of the costs and benefits of the proposed changes. Consultation began on 20 October 2015 and ended on 3 December Completed Consultation on recast of Directive 93/15/EEC on the placing on the market and supervision of explosives for civil uses This Directive is one of nine being updated or recast as part of a package of measures known as the EU s New Legislative framework for the marketing of products. The measures are designed to help the internal markets for goods work better and to strengthen and modernise the conditions for placing a wide range of industrial products on the EU market. This consultation sought views on the proposed amending regulations, which will implement the recast. The recast reinforces safety requirements by ensuring that all products first placed on the market comply with essential safety requirements, are CE marked and conformity assessed by a notified body. Consultation began on 04 August 2015 and ended on 29 September EU and UK Health and Safety Calendar: Winter 2015

21 Current Campaigns and Initiatives Current Gas Safe Register campaign This ongoing campaign is aimed at students and raising their awareness regarding gas safety. It explains that landlords are legally obliged to ensure that gas appliances supplied in rented accommodation are safe to use. They also have to provide a copy of the landlord s gas safety check record either prior to moving in or within 28 days of the annual check being completed if there is an existing tenant. In September, Gas Safe Register launched an interactive gas map which identifies the most dangerous postcodes in the country. The map reveals how many unsafe gas appliances have been found lurking in your area. For more information please visit: htm. This webpage includes a link to find out about the gas dangers and risks in your area. Current Safe & Sound At Work campaign This campaign is designed to help businesses improve worker consultation and involvement in relation to health and safety matters. Employers already have statutory obligations to consult workers in relation to health and safety. This campaign is intended to help businesses learn how to involve their workers and also highlights the benefits of doing so, including lower injury rates and reduced insurance premiums. The HSE micro-site contains a step by step guide and information on subsidised training ( involvement/doyourbit/index.htm). 21

22 Current Vehicle Load Safety campaign According to the HSE, unsafe loads injure more than 1,200 people a year in the UK and cost businesses millions in damaged goods. This campaign focuses on the securing of loads. It highlights the risks of shifting loads on transport vehicles, damaged lashings and mistaken reliance of curtains, which are merely for weather protection. The HSE micro-site ( workplacetransport/loadsafety/index.htm) provides detailed guidance and links to Department of Transport guidance on specific load types and vehicles. Current Make the Promise. Come Home Safe campaign The farming industry has one of the highest rates of death and serious injury in the UK. The HSE reports that a farmer is two and a half times more likely to die in the workplace than in a car accident. The HSE notes that the following factors are responsible for this increased risk: farmers are an aging workforce; many farmers work alone; and the machinery used is very powerful. Seeking to mitigate this risk, this initiative produces health and safety guidance for farmers, organises free health and safety awareness days and provides advice through telephone or farm visits. In addition, it encourages farmers to make the pledge to return safely for themselves and their families. The initiative has received high profile support from the National Federation of Young Farmerss Clubs and Co-operative Farms. More information can be accessed on the HSE microsite makethepromise/index.htm. 22 EU and UK Health and Safety Calendar: Winter 2015

23 Current EU Campaign - Healthy workplaces manage stress This campaign aims to raise awareness of stress and psychosocial risks in the workplace. It encourages employers, managers, workers and their representatives to work together to manage those risks. The campaign focuses on raising awareness of work-related stress and psychosocial risks; providing and promoting the use of simple, practical tools and guidance and highlighting the positive effects of managing psychosocial risks and stress in the workplace. The HSE micro-site ( contains further details on how businesses can tackle stress in the workplace. 23

24 Current Hidden Killer/ Beware Asbestos campaign Asbestos is the single biggest cause of occupational-related deaths in the UK. Therefore, the HSE s Beware Asbestos campaign, which ran until March 2015, aims to encourage safe working practices among those workers most at risk, i.e. tradespeople working on small sites and projects in the construction and maintenance industries. In order to raise awareness and encourage safer working practices, HSE has teamed up with TradePoint (the trade-only outlet of B&Q) to distribute free asbestos safety kits directly to tradespeople in the UK, which will include free Type 5 safety overalls. Another key feature of the campaign is the introduction of a free Beware Asbestos web app designed to help tradespeople easily identify where they could come into contact with asbestos and give them tailored help on how to deal with the risks. More information can be accessed on the HSE microsite 24 EU and UK Health and Safety Calendar: Winter 2015

25 EU Legislation in Brief Various kinds of EU legislation exists and it may not always be clear to whom they apply and when. The main types are: Directives do not automatically come into force in the UK; they must be implemented by legislation at a national level. Until they are so implemented, they are not directly effective against any individual or company. They may, however, be directly effective against a Government or Government body. Regulations come into force in all EU Member States upon publication. That means that they apply to individuals and companies without legislation on a national level. Decisions are directed towards specific Member States, companies or individuals. They are binding on those to whom they are addressed. Further Information For further information on our health and safety services please contact Jan Burgess on +44 (0) or ; or jan.burgess@cms-cmck.com If your company has a health and safety emergency, you can contact us on: Emergency Response Hotline (available 24 hours a day, 7 days a week) Disclaimer this calendar is provided by way of general guidance only and does not constitute legal or professional advice. While we aim for it to be as up-to-date as possible, some recent developments may miss our publication deadline and some dates may change at short notice. The calendar is not intended to cover every policy or legislative initiative, but only major health and safety issues. 25

26 Health and Safety what we do CMS Cameron McKenna is recognised as a leading firm in the area of Health and Safety. We provide specialist advice on regulatory compliance, prosecutions, investigations and corporate governance. We have specialised knowledge of the offshore and energy sector in particular, which faces greater challenges and regulation than most. However, our client base and expertise spans a broad range of sectors, including: Construction Communications Energy Global Health & Safety Advice Leisure Manufacturing Renewables Transport Regrettably, accidents at work can be serious and sometimes result in fatalities. Our clients appreciate the high level of attention and support we are able to offer during what can be a difficult time for any organisation. We are able to provide assistance with every aspect of incident response, including incident investigations, dealing with witnesses, defending prosecutions and advising senior management on relations with the Health & Safety Executive. 26 EU and UK Health and Safety Calendar: Winter 2015

27 Emergency Response Team Our specialist team is on call to provide assistance and respond to incidents 24 hours a day. Our team is qualified to practise in England, Wales and Scotland but also regularly advises clients in relation to international working practices and health and safety matters in other jurisdictions. We are available for health and safety emergencies and advice; along with any other related urgent matters. In the event of an emergency the team will ensure a swift and efficient response to client queries, irrespective of the time of day or day of the week. If your company has a health and safety emergency, you can contact us on: Emergency Response Hotline (available 24 hours a day, 7 days a week) 27

28 Kelvin TOP-SET Senior Investigators We have specialised knowledge and training to investigate serious accidents or near-miss events under the Kelvin TOP-SET incident investigation system. This is a well-known investigation qualification, regularly used by many industries in the UK and abroad. The system is designed to ensure a bespoke but swift and systematic investigation of any incident incorporating root cause analysis and identification of remedial measures. Our clients come to us for advice on: Emergency Response and Crisis Management Health and Safety prosecutions Accident Inquiries Formal interviews and investigations undertaken by inspectors Corporate Manslaughter investigations Inquests and Fatal Accident Inquiries Appeals against Improvement and Enforcement Notices Compliance with UK and European regulatory requirements Drafting corporate Health and Safety policies and contract documentation Safety aspects of projects and property management Due diligence in corporate acquisitions/disposals Directors and officers personal liabilities Management training Courses Personal injury defence Risk management and training 28 EU and UK Health and Safety Calendar: Winter 2015

29 Recent Experience Defending Health and Safety prosecutions of client companies. Appealing other types of enforcement action against companies (e.g. Prohibition Notices). Conducting numerous Coroners Inquests and Fatal Accident Inquiries - including some of the most high-profile and complex Inquiries to have taken place in relation to offshore incidents. Obtaining the first ever award of expenses against the Crown in favour of a client company following a Fatal Accident Inquiry. Taking Appeals to the High Court of Justiciary. Taking Appeals on human rights issues to the Privy Council. Defending Judicial Reviews. Advising on forthcoming Health & Safety legislation. Assisting clients in consultations with the HSE and other regulatory bodies, including the Department for Energy and Climate Change. Advising clients in relation to Safety Cases, Corporate Governance issues and Directors duties and liabilities. Undertaking transactional due diligence in relation to Health and Safety matters. Carrying out Health and Safety audits. Advising clients on incident investigation, legal privilege and dealing with HSE inspectors. Preparing and drafting incident investigation reports. Advising clients on media, public relations and reputational issues following incidents. Advising clients in the immediate aftermath of an incident and providing emergency response services. Advising clients in relation to protestor action and possible responses thereto. Successfully defending environmental prosecution. 29

30 For more information, please contact: Jan Burgess Partner T +44 (0) E jan.burgess@cms-cmck.com Rosalind Morgan Senior Associate T +44 (0) E rosalind.morgan@cms-cmck.com Jacqueline Cursiter Senior Associate T +44 (0) E jacqueline.cursiter@cms-cmck.com Craig Watt Senior Associate T +44 (0) E craig.watt@cms-cmck.com 30 EU and UK Health and Safety Calendar: Winter 2015

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32 Your free online legal information service. A subscription service for legal articles on a variety of topics delivered by . Your expert legal publications online. In-depth international legal research and insights that can be personalised. eguides.cmslegal.com CMS Cameron McKenna LLP Cannon Place 78 Cannon Street London EC4N 6AF T +44 (0) F +44 (0) The information held in this publication is for general purposes and guidance only and does not purport to constitute legal or professional advice. CMS Cameron McKenna LLP 2015 CMS Cameron McKenna LLP is a limited liability partnership registered in England and Wales with registration number OC It is a body corporate which uses the word partner to refer to a member, or an employee or consultant with equivalent standing and qualifications. It is authorised and regulated by the Solicitors Regulation Authority of England and Wales with SRA number and by the Law Society of Scotland with registered number It is able to provide international legal services to clients utilising, where appropriate, the services of its associated international offices. The associated international offices of CMS Cameron McKenna LLP are separate and distinct from it. A list of members and their professional qualifications is open to inspection at the registered office, Cannon Place, 78 Cannon Street, London EC4N 6HL. Members are either solicitors or registered foreign lawyers. VAT registration number: Further information about the firm can be found at CMS Cameron McKenna LLP CMS Cameron McKenna LLP is a member of CMS Legal Services EEIG (CMS EEIG), a European Economic Interest Grouping that coordinates an organisation of independent law firms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG s member firms in their respective jurisdictions. CMS EEIG and each of its member firms are separate and legally distinct entities, and no such entity has any authority to bind any other. CMS EEIG and each member firm are liable only for their own acts or omissions and not those of each other. The brand name CMS and the term firm are used to refer to some or all of the member firms or their offices. Further information can be found at