SAFETY & HEALTH EXPO 2011 EVENT PREVIEW SHP LEGAL ARENA


The SHP Legal Arena is updated daily. Please click here for the latest details. Tuesday 17 May


10.30 Opening address Judith Hackitt CBE, Chair, Health and Safety Executive


11.00 - 11.30


11.45 - 12.15


12.30 - 13.00


13.15 - 13.45


14.00 - 14.30


14.45 - 15.15


11.00 - 11.30


11.45 - 12.15


12.30 - 13.00


13.15 - 13.45


14.00 - 14.30


14.45 - 15.15


Is RIDDOR moving the goalposts? Steffan Groch, Head of Regulatory, DWF Steffan will outline the recommendations on the amendment to regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and the reasons behind them. He will cover the current and the proposed requirements for reporting and how the regulators enforce RIDDOR. Steffan will also look at the potential impact on businesses should the proposal become law, including the main advantages and disadvantages and the potential pitfalls for businesses.


Sentencing trends: The impact of the Sentencing Guidelines and the Health and Safety (Offences) Act 2008 Reviewing the area of fi nes and penalties, Mamata will explain what factors are relevant to causation and why they matter, common aggravating and mitigating factors, and the potential reputational impact of prosecutions on defendants. She will also provide examples of sentencing in recent case law, including the Court of Appeal’s approach to the Sentencing Guidelines.


Mamata Dutta, Senior Associate, Reynolds Porter Chamberlain LLP


A practical guide to appealing enforcement notices Michael Appleby, Partner, Housemans This pragmatic session will guide delegates through the procedure for appealing enforcement notices and the reasons why an appeal might be lodged. The talk will also examine the role of the employment tribunal, evidence and negotiations in the process.


Mind the Gap – A guide to effective contractor management Alison Gray, Partner, Environment and Safety Team, Dickinson Dees Employing contractors can often be the safest way to perform particular activities, but only if the contractor is competent and properly instructed to perform the job. All too often, health and safety incidents occur due to misunderstandings between client and contractor, resulting in vital safety precautions being missed. In this session you will learn: what you are expected to do, as a client, to ensure that work performed by contractors is completed safely; simple steps to help you effectively manage your contractors; and the questions that enforcement agencies are likely to ask in the event of an accident.


Buncefi eld – An alternative review of the offi cial story and why not to rely on a regulator Roy Tozer, Partner, DLA Piper The Buncefi eld oil storage depot explosion in 2005 was the largest explosion in peacetime Europe, measuring 2.4 on the Richter scale. Hear an alternative account of the case, along with: a review of the COMAH regime; details of the work of the Buncefi eld Major Incident Investigation Board; an explanation of how the Competent Authority functions; and the importance of self-regulation and/or external validation.


Protection from harassment Roddy MacLeod, Partner, Weightmans For many of those still in employment, the recession has led to an increase in work pressures and stress. A specialist lawyer in this area, Roddy defi nes what bullying and harassment looks like, and how the related law deals with this issue. He will also look at some recent cases and provide some tips on how to avoid compensation claims.


Wednesday 18 May


Ways to potentially avoid and defend H&S prosecutions Kevin Bridges, Partner, Pinsent Masons This tactical session will examine the ways to avoid and, if necessary, defend HSE and Local Authority prosecutions. It will consider: how to approach internal investigations and HSE/EHO interviews; PACE interviews under caution; circumstances surrounding a plea of not guilty; and pleading guilty on a limited basis.


Do not pass go – Prison, fi nes and ‘get out of jail at a cost’ cards Paul Verrico, Associate, Solicitor-Advocate, Eversheds A lawyer’s view of personal liability for health and safety offences, considering the recent prosecutions of the managing director of Cotswold Geotechnical (Holdings), three fi re chiefs in Warwickshire, and the fi rst prison sentence for a conviction under s7 of the HSWA. Paul will explain how to emphasise the safety message to directors and senior managers, using recent cases to illustrate the potential consequences if risks are taken.


Small and medium-sized enterprises: A raw deal in enforcement? Rob will ask the following questions: Is health and safety law harsher on SMEs? Is the availability of SME resource relevant to what is reasonably practicable? And does the HSE treat SMEs differently? He will also offer advice on how SMEs should interact with the regulators. Rob Elvin, Partner & European Head of Environmental, Safety and Health Group, Squire Sanders Hammonds


Don’t fall into the liability trap! Peter Forshaw, Partner, Weightmans From stairways to trailer beds, and scaffolding to ladders, there is potential in every workplace for falls from height, with approximately 4000 serious injuries occurring every year in such circumstances. Impacting on a wide range of work environments, it can be diffi cult for employers to understand the hierarchy of their duties in respect of work at height. Peter considers those duties and offers guidance to ensure employers don’t fall foul of the law.


Health and safety in Scotland – what you need to know about the Scottish regime David Hennessy, Brodies Updating delegates on health and safety legal developments north of the English border, David will consider how the HSE’s role is limited to investigations in Scotland and how the Crown Offi ce and Procurator Fiscal Service is the only prosecuting authority. He will also review progress of the new dedicated H&S Prosecution Unit, explore sentencing trends in Scotland, and examine proposals for a new Scottish Sentencing Council.


Personal protective equipment at work David Beckenham, Norton Rose Risk assessments are a vital piece of the PPE puzzle, ensuring that employers correctly identify what PPE is suitable for their employees. Once identifi ed, the responsibility for the management of the use of PPE is an important issue, and this session will give advice on where the employer’s responsibility ends and the employee’s responsibility begins? It will also consider case law relevant in this area.


Thursday 19 May


11.00 - 11.30


11.45 - 12.15


12.30 - 13.00


13.15 - 13.45


Workplace fatalities – investigation and prosecution Peter McNaught, Legal Adviser to HSE Peter will explain how the Police, HSE and CPS work together under the Work-Related Deaths Protocol to investigate and prosecute incidents that involve a fatality in the workplace.


‘Pay as you go’ regulation? Atiyah Malik, Safety, Health & Environment Partner, Berrymans Lace Mawer LLP The HSE is planning to recover the costs of inspection or investigation work when a serious, material breach in standards is found. This session will consider the proposals in detail and initial feedback from businesses to the scheme. It will also examine the possible implications on prosecutions of paying such costs, and consider whether the policy could undermine the relationship between the enforcer and the stakeholder.


Asbestos survey legal obligations – A changing landscape for the duty to manage Sean will provide delegates with a review of the revised guidance on asbestos surveying in respect of non-domestic premises. He will also outline the obligations imposed on those with a duty to manage asbestos in their premises. Sean Elson, Head of Birmingham Regulatory team, Pinsent Masons


CDM 2007 in practice Laura Cameron, Partner, McGrigors Laura will provide a review of the responsibilities under the Construction (Design and Management) Regulations 2007. She will ask whether the Regulations are working in practice and what might be the potential consequences for organisations that fail to abide by them.


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