Health and Safety Legislation Changes’

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Hot on the heels of CDM Regulation changes in April 2015, come a series of other legislative changes which also relate to health and safety, mainly cutting red tape or directly helping vulnerable groups:

• Self-employed people exempt from health and safety legislation requirements, but ONLY if their work activities pose no potential risk of harm to others. The HMRC web site explains the rules further, as those who employ others are not exempt. [Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015]

• Volunteers and those helping others in society will now have due consideration of their intent in any negligence claim. In its assessment of meeting a standard of care, courts will consider if the person showed a predominantly responsible approach towards protecting the safety of others or the action was taken in heroic circumstances, offering protection in an emergency. [Social Action, Responsibility and Heroism Act 2015]

• Protection for those renting private accommodation has increased, with a new requirement for all such domestic premises to have smoke alarms on each floor and carbon monoxide alarms with rooms containing a solid fuel burning appliance. The Landlord is responsible for this installation and maintenance, in addition to meeting the general requirements of RR(FS)O 2005 and the Housing Act 2004. [Smoke and Carbon Monoxide Alarm (England) Regulations 2015]

• Smoking is now an offence if there is someone under 18 present in a vehicle or as a driver you do not prevent someone else committing this offence in your vehicle. [Smoke-free (Private Vehicles) Regulations 2015]

If you want to review further details of these changes, go to: www.legislation.gov.uk Alternatively, our CDM Consultant, Sue Wilton, is happy to help with any CDM queries you may have. She can be contacted at our Bodmin office on 01208 892020.

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