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HTMLHealth and Safety Case Round Up: Suspended Sentences
Christopher Adams, Anne Davies; Withers Bergman LLP;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
A dairy farm director has been sentenced to four months in prison, suspended for 12 months, and ordered to pay costs of £10,073 after the death of a worker crushed by a bull in 2012. The worker suffered catastrophic crush injuries including fractured vertebrae, a broken pelvis and ribs, a punctured...

 

HTMLPACE Interviews - A Practical Approach
Christopher Adams, Anne Davies; Withers Bergman LLP;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
As a company, if you receive an invitation from the HSE or another safety enforcement agency to an interview under caution ('PACE interview'). How should you respond? Amongst your options are.

 

HTMLUnlimited Fines in Magistrates' Courts
Christopher Adams, Anne Davies; Withers Bergman LLP;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
Magistrates have acquired new powers to fine those convicted of offences in England and Wales which can only be tried in magistrates' courts at whatever level they consider most appropriate. Since 12 March 2015, the level of fine appropriate for each offence is determined by reference to the type...

 

HTMLEmployer's Duties to Employees Travelling Overseas
Christopher Adams, Anne Davies; Withers Bergman LLP;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
Two recent negligence cases cast a spotlight on employers' health and safety duties towards their employees travelling abroad for work.

 

HTMLNew Drug Driving Law
Christopher Adams, Anne Davies; Withers Bergman LLP;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
A new offence has recently been created of driving, attempting to drive or being in charge of a motor vehicle on a road or other public place with amounts of any of 16 specified controlled drugs above certain limits in the driver's blood.

 

HTMLExpert's Opinion Calculating Benzene Exposure Tossed As Unreliable
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 20, 2015, previously published on May 19, 2015
Last Thursday, the U.S. District Court for the Eastern District of Louisiana excluded the plaintiff’s proposed expert in an alleged benzene exposure case on the grounds that his methodologies used for calculating benzene exposure were unreliable. The plaintiff was the surviving spouse of an...

 

HTMLHouse Democrats Signal Willingness to Compromise on MSHA Subpoena Authority
Henry Chajet, Bradford T. Hammock, Mark Savit; Jackson Lewis P.C.;
Legal Alert/Article
May 20, 2015, previously published on May 15, 2015
Democrats in the U.S. House of Representatives want to hand subpoena authority to the Mine Safety and Health Administration, and appear willing to try to pass mine safety amendments to reach a bargain.

 

HTMLGo Directly To Jail. Do Not Pass Go. Pay $250,000
Steven A.A. Dollansky; McLennan Ross LLP;
Legal Alert/Article
May 14, 2015, previously published on January 27, 2015
An Ontario court has sentenced two corporate directors to jail time and fined the company $250,000 when a worker was killed after falling from an elevated platform tacked on to the forks of a forklift. The sentence comes despite the director's decision to plead guilty to the charges and the company...

 

HTMLThe Heat is On: What Employers Can Do to Protect Employees from Heat-Related Illness
Tressi L. Cordaro, Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 4, 2015
As a cold winter finally comes to an end, many of us look forward to summertime warmth. But sun and heat can spell danger for workers who are exposed to soaring temperatures and a rising heat index. According to the Occupational Safety and Health Administration (“OSHA”), thousands of...

 

HTMLOSHA Announces Final Rule for Confined Spaces in Construction
John F. Martin, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 6, 2015
On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in Construction standard. Prior to issuing this new standard, OSHA had one...

 


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