Health & safety advice for your business
Businesses have many legal responsibilities in numerous regulated areas. They are responsible for the health and safety of their employees and visitors – including customers, suppliers and members of the public – both at their usual premises or when they are involved in activities elsewhere.
All businesses should make health and safety a priority, and work to reduce and control the risk of accident or injury. They should provide a safe environment in which people can work and do business.
Depending on their particular activity, all businesses will have many compliance issues. For example in the hospitality sector food safety is absolutely paramount.
Trading Standards and consumer protection issues will also affect a businesses operations and activities. Issues ranging from false or misleading price indications to trade descriptions will affect every business from time to time.
In complying with their consumer protection obligations businesses should seek to ensure that they strive to achieve a fair, safe trading relationship with informed and confident consumers.
In the area of food safety in food premises a food business will have a duty to ensure that food is being handled, produced hygienically and is safe to eat.
All businesses have a responsibility to ensure that they carry on their activities in a way that avoids creating a nuisance to neighbours and the local community.
Investing in all of these areas protects your enterprise against the time and cost involved in putting right a breach of regulatory provision. It will also avoid the expense of a possible prosecution and the associated damage to the reputation of your business.
At Royds Withy King, our specialists led by partner Kevin James can advise on the very latest law in relation to all these areas of regulation. We can assist you in putting in place practical measures to ensure that your business is always compliant with the law.
With all these issues having potentially far-reaching consequences for both businesses andindividuals, we also provide expert legal advice and representation at formal investigatory interviews and prosecutions.
Please contact Kevin James for more information on our Regulatory services at Royds Withy King.
Health and Safety
Health & Safety offences can attract substantial fines and adverse publicity, with the possibility of custodial offences for company officers .It is vital to obtain specialist advice at the earliest opportunity, to minimise the risk and liability to your business.
In the event of an incident, we are able to provide practical support and clear guidance and representation throughout the investigation process, leading to any subsequent prosecution to ensure that the damage to the company and its directors is minimised.
Our expertise includes the following:
- Health and Safety policies and compliance
- Fatal and non-fatal accident investigations conducted by the Health and Safety Executive, Environment Agency, Local Authorities and Local Fire and Rescue authorities
- Corporate manslaughter
- Coroners’ inquests
- Asbestos control and removal
- Health and Safety in the Construction sector
- Product safety and recalls
- Prosecution and enforcement
We advise on a wide range of regulatory matters, in the fields of Environmental & Safety.
We have experience of advising clients in the immediate aftermath of serious incidents, from internal investigations and discussions with the regulators, preparation for and attendance at PACE interviews to any eventual prosecution brought by the Health and Safety Executive, Environment Agency and Local Authorities, including representation at Court.
Our expertise includes the following areas of practice:
- Environmental Permitting
- Water pollution
- Proceeds of Crime
We also regularly advise on Environmental indemnity disputes, particularly in relation to contamination issues, and on administrative law matters, including judicial review. We have been successful in challenging Environmental regulators on inappropriate use of, their powers.
Environmental Health and Trading Standards
Local authority officers have significant powers of investigation. Their remit is to protect consumer standards and safety.
We advise on a wide range of Environmental Health and Trading Standards issues. We offer advice on:
- Consumer Protection
- Food and Product Liability
- Food safety (including food labelling requirements)
- Product recalls
- Liaising with Environmental Health Officers and Trading Standards
- Limiting brand exposure, reassuring customers and managing adverse publicity
- Website advertising
- Appealing enforcement notices served by Local Authorities
- Managing relationships with suppliers, customers, regulators and insurers.
We regularly represent both companies and Directors, aiming to present the best possible case so enforcement action is avoided where possible or penalties are kept to a minimum.
Claims of statutory nuisance can create tension between businesses and local communities, giving rise to adverse publicity.
We have advised numerous industrial process and food production companies on the potential for statutory nuisance proceedings as a result of air quality issues, odour issues and noise.
Local Authorities have the power to serve an Abatement Notice on a company, which can have significant operational impact.
We can help with:
- Advise on the legality of such notices and the grounds of appeal
- Manage the relationship between the business, local residents and the Local Authority
- Appeal enforcement notices
- Advise on “best practicable” means and engage and appoint experts regarding technical solutions
- Assist with putting in place suitable management systems to avoid any reoccurrences.