Copyright Notice

All podcasts are copyright Brunswicks LLP 2005-2007.

You are free to distribute, circulate and copy any of these podcasts providing:

1. they are kept in their original form and are not edited in any way;
2. that Brunswicks LLP is acknowledged as the source;
3. that they are not sold, lent or hired for any consideration;
4. nothing is done or is associated with these podcasts that would or could adversely affect the reputation of Brunswicks LLP, its personel or any person featured on the podcasts 

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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contact andrew.dawson@brunswicks.eu

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Looking to the Future - published 8 June 2007

This is a recording of a presentation Keith Lewin gave in Suffolk earlier this year.  He was asked to consider what were the likley changes that would have impact on the Health and Social Care Sector in the months and years ahead.

If you would like a copy of Keith's script please send an email to info@brunswicks.eu   

copyright Brunswicks LLP 2007

Brunswicks LLP

national switchboard telephone number 0870 766 8400

24/7 Crisis Response telephone number 07855 855588

reg. office 56 Hamilton Square, Birkenhead CH41 5AS England       web: www.brunswicks.eu

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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24 hour crisis response 07855 855588

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My dad's bigger than yours.  Posted 23 January 2007

This podcast reproduces a presentation that Keith Lewin made to the Lincolnshire Care Association in October 2006 commenting in particular upon the changes in health and social care law that enable CSCI to demand action plans from care providers.  He also talks about the vexed question of fee transparency for in the sector and the downward pressure on fees being exerted by the Government.

Power point slides accompanied this presentation and are available upon request.  If you want them please send an email requesting them to Keith Lewin.

Contacts:  Keith.Lewin@brunswicks.eu

Direct Dial 0870 766 9285; Mobile 07779 128 599

Website:   www.brunswicks.eu

Switchboard 0870 766 8400;   Fax 0871 288 4089;

24hr Crisis Intervention Line 07855 855 588

Podcast and notes are copyright Brunswicks LLP 2007

The image of Keith in action is courtesy of Shine Photographics and Media

Is it Business as Usual

This podcast reproduces a talk Keith Lewin gave to the Lancashire Care Association in September 2006 considering the recent changes in the regulations affecting, primarily, care homes.  In particular he considers the pitfalls of action plans and gives pointers to give care providers greater flexibility in dealing with CSCI.

A power point presentation accompanied this talk and is available free of charge on request. 

If you would like copies of these slides, or to subscribe to Brunswicks Healthcare Review, or to provide feedback please send an email to Keith keith.lewin@brunswicks.eu .

Brunswicks LLP tel +44 (0)870 766 8400

Crisis Intervention Line 07855 855 588 - available 24/7

see our website for our full details www.brunswicks.eu

copyright Brunswicks LLP 2006