Work Related Stress Part 2

This podcast considers in particular the HSE's published guidance on managing work related stress as well as briefly discussing the criminal and civil sanctions for not doing enough in your wok place to manage the risks of it arising.

It is worth listening to Work Related Stress Part 1 - Jen's Story before listening to this podcast.

Useful sources - www.hse.gov.uk/stress  

The copyright in this Podcast and its associated information and description belongs to Brunswicks LLP 2008

The Health and Safety Commission and Institute of Directors have just published a guidance document entitled Leading Health and Safety at Work.  This guidance is an absolute must read, must mark, must learn and inwardly digest and apply for all in senior management.

Andrew Dawson takes you through the guidance and points out its likely crucial role in future prosecutions of companies and senior management.  Even the comments on the back of the document point to its use in court proceedings in future - so don't say you haven't been warned.

The document has been given the reference number INDG417 - if you search against that number you'll find the guidance straight away.  It is a good idea to download the guidance and have it in front of you as Andrew takes you through it.

copyright Brunswicks LLP 2007

2007-09-14 Work Related Stress Part 1

This podcast has been in production along time - you may notice some older references in the broadcast - just because there is so much to say.  Having finally grasped the nettle and get it out I have decided to break this podcast down into chunks.  This first one is a description of the condition and some real insight into the condition in my interview with Jenny.

I'll look into the law and guidance on another occasion!

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So far as is reasonably practicable... in defence of the common law.

For the last 10 years the EU Commission has claimed that the qualification "so far as is reasonably practicable" that applies to the general duties in health and safety law meant that the UK had failed properly to implement European Directive 89/391/EEC into UK law where no such qualifying phraseology could be found.

On 14 June 2007 the European Court of Justice ruled on this issue and found in favour of the UK government.

This legal challenge has at its heart the fundamental differences between the Code Napoleon style of legislating which prevails accross the EU where laws are expressed in absolutes but the court applying them can moderate them to ensure reasonableness and proportionality and the common law system where the courts must apply the law as it is written.   This difference of approach also perhaps lies at the heart of the UK's gold plating of EU directives - where we apply law written in absolute terms absolutely without taking cognisance of that those applying Code Napoleon principles would expect inherent flexibility of approach in their courts.

By the way who seems to have the safest workforce in Europe...

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In this podcast Andrew Dawson interviews Chris Howard from Merseyside Fire & Rescue Service about the changes in fire safety law brought about by the Regulatory Reform (Fire Safety) Order 2005. 

In this wide ranging discussion the effects of making a "responsible person" responsible for undertaking a fire risk assessment is discussed along with the cultural changes both this and the way in which the Fire Service will audit performance. 

The discussion also talks about the challenges posedby muti-owned and occupied buildings.  The Georgian splendour that is Hamilton Square, Birkenhead is used as the example.

Useful links - www.opsi.gov.uk/si/si2005/20051541.htm for the RRO.

www.communities.gov.uk/index.asp?id=1162101 for Department of Communities and Local Government's portal to fire safety law for business.

If you link to our web-site www.brunswicks.eu we've posted a blank Fire and Rescue Service audit form on the relevant podcast page.

Contacts: Andrew Dawson

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copyright Brunswicks LLP 2007

In this podcast Andrew Dawson considers what's been in the news from a health and safety standpoint in October 2006.  He reviews a surprising number of court cases - many involving significant fines and the type of incident that has given rise to the prosecutions.  In addition he reviews some of the important announcements made in October.

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Useful links:

Fire Safety Law Guidance

HSE Reach Helpdesk - tel 0845 408 9575 email: ukreachca@hse.gsi.gov.uk

HSC and HSE Simplification Plan

Buncefield Standards Task Group Initial Report

© Brunswicks LLP 2006

Andrew Dawson and Holly Riddle talk about the forthcoming changes in Fire Safety Law in England & Wales in particular the need to perform a Fire Risk Assessment and prepare an evacuation plan.

Every business and everyone in control of work premises must do this by 1 October 2006.

Useful website to obtain guidance documentation:

www.commmunities.gov.uk/fire

Andrew W Dawson   Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP 2006

This podcast is a discussion about the health and safety duties surrounding desiging, manufacturing, importing or supplying articles or substances for the workplace and the health and safety duties owed by employees.

Andrew W Dawson   Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP 2006

This podcast discusses the duty in s4 HSWA 1974 - the health and safety duty anyone has who has to any extent control of non domestic premises made available as a place of work.

Andrew W Dawson    Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP 2006

The duty in s3 HSWA 1974 owed by all employers and the self employed to everyone the don't employ but who may be affected by what they do - in other words the duty to protect the public.  This is one of the most fundamental duties in English law and comes into play anytime there is an accident involving members of the public arising from a work related situation.  But the ambit goes further ...

Andrew W Dawson  Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP 2006 

The Employer's duty to his Employees under the Health and Safety at Work etc Act 1974 s2 - a discussion - including the importance of Statements of Safety Policy and their accompanying organisational arrangements.

This is the first in a series of podcasts looking at the principal health and safety duties applicable to all work in Great Britain.

Andrew W Dawson     Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP

A challenging podcast considering examples of being too risky or too risk adverse in health and safety.

Andrew W Dawson   Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu

© Brunswicks LLP 2006

This podcast, our first published podcast, looks at how the courts approach sentencing companies that break health and safety law.

Contact

Andrew W Dawson   Brunswicks LLP

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andrew.dawson@brunswicks.eu

www.brunswicks.eu 

© Brunswicks LLP 2005