Health Safety Environment Waste

Health and safety, environment ... waste ... pharmaceuticals, food ... to product recall.

Brunswicks regulatory team has significant skills and experience in health, safety and environmental matters helping businesses and individuals both in time of crisis as well as advising on the ambit and remit of laws and regulations.

The roll call of matters the team has dealt with in this field reads like a catalogue of disasters – which much of it is.

Interestingly not all the examples listed proceeded to prosecution by the authorities, although in the circumstances involved that would almost certainly have been justified in many cases.

The cases range across many industries and sectors but principally amongst them are the chemical, transport, food, pharmaceuticals, manufacturing and health and social care.

Operation Cloudburst Events (on both CoMAH and non CoMAH sites) including

• Runaway exomthermic reaction producing copious quantities of sulphur dioxide closing major highway and significant disruption for region;

• thermal shock breaking glass reducing collar on reactor leading to irritant gas escaping over residential area in northern City – many members of the public hospitalised;

• overfilling of reactor vessel leading to carry-over into scrubber causing fire and copious quantities of acidic gases enveloping residential area;

• advice on compliance with CoMAH;

• assistance with devising crisis response plans

Human injury and death

• manslaughter, ‘corporate manslaughter’ and personal prosecutions of directors under Health and Safety at Work etc Act 1974 s37;

• falls from height (both survived and not);

• vehicle and pedestrian collisions at workplace (both survived and not);

• death of pedestrians/members of the public;

• unsafe, unguarded equipment leading to injury, amputation or death;

• shipyard mishap – death caused by warp breaking and enveloping dock worker;

• electrocutions;

• design failures leading to death and leading to ‘fail unsafe’;

• occupational ill-health - work related injuries;

• advice in dealing with claims and PR arising from such incidents;

• accidental drugs overdoses in care/hospital settings;

• inquests

Fish kills, water pollution, sewers and drains

• alleged ‘sterilisation’ of waste water treatment works and 6 mile stretch of major river leading to extensive fish deaths – case discussed in House of Commons;

• major pollution events affecting rivers

• construction errors crossing foul and surface water drains with resultant pollution – eg fermented liquors entering controlled waters;

• breach of permit/consent condition to discharge

Waste

• first hazardous landfill permit granted under PPC regime;

• breaches of licences and permits;

• hazardous and unusual wastes - including nanoparticle waste;

• unauthorised disposal on land (including entire infilling of a quarry on an unlicensed basis);

• use of nuisance laws to kerb unreasonable un-neighbourly activities;

• advice on planning law and waste law including financial arrangements supporting landfill permit;

• advice on contaminated land, its remediation and sale of such assets

Mining, minerals, clays and soils

• Licences, permits and planning permissions;

• Breach of licence, planning and permit conditions;

• Dust, noise, nuisance

Product Recall

• unsafe electrical equipment risking electrocution;

• co-mingled mince meat from different species;

• contaminated animal feeds

The earlier a business or individual seeks help and assistance whether in a crisis or not the greater the influence that can be brought to bear and the better the outcome is likely to be.