Health and Safety

A note summarising the special status of an Approved Code of Practice (ACoP) in health and safety law.

A Note describing the legal issues related to workplace bullying. This Note addresses a private employer's potential legal vulnerability, including harassment, retaliation, emotional distress, assault and occupational health and safety claims. In addition, this resource addresses best practices for employers, the prevalence and impact of workplace bullying, and responsive legislative initiatives.

A practice note giving organisations an overview of some of the legal and practical issues arising from the threat of disruption by pandemic influenza and other civil emergencies. Practical Law is grateful to Alexis Roberts, a partner in the Insurance & Reinsurance Group of Pinsent Masons LLP, for his assistance with aspects of this note.

A note that explains the Health and Safety Executive's (HSE) tower crane register. Note that the Notification of Conventional Tower Cranes Regulations 2010 (SI 2010/333) were revoked with effect from 6 April 2013.

This note explains the duties imposed on people who have either obligations under contracts or tenancies to maintain or repair non-domestic property, or control over non-domestic premises or over access to non-domestic property. From 6 April 2012 these duties are imposed by the Control of Asbestos Regulations 2012. The duties affect freehold owners, landlords, tenants and, in certain circumstances, licensees and managing agents. Non-domestic premises can include areas of what normally would be regarded as residential property. 

A Note describing state guns-at-work laws, sometimes known as parking lot laws. These laws generally limit an employer's ability to prohibit employees from bringing concealed firearms to work. This Note discusses the legal risks resulting from workplace violence, including incidents involving guns. It outlines the various types of restrictions and requirements typically included in guns-at-work laws and provides best practices for compliance with these laws.

A note on the Health and Safety (Offences) Act 2008, which increases the maximum penalties for health and safety offences under the Health and Safety at Work etc Act 1974.

A note on the sentencing of health and safety law in England and Wales. The note considers sentencing for health and safety breaches and also sentencing for corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. It refers to the factors a court takes into consideration when sentencing and general principles of sentencing.

This note provides an overview of magistrates' courts and their jurisdiction. It also considers how magistrates are appointed, where magistrates' courts should be located and the various matters that magistrates will deal with within their criminal and civil jurisdictions.

A note on pre-trial procedure and practice in the magistrates' courts. The note also deals with potential case management issues and the key stages in a prosecution.

This Note explains how private employers can minimize liability under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations through voluntary audits of their safety and health policies and practices. It discusses the Occupational Safety and Health Administration (OSHA)'s policy on voluntary self-audits and how employers can minimize OSHA liability by proving the unpreventable employee misconduct defense, preventing willful citations and avoiding citations under OSHA's Multi-employer Citation Policy. This Note also discusses protecting audit reports from disclosure under attorney-client privilege and the work product doctrine and best practices for employers conducting voluntary audits.

A Note describing legal issues surrounding a private employer's need to have a pandemic flu or influenza preparedness strategy for the workplace. This Note addresses recommendations from the Occupational Safety and Health Administration (OSHA) to protect the health and safety of employees, and medical leave, disability, pay and privacy issues related to pandemic preparation and response. This Note addresses federal law. 

A note explaining the recommendations in Lord Young of Graffham's report, Common Sense, Common Safety, on reform of the UK's health and safety laws, along with details of the subsequent steps taken to implement those recommendations. Those steps include the government's March 2011 report, Good Health and Safety, Good for Everyone, its Common Sense, Common Safety progress reports (published in March, July and October 2011), the Red Tape Challenge, the independent review of health and safety law carried out by Professor Löfstedt, and the government's response to that review.

This practice note looks at the legislation requiring enclosed public places and workplaces in England and Wales to be smoke-free.

A note outlining the legal framework surrounding employer's liability for stress in the workplace. The note also provides practical suggestions on identifying unacceptable levels of stress and guidance for employers on how to manage this growing problem.

A note on the enforcement of health and safety law in England, Wales and Scotland.

A Note describing the legal issues related to workplace violence. This Note addresses a private employer's duty to provide a safe working environment under the Occupational Safety and Health Act (OSH Act), liability for workplace violence under workers' compensation law and negligence theory, granting medical leave to workplace violence victims, employment references for employees with known violent tendencies and laws to consider when taking steps to minimize workplace violence, including the direct threat defense under the Americans with Disabilities Act (ADA).