Lawford Kidd's Blog

Proposed new changes to existing EU legislation, backed by the European Parliament's Public Health Committee, would trigger an automatic EU safety evaluation in the event of a safety alert about a medicinal product in any EU Member State.

These changes would ensure that the adverse effects of medicinal products will be better monitored, to prevent the recurrence of cases like the French diabetes medicine "Médiator" (benfluorex), which led to many deaths.

"Médiator" (benfluorex) was authorised to treat diabetes but was widely prescribed as an appetite suppressant. It was on the market for over thirty years, and caused between 500 and 2,000 deaths, showing the limits of the early EU pharmacovigilance system.

A consultation has recently been launched by the UK Government on tightening the law on the criminal liability of partnerships. The consultation is also seeking views on reforming the law on unincorporated associations.

The need for reform to the Scots law on criminal liability of partnerships was highlighted after 14 elderly residents lost their lives in the Rosepark nursing home fire in Lanarkshire in 2004. The case against the care home operators failed in the courts because of a loophole which prevented the prosecution of a partnership once it had been dissolved.

The proposed change, which is based on the work of the Scottish Law Commission, would prevent all Scottish partnerships from escaping prosecution for potentially serious offences by dissolving, and ensure they could be held to account if they commit crimes.

The Scottish Government has welcomed publication of an inquiry by HM Chief Inspector of Fire and Rescue Authorities into the unsuccessful attempt to rescue Alison Hume from a disused mineshaft in 2008.

The Inquiry, by Steven Torrie, was ordered by Scottish Ministers under Section 44 of the Fire (Scotland) Act 2005, and followed a Fatal Accident Inquiry into Mrs Hume’s death.

Ministers ordered the Inquiry to ensure lessons are learned from the tragic death of Mrs Hume and that issues raised in the Fatal Accident Inquiry are addressed.

Health and safety experts have called on landowners to take more care and responsibility when looking after trees on their land.

In light of recent fatalities and injuries sustained from falling trees and branches, members of the Institution of Occupational Safety and Health (IOSH) are reminding landowners and managers of the potential risks that failing to look after trees on their land can pose to public safety.

Alan Plom, from the IOSH Rural Industries Group, said: “Every year across the UK members of the public are injured, or even worse killed when a tree falls on them.

“Landowners and managers need to step up to the mark and be aware of the risks that unsafe trees on their land pose to the general public – they could  be seriously hurt should a tree fall.”

There have been some high-profile incidents and widely reported civil cases relating to poor tree safety and management. Liability concerns amongst landowners have led to a defensive approach and often unnecessary felling of trees.

Mr Plom added: “Tree safety isn’t a laughing matter, it’s a must. Landowners need to balance the risks and benefits that having trees on their land can bring, and adopt a sensible, proportionate approach to tree safety.

“When assessing whether trees are safe it’s important that risks are considered without adopting an overly defensive approach that can have a harmful effect on tree stocks or individual trees.”

A demolition firm has been sentenced after knocking down a building in the Lake District containing hundreds of asbestos ceiling tiles, putting the lives of workers and local residents at risk.

IBT Contracting Ltd was prosecuted by the Health and Safety Executive (HSE) after carrying out the work at a former photography factory, despite not having a licence to remove asbestos.

Kendal Magistrates' Court heard IBT had been given a survey by the owners of the site ahead of the work taking place, which stated that the building contained 166 square metres of asbestos ceiling tiles.

But the company failed to arrange for a licensed contractor to remove the tiles safely, and instead released deadly asbestos fibres into the air during the building's demolition.

IBT Contracting pleaded guilty to three breaches of the Control of Asbestos Regulations 2006, for removing asbestos without a licence, exposing workers to asbestos fibres, and allowing the fibres to spread to neighbouring areas.

The company was fined £10,800 and ordered to pay £3,638.95 in prosecution costs. 

Asbestos was used in ceiling tiles up until the 1980s to help insulate buildings. The tiles only become dangerous if they are broken up and asbestos fibres are released into the air.

Fibres that are breathed in can become lodged in the lungs or digestive tract, and may lead to lung cancer or other diseases if large numbers of fibres are inhaled. However, symptoms may not appear for several decades.

Around 4,000 people die every year as a result of breathing in asbestos fibres, making it the biggest single cause of work-related deaths in the UK.

Find out more about claims for asbestos exposure here.