HSE Publish Annual Fatality Statistics For 2019/2020  

On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021.

What are the Key trends shown by the statistics?

There were 111 workers killed in 2019/20 and the analysis shows that the main high risk industries continue to result in fatal injuries.

PPE in non-healthcare work during the coronavirus outbreak

The HSE has reminded us that the coronavirus outbreak has not changed an employer’s duty to make sure people are not exposed to hazardous substances as part of their work and has issued guidance to employers specifically aimed at the outbreak.

What steps have you taken to ensure that your business is safe for employees to return and have you gone far enough in regards to your obligations under the Equality Act 2010?

There is no doubt that over the last quarter of the year you have lost sleep wondering if your business will survive the worldwide pandemic brought on by the spread of covid-19.  The Government recently announced relaxation of the nationwide lockdown, partly to enable businesses to begin re-opening, in an attempt to save the UK’s economy.

Forbes Solicitors defend night club and director following fatal fall from height.

Craig MacKenzie and Rod Hall recently defended a prosecution brought by a Local Authority following the death of a 25 year old customer who fell from height after leaving a night club. Forbes represented the company and one of the Directors.

The company was charged with offences contrary to the Health and Safety at Work act 1974. 

Regulatory Round Up...

• Coroners Statistics For 2019
• Covid-19 Deaths and Possible Exposure in The Workplace: Chief Coroner's Guidance No. 37
• Public Health England Warns of the Risk of Legionella as buildings with a water supply reopen after lockdown.
• Driver access to toilet and washing facilities: a letter from Department for Transport and HSE

The HSE has published the following guidance on air conditioning and ventilation during the coronavirus outbreak

The risk of air conditioning spreading coronavirus (COVID-19) in the workplace is extremely low.

You can continue using most types of air conditioning system as normal. But, if you use a centralised ventilations system that removes and circulates air to different rooms it is recommended that you turn off recirculation and use a fresh air supply.

You do not need to adjust air conditioning systems that mix some of the extracted air with fresh air and return it to the room as this increases the fresh air ventilation rate. Also, you do not need to adjust systems in individual rooms or portable units as these operate on 100% recirculation.

If you're unsure, ask the advice of your heating ventilation and air conditioning (HVAC) engineer or adviser.

Company fined £1.1m after construction worker injured in fall from height

The HSE website has reported that a relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height.

HSE Prosecutions Update

Two recent HSE prosecutions remind employers of their obligations to employees when working in potentially dangerous situations and of the fines and imprisonment that will follow if the HSE finds failings.

• Chelmsford Crown Court heard that in July 2017, a worker was seriously injured when roof trusses toppled over while being moved by a crane at a site in East Mersea, Essex.
• IFG Drake Ltd received a fine after a worker suffered fatal crush injuries whilst working on a machine at a site in Huddersfield.

Harlequin Inquests - Chief Coroner's Guidance No.38

Just a quick alert for all PiPs (Properly interested persons) currently awaiting Inquest Hearings presently placed "on hold" in light of the COVID-19 lockdown, that plans are afoot to get the hearings moving again.

General Practitioners Internet and Email Compliance

With a greater reliance by General Practitioners on the use of the Instant Messaging (IM) service within their practice when using the clinical SystmOne IT platform, there is an increasing risk of unintentionally using the system inappropriately; thereby resulting in action being taken by the General Medical Council (GMC). This is the case even when such messages remain private.

There have been several recent cases where General Practitioners have sent messages to colleagues describing their patients or colleagues in language which has been considered disparaging or derogatory.

Audit of Furlough Arrangements – Have you got it right?

We are offering a fixed fee audit of your furlough arrangements to ensure they are compliant with the legislation and current guidance. We will advise you on any areas which need addressing, potential issues with your claims and we can provide a pre-prepared report to provide to HMRC in respect of these payments, should you be audited.

Please contact Amy Stokes on 0333 2071157 or email amy.stokes@forbessolicitors.co.uk

Meet the team...

Gareth Price - Partner, Crime

Gareth has almost 20 years experience in the Magistrates Court and has specialised in Regulatory crime for over 10 years. Gareth has defended individuals and organisations in a number of high profile cases involving fatalities. He continues to develop that area of work whilst retaining his Duty Solicitor status, representing defendants charged with a wide variety of offences. Gareth is experienced in preparing representations to the HSE on behalf of companies at risk of prosecution to seek to persuade the HSE to divert prosecution. Recent cases include:

• Represented a director charged alongside the company in prosecution by the HSE for CDM Regulations breach. Managed to persuade the court that the culpability was at a lower level than that represented by the HSE, resulting in a significantly lower fine.
• Represented a sole trader, prosecuted by the HSE for a s2 H&SW Act. It was his second conviction for like offences. His first conviction followed the death of an employee. Following a plea in mitigation he avoided an immediate prison sentence.

gareth.price@forbessolicitors.co.uk | 07976 272 000

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