31 October 2022 • 5 minute read
Environment, Health, Safety and Product Compliance: October round-up
- This week's update is short though perhaps not sweet. With the 5th November not too far away - only one place to start with the Bill which would theoretically bonfire vast swathes of familiar UK regulation (with its origins in the EU) by the end of 2023. Big. Much of the consumer, food, product and environmental law on the UK statute-book big. What remains to be seen is whether the plan is to a) 'copy' new (read old) versions of this legislation onto the statute book with UK origin or b) for wholesale changes to be brought about which could theoretically lead to significant deregulation. Change is afoot. The size of the change is yet unknown.
- At the conclusion of a recently concluded Coroner’s Inquest, a prevention of future-deaths report was made which (in part) invites considerations by the food industry as to whether there should be mandatory ingredient testing / certification in products which make “free from” claims.
- DEFRA is bringing forward proposals which would give the Environment Agency (EA) the power to hand down civil penalties of £250 million to offending water companies.
- The Court of Appeal has confirmed that (save for in the most exceptional circumstances) when sentencing for health and safety offences, the conduct of an employee is irrelevant when considering any causation related uplift. The same case at first instance (endorsed by the Court of Appeal) had seen the starting point for a fine doubled from £500,000 to £1 million based on the company’s turnover and previous conviction.
- The Health and Safety Executive (HSE) has announced that there will be 500 unannounced site inspections in the waste and recycling sector which will focus on machinery safety, guarding and workplace transport.
- The government has also announced that businesses with fewer than 500 employees will be exempted from various regulatory obligations which may extend to a range of health, safety and environmental requirements. Government ministers this week doubled down on commencing a process of ‘reviewing, replacing or repealing’ UK regulations with their origins in the EU over the next year.
- Trading Standards have indicated that they will enforce the new rules relating to HFSS products with a “light touch” which will be welcome news to retailers given the complexity of the regime and the rumours that the rules would be 'shelved' at the 11th hour!
- The Court of Appeal recently held that a local authority is permitted to prosecute consumer offences committed outside its locality without reference to section 222(1) of the Local Government Act 1972.
- A recent ASA ruling demonstrates the importance of accurate language in advertisement, deeming website advertisement which alerted consumers to the ‘fact’ that browsed products had been “purchased” was misleading if the products had in fact only been ordered / placed in an online basket, etc. The ruling was also a salutary lesson that Assured advice is only a useful shield against regulators if businesses fastidiously follow the advice itself (which had pointed out that the word 'ordered' not 'purchased' should be used).
- There is huge potential reform of product safety regulation and product liability in the EU which is likely to have significant consequences for technological products and online marketplaces with GDPR style penalties also proposed (4% of company’s turnover in a Member State). It is not clear whether the UK will follow suit though there has previously been recognition that UK product law needs to be suitable for the ‘digital age'.
- A retailer has been fined over £500,000 for failing to implement an adequate asbestos management plan after it had moved into premises acquired from a previous owner.
- A large water company has been subjected to over £1.2 million in fines relating to two separate environmental offences relating to pollution and risks to wildlife in two different locations.
- A leading food business has been fined £800,000 after an employee suffered injuries arising from a failures relating to appropriate guarding and safe systems of work for machinery at a manufacturing plant.
- In a relatively rare prosecution by the Medicines and Healthcare Regulatory Authority (MHRA), the owner of a medicines wholesale business has been sentenced to a custodial sentence (suspended) after pleading guilty to importing and distributing medicines worth over £2.9 million of sale value without the requisite licences.
- DEFRA has opened a consultation on setting a Waste Electrical and Electronic Equipment (WEEE) compliance fee for 2022 for producer compliance schemes that fail to achieve their collection target, under the 2013 Regulations.
- Three of the largest global and UK food aggregators have signed up to a Food Safety Charter meaning that businesses on their platforms must be registered with a local authority and achieve a minimum standard under the Food Hygiene Rating Scheme.