Keeping abreast of matters legal

Author : Paul Gay

27 April 2010

There is little doubt that legislation and regulation are the main drivers of the health and safety in the UK and keeping abreast of developments in this area is a key part of the safety professional’s role. One way of remaining up-to-date is to attend a conference such as the annual HazardEx event, held in February at the Majestic Hotel in Harrogate but for a broader look at the legal aspects in the industrial sector, one could do worse than visiting this month’s Safety & Health Expo.

Keeping abreast of the legislation

Taking place from 11 to 13 May at the NEC in Birmingham, Safety & Health Expo 2010 will be hosting a legal seminar programme so visitors can learn from leading barristers and solicitors about the latest legislative developments.
This year’s event will be hosted in partnership with the Royal Society for the Prevention of Accidents (RoSPA), the British Safety Industry Federation (BSIF) and the Institution of Occupational Safety and Health (IOSH). Over the three days, the Legal Arena will feature presentations from experienced health and safety legal professionals, including David Lewis, head of regulatory, Weightmans, who will discuss what is meant by ‘senior management’, as defined in the Corporate Manslaughter and Corporate Homicide Act 2007, looking at what constitutes ‘a significant role’ and a ‘substantial part’ of an organisation’s activities.
When a company is in breach of its health and safety duties what are the potential criminal liabilities of its advisors? Michael Appleby, partner at Housemans will speak under the intriguing title ‘Don’t shoot me, I’m only the consultant’.
Peter McNaught, who is legal advisor to the Health and Safety Executive will speak about prosecution of individuals. In this talk, McNaught wiill describe the HSE's enforcement policy in relation to prosecuting individuals. He will explore who might be prosecuted, for what offences, and what the sentence might be. He will also explain the factors that the HSE takes into account in making such decisions.