We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2024 Conference Series, exclusively available to delegates in person on the day.
Health and safety remains a particularly dynamic area of practice. Our annual conference, chaired by Katherine Metcalfe of Pinsent Masons, will not only look at caselaw and statutory developments but will also consider the implications for practitioners as the remit of health and safety continues to broaden.
Topics ranging from the criminal liability of individuals, how the law is being adapted to cater for emerging technologies, product safety and corporate homicide to enforcement notice appeals, sentencing and mental health will all be considered. The conference will also include an update from the Health and Safety Investigation Unit of COPFS.
An expert panel of speakers will join Katherine, including Peter Gray KC from Compass Chambers,Clare Bone of Brodies, Deborah Carroll & Stella Swan from COPFS, BTO’s Vikki Watt, Laura McCabe of Anderson Strathern,Elaine Smith from Compass Chambers and Charlotte O'Kane of Pinsent Masons.
What's being covered?
COPFS Health and Safety Investigation Unit update
This session will update delegates on the work of the COPFS Health and Safety Investigation Unit and the investigation and prosecution of large and complex health and safety investigations.
Deborah Carroll & Stella Swan, COPFS Health and Safety Investigation Unit
Criminal liability of individuals in health and safety crime
In this session we will be looking at: the recent changes in prosecutorial policy and the practical implications for solicitors acting on behalf of corporate entities; Section 37 of the HSWA 1974, and the elements which the Crown require to prove, and the potential areas of challenge which may be available to the defence; and the Sentencing Guidelines of England and Wales and how they are applied to cases involving individual liability.
Peter Gray KC, Compass Chambers
Adapting health and safety law for emerging technologies
This session will look at the use of hydrogen and EV charging for commercial vehicles and other applications, considering how existing health and safety law is being adapted to regulate these technologies, and what further regulation might be required.
Katherine Metcalfe, Pinsent Masons
Putting the health back into health and safety
As HSE increases its focus on work related ill health, employers must not lose sight of their duties to ensure an employee's health and welfare as well as their safety. In this session we will look at the rise in work related ill health, what clients can do to improve the workplace and what repercussions they face by failing to take action.
Clare Bone, Brodies
The offence of corporate homicide in Scotland – an update for practitioners
Given COPFS’ decision in 2023 to announce two high profile corporate homicide investigations led by Police Scotland, it would seem opportune to revisit the Corporate Manslaughter and Corporate Homicide Act 2007. In addition to discussing recent developments in Scotland, we will consider seminal cases south of the border to update practitioners on key aspects of the offence and how the courts there are applying the legislation to assist with representation of clients.
Vikki Watt, BTO
Construction product safety
This session will provide an update on changes in regulation involving construction products and will cover: the regulatory landscape and update on the UKCA; building safety standards; testing; approval of the new regulator (OPSS); and the construction products marketing code - requirements, breach, consequences.
Charlotte O'Kane, Pinsent Masons
If you can’t pay the fine, don’t do the crime!
In this year’s sentencing update, Elaine Smith will provide an overview of recent sentencing decisions from the last 12 months, including various fines issued to large organisations.
Elaine Smith, Compass Chambers
Enforcement notice appeals
Enforcement notice appeals will be discussed, principally from the experience of a respondent acting for the HSE. An overview of what’s involved in notice appeals will be provided together with some examples of recent appeals Laura has been involved in.