Insight

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Prosecutions for angling offences

The Environment Agency has prosecuted two men for angling offences. Wayne Knight of Cosby, Leicester, was fined £220, ordered to pay costs of £135 plus a victim’s surcharge of £34.  Knight admitted fishing without a licence at Mill on the Soar, Sutton Elms, on 1 February 2022.

Lester McManus of Leicester, was fined £40, ordered to pay costs of £135 plus a victim’s surcharge of £34. McManus admitted fishing for freshwater fish during the close season at Aylestone on the River Soar on 24 March 2022.

Angling offences
Environment Agency prosecutions for angling offences (stock image)

A spokesperson for the Environment Agency said:

“These cases show we pursue offenders through the courts and won’t hesitate to take enforcement action where anglers break rules.”

Anyone found fishing illegally may face prosecution and a fine of up to £2,500.

Any angler aged 13 or over, fishing on a river, canal or still water needs a licence. The money raised through the sales of rod licences is re-invested back into the sport and illegal fishing undermines the Environment Agency’s efforts to make fishing sustainable.

A 1-day licence costs from just £6 and an annual licence costs from just £30 (concessions available). Junior licences are free for 13 – 16-year-olds.

Licences are available online or by calling the Environment Agency on 0344 800 5386 between 8am and 6pm, Monday to Friday. The Environment Agency carries out enforcement work all year round and is supported by partners including the police and the Angling Trust. Fisheries enforcement work is intelligence-led, targeting known hot-spots and where illegal fishing is reported.

If you require advice on environmental issues, please contact one of the Ashbrooke team.

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Working at height leads to prosecution

A steel fabrication company has been fined £8,000 after employees working at height fell two metres from the forks of a telehandler.

The workers of Eagle Structural Ltd were dismantling an unwanted shipping container at Great Carlton, Lincolnshire on 7 October 2019.

Operatives were working in an unsecured non-integrated working platform when it fell from the forks of a telehandler. One employee suffered a broken arm and fractured elbow and has been told that he will never regain a full range of movement in his arm. The second employee suffered internal bruising.

An investigation by the Health and Safety Executive (HSE) found that the non-integrated working platform was not compatible with the telehandler and that it had not been properly secured to prevent it falling.

Working at height
Working at height requires careful planning (stock image)

Eagle Structural Ltd of Lincolnshire pleaded guilty to breaching Regulation 8(b)(i) of The Work at Height Regulations 2005. At Lincoln Magistrates’ Court on 1 July 2022, the company was fined £8,000 and ordered to pay costs of £2,497.

Speaking after the hearing, HSE inspector, Tim Nicholson said:

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Working at height requires careful planning and the use of suitable equipment.  A risk assessment should be undertaken as part of the planning and detail the controls required to ensure workers’ safety.  Any worker involved in an activity at height must be competent to carry out the task and be proficient in using the equipment provided. 

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Fire Safety Guidance in Construction

Every year many construction site workers are killed or injured because of their work, and many others suffer serious ill health. The hazards are not, however, restricted to people working on sites. Children and other members of the public are also killed or injured because construction activities have not been adequately controlled. The construction industry’s performance has steadily improved, but the rates of death, serious injury and ill health are still among the highest of all industries. Fire safety is a key risk that construction operations need to manage and control.

The Health and Safety Executive (HSE) has updated its guidance on fire safety in construction HSG168.  The third edition of the guidance was published this month and explains how everyone involved in construction projects can comply with their legal duties relating to fire risks. It is aimed at all those who procure, design, develop and manage construction sites, including clients and designers – it is relevant to all construction projects.

fire safety in construction

The main changes to this guidance relate to elimination, and or, reduction of fire risks at the pre-construction stage as required by the Construction (Design and Management) Regulations 2015. The HSE has also added a glossary.

Each year there are estimated to be hundreds of fires on construction sites, potentially putting the lives of workers and members of the public at risk. Fire safety in construction is about eliminating fire risks during the design phase (where practicable), preventing fires from starting and ensuring people’s safety if they do.

This guidance does not reference the findings of the Grenfell Tower fire in 2017 because the fire did not occur while the building was being renovated or constructed.

The HSG168 guide is available free of charge on the HSE website. If you require advice for your construction project, please contact one of the Ashbrooke team.

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Leading Health and Safety at Work

Company directors and Boards have a duty to provide leadership within their organisations for health and safety management. The Health and Safety Executive (HSE) has published a guide for directors which provides advice on the effective leadership of health and safety.

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Health and Safety
Boardroom leadership in health and safety management
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Appointing a Competent Person

As an employer, you must appoint a competent person or people to help you meet your health and safety legal duties.  Specifically, regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires employers to appoint one or more competent persons to assist on health and safety measures required to comply with statutory duties. In this article we look at the things to consider before appointing a Competent Person.

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New landlord safety duties

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (‘Regulations’) come into force on 1 June 2020 and impose new safety duties for landlords on specified residential premises in England. The Regulations are likely to have significant financial consequences for landlords particularly where breaches are subject to enforcement action. The Regulations require local housing authorities to enforce the duties and include a power to arrange remedial action in certain circumstances.

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Keeping it Legal

In this article, Keeping it legal, we consider the expanding burdens on business from legislation. The legal burden on business continues to increase each year with the introduction of new rules, European legislation and domestic laws.  Legal compliance is seen as a significant risk by many business leaders such that a recent MORI poll identified the worst aspect of being a business leader was keeping up to date with legislation.  Legislation governs all of our lives and the business world is no different. 

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Investing in corporate governance adds value to the bottom line and improves resilience in uncertain times.

We often say that the best companies to invest in are those that have good corporate governance principles but such measures need to be more than superficial gloss and need to be embedded in the organisation if they are to influence the bottom line.  Listed companies are subject to detailed rules on corporate governance which requires significant resources to maintain.  However, private companies which are not subject to these rules are increasingly embracing the governance principles as a means of demonstrating good practice to investors, customers and other stakeholders. 

Continue reading “Investing in corporate governance adds value to the bottom line and improves resilience in uncertain times.”
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