UPDATE: RCOG Occupational health guidance for employers & pregnant woman archived

The guidance document ‘Occupational Health advice for employers and pregnant woman during the COVID-19 pandemic’ has been archived. 

The Royal College of Obstetricians and Gynaecologists (RCOG), the Royal College of Midwives (RCM) and the Faculty of Occupational Medicine (FOM) had produced the above guidance document to assist employers in protecting the health and safety of their pregnant employees in the workplace during the COVID-19 pandemic.  However, this guidance has now been archived due to “the changing landscape of factors to consider regarding the safety of people (including pregnant woman) in the workplace”.

Massive fine for employer in workplace fatal accident

Leadec Limited, a specialist industrial services company has been fine £2 million and ordered to pay £30,000 costs following a fatal injury to Joseph MacDonald, one of its employees.  The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. 

The cost of fire safety works in high rise blocks

A Parliamentary Briefing Paper was recently published on 16 June 2020 entitled Leasehold high rise blocks: who pays for fire safety work? The full article can be found here  - we have picked out some of the main points below.

As at 31 May 2020, 455 residential blocks and public buildings over 18 metres in England had been identified as having Aluminium Composite Material (ACM) cladding installed or previously installed – so that is the same or similar type cladding to that applied to Grenfell Tower. Of the 455 identified blocks, 300 were yet to be remediated. And 154 of the affected buildings are social housing blocks owned/managed by a local authority or housing association.

Hemel Food Centre in Hemel Hempstead, Hertfordshire, has been fined £30,000 after pleading guilty to breaching health and safety laws.

A probation notice was served in relation to a meat-cutting bandsaw that was found not have an interlocking guard to protect staff from accessing moving parts of equipment, which included rotating pulleys and the bandsaw blade. In November 2018, Environmental Health Officers from Dacorum Borough Council also placed tape around the bandsaw to prevent its use.

In what was described by the magistrate's court as a "flagrant disregard" of the prohibition notice, the business was found to have deliberately removed the tape. Migagold Ltd trading as Hemel Food Centre, based in the Marlowes, pleaded guilty to breaching its duties under the Health and Safety at Work Act 1974.

Covid-19 – Temperature Screening Employees

As larger proportions of the national workforce have incrementally been returning to the workplace, the issues faced by those industries which have continued to operate during lockdown are coming under greater scrutiny.  The most significant of these factors is ensuring that the workplace is COVID-secure for employees and third parties such as visitors or customers. 

Robust inspection regime leads to successful Section 58 defence -Walvin v Sunderland City Council

Mr Walvin, was using his motorised wheelchair on a footpath when he rode over a defective paving slab causing him to fall from the chair. At trial the court concluded that the accident happened as alleged and that the defect was a danger to users of the highway.

However, the Sunderland City Council's inspection regime stood up to robust scrutiny and the highways inspector gave his evidence in a clear and confident manner. As such the claim failed despite the court having sympathy for the claimant.

The area in question was subject to an annual inspection and the last pre accident inspection had been 5 months earlier.

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...

Carrie Gilgun - Partner, Crime

Carrie has 20 years’ experience in advising clients at the police station, Magistrates’ Court and Crown Court. Carrie is also a duty solicitor and represents individuals who are arrested by the Police or who appear at Court without a solicitor and therefore has a large breadth of knowledge of offences.

• Represented a business charged with offences concerning food safety as a result of an inspection into food hygiene after customers became unwell. Carrie successfully defended the allegation resulting in a lesser offence and argued against the closure of the business.
• Defended a case brought by the HSE whereby a building collapsed into a public highway. The client was involved in the reconstruction of the building and has been charged with offences under the Health and Safety at Work Act 1974. If convicted, those offences can attract a lengthy custodial sentence and a fine of up to £250,000.  

As one of our experienced advocates, Carrie also conducts inquests for local authorities when there is a potential finding of contributory negligence by the actions of Social Workers. She is also well versed with those cases which have the potential for a coroner making a Prevention of Future Death report which can attract both adverse publicity and scrutiny by the media.  

carrie.gilgun@forbessolicitors.co.uk | 01772 220 022

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