Dallas McMillan's Glasgow Lawyers' Blog

The announcement that the government is to make compensation claims easier for the thousands of people who have mesothelioma - as a result of asbestos exposure at work - but who until now have been unable to claim because their employer no longer exists, has been welcomed by the TUC.

Britain's dock workers could be left without the specialist safety protection they need if plans to water-down safety regulations go ahead.

The Association of Personal Injury Lawyers (APIL) says proposals by the Health and Safety Executive (HSE) to axe safety rules specific to dockyards could have “tragic consequences”.

“Five times more dock workers die than the national average for workplace deaths so the last thing the port industry needs is weaker safety measures,” said APIL president Karl Tonks.

Under the plans, regulations which are specific to docks, such as those ensuring ladders are in place as a means of escape if workers fall into the water, will be scrapped and replaced with guidance.

“Guidance isn't compulsory, and an industry as dangerous as this needs robust rules to protect its workers,” said Karl.

The European Commission has launched a public consultation to help victims of cross-border traffic accidents, who may currently face difficulties because of varying time limits for claiming compensation for damage in case of an accident abroad in the EU. The consultation will run until 19th November.

Vice-President Viviane Reding, the EU's Justice Commissioner said: "There are around one million road traffic accidents in the EU every year and some of these inevitably involve visitors from other EU countries. A road accident is a stressful experience for anyone, but it can get even worse if the victim is denied compensation due to complicated rules on bringing a claim.

“The European Commission wants to find out more so that we can offer effective solutions and make sure all victims have proper access to justice. European Citizens should feel at ease when using their car to go on holiday in another EU country."

Currently, different national rules lead to a confusing situation for victims, who may miss the sometimes short deadlines and end up receiving no compensation at all. The aim of the consultation is to get a better idea of the scale of the problem and to assess potential solutions.

Possible solutions that are addressed in the public consultation range from improving information to victims of cross-border road accidents, to harmonising limitation and prescription periods (the time limits for bringing legal action for damages following an accident).

The consultation is aimed at road traffic accident victims, all those who travel abroad with their car, legal practitioners, insurers and any other interested individual or organisation.

Recently published figures from the Health and Safety Executive (HSE) have shown that 173 workers were killed from April 2011 to March 2012 – a drop of two from the previous year. The rate of fatal injury remains the same at 0.6 per 100,000 workers.

The figures also show the rate of fatal injuries in several of the key industrial sectors:

MEPs have approved new European rules to ensure that, by 2015, all new cars must be fitted with eCall devices to alert the rescue services to road crashes automatically.

An Edgware contractor has been fined after the routine inspection of a construction site discovered dangerous working conditions.

Health and Safety Executive (HSE) Inspectors saw contractors working some three metres above ground without measures in place to prevent them from falling. A Prohibition Notice was immediately served on the Principal Contractor, preventing further work at height until adequate safeguards were in place.

In a prosecution brought by HSE, Chelmsford Magistrates' Court heard that a follow-up inspection of the site later the same day, found working at height was still continuing, but no measures had been taken to comply with the Prohibition Notice.

The contractor pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and was fined £2,000, and ordered to pay costs of £1,500.

Speaking after the hearing HSE inspector, David King, said:

"Last year 50 construction workers died following incidents on sites, with work at height being the largest factor in this. Therefore it is essential that everybody involved in the construction industry takes appropriate action to manage work at height safely, and other major hazards on their site, to prevent needless injury and loss of life."

http://www.hse.gov.uk/press/2012/rnn-e-86.htm

The lowest ever recorded figures for road casualties in Scotland have been published, according to Minister for Transport Keith Brown.

The latest figures for 2011 show road casualties are 4% lower than in 2010, and include an 11% drop in fatalities over the same period.

Mr Brown said:

“We in the Scottish Government are very aware of the tragic and personal cost of every fatality on our roads.  I am therefore encouraged by the very latest data which shows total reported road casualties are now at their lowest level since records began. The number of casualties last year dropped by 575 - a fall of 4% on 2010 figures. There has also been a drop of 5% on those seriously injured and a further reduction of 11% on fatalities.

“My deepest sympathies are of course with all of those who have been affected by incidents on our roads and we accept one death is simply one too many. That is why we are doing everything we can to reduce the numbers of casualties further.”

http://www.transportscotland.gov.uk/news/Road-casualties-Scotland-lowest-figures

The Scottish Government has recently published its study into the current system for medical negligence claiming in Scotland.

The study was commissioned to inform the work of the No-fault Compensation Review Group which was established in 2009 to consider the potential benefits to patients of the introduction of a no-fault compensation scheme for medical negligence claims in Scotland.

According to the Executive Summary, findings suggest that patients' grievances, complaints and even claims are not necessarily related to a specific medical event but rather to communication problems, staff attitudes and poor general care. An improved complaints procedure would give complainants a greater sense that they were listened to and that lessons were learnt from their complaint.

The settlement of a claim is influenced by a range of factors. This includes the level of experience of the pursuer’s solicitor in medical negligence claiming and the financial value of the claim. Relatively small value claims appear less likely to result in settlement. In those which settle, the cost of dealing with the claim often exceeds the award. The research suggests that small financial claims might be better dealt with through a complaints system which permitted a moderate level of financial payment in some claims.

The study explored the potential expenditure implications of a no-fault scheme based on the analysis of data on closed cases. Estimates were calculated based on a range of assumptions about how a no-fault system might operate as well as costs of the current system in recent years. At the lower end estimates for a no-fault compensation scheme would be similar to the cost of existing schemes whilst at the upper end, costs could increase by one half.

A no-fault scheme will not necessarily address non-clinical aspects of care. It is therefore important that any new scheme is linked into the wider process by which patients attempt to resolve disputes.

Contains public sector information licensed under the Open Government Licence v1.0.

http://www.scotland.gov.uk/Publications/2012/06/2348

The TUC has called for urgent action from the government to deal with the huge death toll from work-related cancer as research is published in the British Journal of Cancer Supplement into the incidence of cancers caused by work.

The study was was funded by the Health and Safety Executive, and found that every year around 8,000 cancer deaths in Britain each year are linked to occupations which equates to around 5% of all cancer deaths in Britain.

Researchers used a list of work-related cancer causing substances identified by the International Agency for Research on Cancer to calculate the impact of work on cancer cases and deaths, and discovered around 13,600 new cancer cases are caused by risk factors related to work each year.

After asbestos, the main work-related risk factors were night shift-work - linked to around 1,960 female breast cancer cases, mineral oil from metal and printing industries - linked to around 1730 cases of bladder, lung and non-melanoma skin cancers, sun exposure - linked to around 1540 skin cancer cases, silica exposure - linked to 910 cancer cases and diesel engine exhaust - linked to 800 cases.

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Potentially deadly asbestos fibres were spread in part of a shop by unqualified workmen and left on the premises for three weeks.

In a prosecution by the Health and Safety Executive (HSE), Cardiff Magistrates heard that the company, which specialises in damp and timber repairs, committed four offences and was fined a total of £18,000 and ordered to pay £5,314 in costs.

The company was contracted to carry out the work in an antiques shop in the Vale of Glamorgan. Employees were sent to work on the site to survey and strip out parts of the building affected by damp and wood rot, without checking for the presence of asbestos.

None of the workers had received sufficient information, instruction or training in asbestos awareness or removal and the company did not have a license to remove or handle asbestos containing materials.

Asbestos insulation boards were removed in a back room by one of the workers and the ceiling was demolished. The uncontrolled removal of the asbestos boards and demolition work caused the disturbance and spread of potentially deadly asbestos fibres.

Instead of arranging for the proper disposal of the asbestos, the dust was swept into rubble bags and dumped in a skip lorry, along with the asbestos insulation boards. The asbestos material was immediately identified at the waste transfer site and were collected by the company and left in the backyard of the shop.

The owners of the building contacted the HSE and then arranged for a licensed removal company to undertake a full environmental clean of the building.

HSE Inspector, Steve Richardson, speaking after the case, said: "This incident was entirely preventable and would not have happened if the company had provided adequate information, instruction and training to its staff.

"The company had no procedures to check for the presence of asbestos and as a result, has put the health of its workers and the shopowners at risk of potentially fatal asbestos-related lung diseases."

A firm, its director and a supervisor have been sentenced for safety failings after a worker died from injuries sustained in a fall from scaffolding at a construction site in East Sussex.

Brake, the road safety charity, has welcomed the announcement by Justice Secretary Kenny MacAskill that proposals to lower the limit from 80mg of alcohol per 100ml of blood to 50mg will be brought forward later this year.

The latest RAC Report on Motoring has found that the number of 17-24-year-olds drug-driving has doubled from 5% to 9% in the past twelve months, and 13% of this age group have driven or been a passenger in a car when the driver was under the influence of drugs over the past year.

Asbestos victims are still dying without legal redress, two years after the Government finished consulting on plans to set up an insurance fund to help them.

An Aberdeenshire roofing boss has been fined after one of his workers was seriously injured when he fell five metres from the edge of a flat roof.

A review into the PiP breast implant scandal has found that, although the regulator acted appropriately and followed scientific and clinical advice, there is room for improvement and serious lessons must be learned.

An eleven-year-old girl has been awarded around £11 million in compensation for serious injuries she suffered at birth, reports the Guardian.

The director of a building firm has been prosecuted after a self-employed contractor fell to his death through a fragile roof at an industrial building in Penryn.

A Preston steel firm has appeared in court after a working platform slid off the forks of a forklift truck and struck one of its employees.

The government has been accused of hiding behind statistics, as workplace deaths are underestimated by more than 800%, trade union Unite has said.