Safety
Over recent years we have seen fines of up to £15,000,000 imposed on companies for health and safety offences (HMA v Transco Plc (2005)) in addition to the enactment of new legislation, by way of the Corporate Manslaughter and Corporate Homicide Act (due to come into force in April 2008), which threatens companies with yet higher penalties.
As a consequence, businesses and individuals alike cannot afford to ignore the potential impact of health and safety regulation breaches on their finances, their reputation and on their liberty.
Team and market reputation
With the arrival of Caroline May in 2006, who has 20 years of experience in handling health and safety issues, our health and safety practice has become a main contender in this field.
Scope of work
We advise on a wide range of stand-alone contentious and non-contentious health and safety issues at national, EU and international levels across all sectors including:
- fatal accidents and other incidents;
- corporate manslaughter;
- UK and EU regulatory requirements;
- corporate governance issues including risk assessments, health and safety and insurance policies, internal and external reporting requirements, and data protection issues;
- occupational health matters such as asbestos, legionella and vibration white finger issues;
- Health and Safety Executive and Local Government Environmental Health Officer interviews, investigations, prosecutions and appeals; and
- accident inquiries and Coroner’s inquests.
Our health and safety expertise on transactional matters includes carrying out due diligence and advising on risk allocation and lender liability issues in relation to the acquisition, disposal, financing, or restructuring of a business.
Clients and experience
Our client base covers energy and utility companies, transport operators and vehicle fleet operators, engineering and heavy industry clients, and corporate clients and institutions.
Examples of recent matters and deals which the health and safety team has advised on are listed below. For the purposes of confidentiality, we are unable to disclose the identity of our clients.
- Advice in relation to an explosion at an oil refinery.
- Advice in relation to fatal incidents occurring during the course of employment.
- Advice in relation to the health and safety aspects of multi-million pound company acquisitions.
- Advice in relation to employer’s liability for asbestos related diseases.
- Scottish Power Generation Limited: Advice on the health and safety risks of its acquisition of the Hatfield Moors underground gas storage facility (near Doncaster) from Edinburgh Oil and Gas plc regarding potential liability for pre-existing breaches of health and safety.