The Courts and Risk: A case of “I’m sorry I haven’t a clue”?

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Date(s) - 23/01/2020
5:30 pm - 8:30 pm

DAC Beachcroft


The Presentation

The 2016 Sentencing Guideline observes that health and safety offences are concerned with failures to manage risks to health and safety.  Yet neither the Health and Safety at Work Act 1974 nor the Management of Health and Safety at Work Regulations 1999 define ‘risk’.  Organisations have been wrestling with risk assessment and safety management for some time. Arguably the approach of the courts does not always reflect risk management in real life. This talk explores court decisions concerning health and safety risk and poses the question of whether there is a danger of some decisions ultimately having a detrimental influence upon safety.  If so, is it time for the courts to be provided with guidance on risk?

The speakers – Dr Louise Smail is a risk and safety consultant at Fisher Scoggins Waters and has extensive experience in the field of risk management, organisational resilience, and health, safety and environment law with a wide range of organisations, including local government, emergency services, the Cabinet Office, process and chemical industries, waste and construction.

Mike Appleby is a partner at Fisher Scoggins Waters and has over 20 years’ experience of defending directors, senior individuals and companies facing investigation or prosecution for health and safety offences.

Louise and Mike are co-authors with their colleague Charlotte Waters of HSE and Environment Agency Prosecution: The New Climate (Bloomsbury Professional 2019).

This event is free to HSLA members. Non members can attend by joining HSLA now. They would then be eligible to attend this event and all free HSLA events throughout the year. The cost to join is £70.00 per person. New members can join on line or by contacting the administrator



Bookings are closed for this event.

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