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THE MAGAZINE FOR THE DRAINAGE,WATER &WASTEWATER INDUSTRIES


NEWSDESK


that the chances of a spot check are possibly increased.Within recentmonths, the HSE has put out notices to places including Blackburn, GreaterManchester and Bradford to announce that itwill bemaking sure businesses in the area COVID-secure.Multiple visits are increasingly common, to ensure changes are being implemented.


Are punitivemeasures being taken?


So far, there has been no documented case where a business has faced punitive action as a result of failing to complywith COVID guidance. However, down the line, it is reasonable to expect punitivemeasures if a business has not got things right.


A COVID inspection is primarily intended to provide affected businesseswith guidance, butwhere breaches are identified, the HSE has


stated itwill take action, fromproviding specific advice to halting the unsafe practice or even issuing enforcement notices. A July statement clarified that failure to comply could lead to prosecution.


Currently, HSE fines and penalties in the case of a breach are decided on the basis of the culpability of the organisation, the risk of harm created and the size of the business based on turnover. This last aspectwill be particularly pertinent in the case of future fines for businesses thatmay have faced a sharp drop in turnover as a result of the pandemic.


The ability to repay a fine is a factor in sentencing decisions, and judges do not hand down fines to financially ruin a company. However, the level of fine is intended to have a real economic impact and send a strong message to bothmanagement and


shareholders of the need to complywith health and safety legislation.Whether reasonable leniency in punitivemeasuresmay be taken, on the basis of financial difficulties and the evolving guidance businessesmust keep upwith, remains to be seen.


Inmanyways, COVID inspectionsmust be approached in the samemanner as a standard HSE inspection: prepare, prepare, prepare. Whilst youmay not be given notice of an impending visit, by following COVID-secure guidance as early as possible,where reasonably practicable, and ensuring it is up- to-datewith evolving advice, an organisation can take the first steps tomeeting HSE and Government standards.


Peter James, partner and head of health&safety, London - BLM


TasWater response to Covid-19 is platform’s ‘most-read’


A paper explaining howAustralianwater and wastewater utility TasWater responded to the Covid-19 crisis is themost-read document on theWater Action Platform.


Welcoming a presentation fromTasWater chief executiveMichael Brewster on the platform’s


FOLLOW US


nowmonthlywebinar, Isle chairman Dr Piers Clark said, “Mikewrote a board paper on how TasWater coped in a post-Covidworld. It now stands as themost requested document on theWater Action Platform, having been accessed by over 50 utilities all around the


world.”


TheWater Action Platformis an initiative dedicated to collaboration and knowledge- sharing in thewater sector and is sponsored by leadingwater industry partners. It pools experience and expertise fromutilities around


October 2020 | drain TRADER 15


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