a blog by a Lawyer, Innovator, Fashionista, Petrol Head and Sports Lover.
It don’t mean a thing if you don’t have the bling…
It don’t mean a thing if you don’t have the bling… in this case our website, Fergusonlegal.co.uk. It also applies to shoes but that’s another story… I thought it would be cool to share our experiences of revamping our website. It’s quite a process but I’m happy to say well worth the final outcome, in…
Is the grass greener…
“The Jury” Did you watch the TV programme “The Jury”? Did you find yourself shouting at the TV? How did it make you feel? Were you dismayed? Did it leave you with a sense of foreboding; thinking there must a better option? Well it got me thinking about what perceptions may be in light of…
Covid-19: The way forward…
Covid-19 has caused many things a deluge of concerns, rules, guidance, information, action plans. All this has raised some recurring questions: What are our health and safety criminal law obligations in dealing with the coronavirus? What do we have to do? How can we protect ourselves from blame if we get it wrong? As we…
Covid-19 & Prosecution of employers
Coronavirus has dominated the headlines and amongst all this some commentators have speculated that employers may be about to face prosecution if they don’t take all Covid-19 precautions possible to protect staff and third parties from infection. Now it is correct to say that employers in the UK owe duties under the Health and Safety at Work…
Corona: An enjoyable beer or new legislation…
Coronavirus came upon the world as an unknown and everyone is now trying to ‘fight’ their way through what is COVID-19 and a severe pandemic. Unlike Corona beer which is rather enjoyable especially on a warm sunny day, the coronavirus is anything but a chilled afternoon sitting in the sun supping on your favourite beverage. It could…
Tragic and wholly avoidable – worker crushed on site
This tragic story really horrified us – our hearts immediately went out to the man’s family. Our second reaction was frustration. This should never have happened. Not only was it entirely avoidable – clearly a proper risk assessment wasn’t in place – but it had happened before. Someone, somewhere, knew the risk and did nothing about…
Risk Assessment: 5 steps for compliance
“Risk assessment” – yes we know, these words make your eyes roll, you want to yawn and your instinct is to run to the kitchen to make a strong coffee. Well, we sympathise. via GIPHY It’s not a fun task for any company. We just see so many cases that could simply have been avoided had…
7 things a good lawyer should do for you (and probably isn’t)
‘Good lawyer’ you say? Is there such a thing?! Well, when we say ‘we do things differently at Ferguson Legal’ it’s with this aim… Yet people often respond by asking, ‘well, how?’ Fair enough. This is a claim that many people across lots of different industries make – and it should be backed up. In…
Apology – is it too late to say sorry?
In the normal course of life, an apology goes a long way. We all make mistakes. Recognising that, saying sorry and offering to somehow fix it is a common sense way of dealing with those mistakes. Until June 2017, organisations were reluctant to offer this simple solution because they worried it could lead to court…
Someone got injured – who’s to blame?
Where there’s blame there’s a claim, right? Sigh. In my day, if you fell down you got back up – you didn’t try to sue the tree whose stick you just tripped over. Times change – and there’s also this thing called common sense. If you have a company that uses dangerous machines, you have…
Love thy lawyer
Everyone loves a quickie – so here’s one… We all know that lawyers are not very well liked. I’ve no idea why, I’m delightful. Let’s get the lawyer jokes out the way – How many lawyers does it take to change a lightbulb? You won’t find a lawyer who can change a light bulb. Now,…
HGV death leads to almost half million pound fine
A truck company that buys, refurbishes and sells Heavy Goods Vehicles (HGVs) and trailers has been sentenced after the death of 63-year-old self-employed worker William Price. On 21 February 2013 Mr Price suffered fatal head injuries when the half-ton frame of a lorry trailer, he was dismantling, fell on his head at the Marston Industrial…
Swearing at Work – A little light hearted fun!
This is an old one but a good one. Swearing at Work. Try Saying… New Year Resolution? Take Note: All in the name of fun. Don’t take this personally!
Charity Event – All in the name of work
Great event was had at the #CLAN charity lunch courtesy of Kenny Anderson at Anderson Construction. Shame we had to go back to work!
Dear Carole… Tachographs and taking chances…
“Dear Carole, I’m a long-distance lorry driver and some of the guys in the fleet have got this hack for our digital tachographs. They say it’s brilliant and untraceable, but I’m pretty sure our company has some good software of their own. I don’t really want to risk it, but I’m at a real disadvantage…
Farewell to the Jungle
As harrowing as the images on the news may be, I suspect many haulage and delivery companies have welcomed the news of the dismantling of “The Jungle”. The French authorities have been clearing the refugee camp in Calais and busing thousands of migrants to centres across France. It had been a major problem for lorry and…
HSE warn HGV drivers over coupling systems
HGV drivers are frequently putting lives at risk by not following basic safety procedures when coupling and uncoupling vehicles, the Health and Safety Executive have warned. The workplace health and safety regulator urged drivers to apply parking brakes and use (or retrofit) warning alarms to avoid a repeat of an incident in January 2015 when…
Festive Season… drinking… driving…
We’ve all been there. It’s the festive season, everyone’s celebrating and you have a few too many drinks. You wake up the next morning and think: “Well that was a bit heavier than I expected, I hope I’m OK to drive…” But imagine you wake up thinking that and then climb into a lorry full…
Worker Crushed between two vehicles
Leedale Limited, a waste management and plant hire company in Derbyshire, was fined £300,000 after a worker was fatally crushed between two vehicles. Derby Crown Court heard how 39-year-old Matthew Lambert was refuelling his road sweeper at the Company’s yard. The refuelling point on the vehicle was at the rear; whilst he was refuelling a tipper…
Employee killed in trench collapse
A company has been fined £2.6 million after an employee was killed when the trench he was working in collapsed in on him. On the 14 April 2010, Mr Sim, a sub-contractor working on behalf of Balfour Beatty Utility Solutions Limited, was laying ducting for new cable for an offshore windfarm that was being built off…
Toxic gas release… not a case of who ate all the sprouts…
A food waste disposal and recycling firm has been fined £250,000 following three employees becoming overcome by toxic gases (including hydrogen sulphide) and a reduced oxygen atmosphere whilst working in an animal waste facility. This prosecution comes 12 months after the firm was fined £660,000 following the death of an employee. The previous conviction resulted after a fatality…
Food giant fined for safety failings.
Frozen Food giant McCain Foods (GB) Limited has been fined £800,000 for safety failings after an employee nearly lost his arm. Peterborough Crown Court heard how 34-year-old employee, Adam Regan, was checking the condition of a conveyor belt when his arm became entangled and was almost severed. Although his arm was saved, he now has limited movement…
Dear Carole… Worried about overloaded vehicles…
Dear Carole One of our suppliers has changed the way they package their goods and I’m concerned there’s going to be a knock-on effect for the weight our lorries are carrying. I’ve got a lot on my plate at the moment – how serious is this? Michael Anderson, Leeds Short answer? Pretty serious! I understand…
Its an actual condition… #TGIF
Thank goodness we have finally found out that the boss has an actual condition… #Champagne #Friday #TGI
Bonfire & Fireworks – Not child’s play
Bonfire night has been and gone; with the news of several firework events being cancelled due to bad weather it got us thinking – doesn’t happen often we agree but it did – about fireworks, health & safety and children. Anyway, fireworks and bonfires are inherently dangerous and quite often people, mainly kids, forget this. For…
Offshore, Health, Safety and what’s going on…
Offshore oil and gas is often thought of as being one of the most dangerous and high risk areas to work in. Well, is this true? Let’s have a look at the Health and Safety Executive (HSE) annual Offshore Statistics & Regulatory Activity Report 2015 (“Report”). This Report tells us how the industry has performed in…
#getbrexitsavvy
Since 23 June 2016 when the British people voted to leave the European Union the conversations and topics have surrounded the momentous change to Britain’s political and economic landscape. The legal questions on the Brexit situation have been largely side-lined. Extricating the UK from the EU legal system is one of the biggest legal issues…
#Duty Calls…….
A Director, the leader of the pack, the boss, king (or queen) of the business…….everything you have dreamed off……but the reality is do you really know your duties and the penalties that occur if you fail to exercise your responsibilites? #PERSONALLY LIABLE You could be held personally liable for losses resulting from illegal acts, acting…
Stop!! Do you know your legal obligations?
With the dark nights upon us, we must confess The Apprentice is our guilty pleasure, as we get snuggled up on the sofa with a nice hot cuppa. Amongst all the frantic tasks, drama and tension of the boardroom, we have been thinking about the understanding of the legal obligations as a company director in…
Alton Towers bosses fined £5m – approximately 1% of firms turnover
Between the Alton Towers Smiler Roller coaster incident, the injury to Harrison Ford on the Star Wars set, and the former actress Brenda McFarland who was killed on a Network Rail crossing, one thing is for sure, the reality of health & safety breaches within the workplace was firmly placed in the media limelight. It…
A meeting about a meeting?
With the announcement that The Apprentice is soon to return to our screens, it got us thinking at Ferguson Legal about meetings, and ‘the boardroom’. How often should company’s hold board meetings? Is there a set rule? Does Lord Sugar conduct his meetings in the usual manner? Do companies have meetings for the sake of…
Three years to reach minimum standards + gambling with peoples’ lives = £1.8 million
This is a mathematical equation that adds up to one serious fine, but is believed is the only way to make companies sit up and pay attention that you cannot gamble with peoples’ health and wellbeing. The latest in the firing line is G4S receiving one extremely hefty fine after failing to reduce the risk…
A Stark Warning
I know we constantly bang on about health & safety at work but it is so essential for Company Directors to take personal responsibility to train and protect the safety of their workers…..as the consequences are devastating. Company Director Kenneth Thelwall, from Enfield, has been jailed for 12 months following the death of one of…
Gold, silver, bronze and green?
Get ready, set, hold on a minute the water is green? What really did happen the pools in Rio? After offering little clarity about why the water in two Olympic competition pools mysteriously turned green, Rio 2016 officials have said it was because a a contractor poured hydrogen peroxide into the diving well and the large pool in the centre. The…
The Million Pound Drop
Unfortunately this article is not about the Channel 4 BAFTA-winning game show hosted by Davina McCall, this is about the incident of Thames Water who earlier in the year were ordered to pay out a whopping, record breaking £1 million after polluting a canal in Hertfordshire. This is the highest ever fine for a water…
Out On a School Night, Paul Lawrie Foundation Dinner
Last week we attended the Paul Lawrie Foundation Dinner with special guest Sir Alex Ferguson. Sir Alex told tales from his management career that lasted for 39 years, where he won 49 trophies, making him the most successful manager in the history of British football – you could have heard a pin drop in the…
Such a boring subject…
Let’s be honest, most people do not take health & safety serious until something happens, correct? We are not accusing you of this, but like most fast paced lifestyles nobody stops to take heed until the pleeeeep hits the fan. This was one of the thoughts behind the Corporate Manslaughter and Corporate Homicide Act 2007…
No ‘happily ever after’ for Disney owned firm over Harrison Ford injuries
Here at Ferguson Legal, we often report on #besafe and the importance of complying with health and safety, but the latest high profile case to bring this theory into reality is that of Harrison Ford on the set on Star Wars – The Force Awakens. The unfortunate title of the film allows for many unforgiving…
Time to Clean Up Your Act?
I will do it tomorrow, It is only a little mess, they won’t do anything Sound familiar? These little messes can turn into one big nasty one as Oran Environmental Solutions found out. They got issued the highest penalty ever in Scotland for environmental offences for waste offences. The penalty was imposed on Oran Environmental…
Something’s Gotta Give
Since the announcement in April of funding from Central Government to the Health & Safety Executive being cut we were left wondering how can the same organisation run effectively with such a huge financial blow? This is going to be one uphill struggle, I mean we are not talking a few pounds here it will have…
Savvy sister site has arrived in style
From the outset it was always the ambition of Carole Ferguson, Managing Director of Ferguson Legal to showcase the fun and savvy side of the world of law, with a new, fresh and innovative approach giving a tongue and cheek style to hard hitting stories allowing everyone to relate which may have otherwise not struck…
“Hold me closer, Tony Danza.”
It always makes us laugh at the different words we all sign to the same song. What about you? Do you do this?
UK Offshore Safety Directive Regulator.
The UK Health and Safety Executive (HSE) and the Department for the Environment and Climate Change (DECC), working in partnership, now form the Offshore Safety Directive Regulator (OSDR). OSDR will act as the competent authority responsible for overseeing industry compliance with the EU Offshore Directive on the safety of offshore oil and gas operations. The…
Barrier collapses on baby’s pram leads to fine.
On 23 September 2014 Construction firm Kier Construction Ltd was fined £4,000 for safety failings after a barrier was blown on top of a pram injuring an 18-week-old baby. The Company plead guilty to breaching Section 3 of the Health and Safety at Work etc. Act 1974. Stirling Sheriff Court heard that on 24 October…
Directors prosecuted for worker death failings.
The co- directors of a former London scaffolding firm have been prosecuted after a trainee worker fell to his death from a poorly constructed scaffold in Westminster. Sonny Holland, 20, from Orpington, sustained multiple head injuries in the six-metre fall at Whitehall Place on 24 April 2008. He died in hospital the following day. Sonny…
Corporate manslaughter conviction.
Waste management company, Sterecycle (Rotherham) Limited, was found guilty of corporate manslaughter and fined £500,000 following the death of an employee. This incident occurred at the company’s plant in South Yorkshire in January 2011. In October 2012, Sterecycle ceased operations after having been placed into administration. It is uncertain how much of the £500,000 fine will be…
Pharmaceutical company fined £100,000 after man sprayed by toxic chemical.
A North East pharmaceutical company were fined on 20 September 2014 for a serious safety breach which left a worker fighting for his life in hospital. The employee, from Tyne and Wear, was sprayed with seven litres of bromine as he removed cables from a valve connected to pipework at Aesica Pharmaceuticals on the Windmill Industrial Estate,…
Spectator Safety at Motor Sporting Events.
As a self confessed petrol head, I follow the motorbike racing circuit, but find myself constantly faced with the devastating reality of the danger. This month, Malachi Mitchell-Thomas, 20 from Chorley in Lancashire, was killed at the North West 200 race in Northern Ireland when he crashed his Burrows Engineering Kawasaki on the approach to…
Work equipment: where to draw the line?
The case of Coia v Portvadie Estates Ltd [2015] CSIH 3 raised questions of what is and what is not: (i) “work equipment” in terms of the Provision and Use of Work Equipment Regulations 1998; and (ii) “a workplace” in terms of the Workplace (Health, Safety & Welfare) Regulations 1992. C was employed as a chef by…
£200,000 fine for corporate manslaughter.
The building and joining firm, Peter Mawson Ltd, and its owner were sentenced on 3 February 2015 at Preston Crown Court, following an incident in 2011 where a man died after falling through a fragile roof. The emergency services attended West Cumberland Farmers LTD, Lindal, Ulverston, following a report that a man had fallen through…
CAA Reports on progress of offshore helicopter operations.
The CAA published a report on the progress of its Safety Review of offshore helicopter operations. The comprehensive Safety Review that commenced in February 2014, examined the risks to helicopter operations to support the oil and gas industries in and around the North Sea. It identified a wide range of opportunities to improve the safety…
Health Board fined after pensioner struck by van.
Lothian Health Board was fined £40,000 following a guilty plea to section 3 of the Health and Safety at Work etc. Act 1974, when a pensioner was struck dead by one of its vans. The woman crossed a clearly marked pedestrian route into Edinburgh’s Western General Hospital when she was struck by the reversing van…
Chessington fined £150k after child suffers fractured skull.
Chessington World of Adventures Operations Ltd was fined £150,000 and ordered to pay £21,614 in costs after pleading guilty to breaching the Health and Safety at Work etc Act 1974. The charges were brought after a girl suffered a fractured skull, bleeding to the brain and broken ribs when she fell from the raised walkway…
Safety failings led to death of employee.
The sawmill company, A. Diamond and Son, has been fined a total of £75,000 and ordered to pay £15,832 in costs for safety failings that led to the death of employee, Peter Lennon in September 2012. The sentence followed a guilty plea to the charge of corporate manslaughter in December 2014. A joint investigation by…
CDM 2015 simplified.
With just under 50 days until the CDM Regulations 2015 potentially come into force and the CDM Regulations 2007 revoked, do you know what needs to happen between then and now? If a project is underway and will still be ongoing on 6 April 2015 it can carry on as is IF it will be…
Offshore services co fined following death.
Offshore services company, Bilfinger Salamis UK Limited, has been fined £100,000 for serious safety failings following an incident in which a worker died after plunging 23 metres from a North Sea platform into the sea. Mr Lee Bertram on 16 June 2011 was using ropes to: access below the deck; and carry out a sweep…
Care home managers charged with manslaughter
In England, 3 care home managers have been charged with manslaughter following the death of an 86-year-old woman who died two weeks after the property was shut down by inspectors. Ivy Atkin died in November 2012, a fortnight after she was moved from Autumn Grange Care Home in Sherwood Rise, Nottingham, into another care home. Inspectors from…
Lack of guarding leads to serious consequences.
An Ayrshire waste recycling firm has been fined £118,000 on 6 October 2014 for serious safety failings after an agency worker severed his left arm at the shoulder while clearing a conveyor belt blockage. Steven Dawson, then aged 28, was working as a line supervisor for Lowmac Alloys Ltd at its premises on the Oldhall…
Your mission should you choose to accept it…
Having attempted my first blog with the rather apt name of ‘Blog Off’… the time has now come for me to follow through with my blogging promises. This means actually trying to put together an informative piece which someone might actually find interesting (it can happen) and useful. I will therefore attempt a very death…
Risky Business… or just Risk Assessments…
Here we go again… for some reason I keep thinking of Tom Cruise films and this time the topic of risk assessments made me think of Risky Business – some might say the film that launched his career. Not least for the scene of him sliding into shot from the side in his pants and…
Mile high club? No, the mile high blogging club & a little H&S.
This blog is currently coming to you from 22,000 feet (and climbing). Sorry to do this to you but I am jetting off on holiday and, yes I love my work so much I thought I would work on the plane! Although don’t worry I don’t have a glass of fizz in my hand… yet!…
Substance Abuse, Good Hands & Weights aka COSHH, Manual Handling & Equipment.
I have been sitting staring at my computer screen for about 30 minutes trying to consider how to write about the next H&S topics and even I am struggling with how to put this down in a #Fun way…. Not least because my mind keeps drifting off to when is it okay to order a…
Accidents, Prosecutions & the Law.
ER, The Good Wife and reality… So I love, and I do mean love, the above TV shows. In fact I could sit up all night and overdose (forgive the pun) on them both. But what do they have to do with Health & Safety I hear you ask… Well, probably not a lot but…
Where does your business stand on slavery?
For many slavery may seem like an antiquated concept. One from many years ago, one that is banished and no longer of relevance. The truth of the matter however is that perhaps it still exists but in different forms of the traditional word ‘slavery’. Indeed, taking this further into modern day application as of October…
Scotland’s stand against human trafficking.
Following on from our last blog on the subject, we bring you a specific update regarding human trafficking in Scotland. The Scottish Parliament recently approved the Human Trafficking and Exploitation (Scotland) Bill. Under the bill the Scottish government is under a duty to develop and maintain a “Scottish Trafficking and Exploitation Strategy” in conjunction with other interested…
Directors behaving badly…
Unlike one of my favourite programmes in the 90s, Men Behaving Badly, directors behaving badly is no laughing matter. I loved the mischief that Gary and Tony got up to and the stereotypical male behaviour of the two of them. However when a director gets up to mischief, it can have severe consequences on the…
Special skills, Success and Saving the world…
When you hear special skills what do you think of? Heroes, avengers and special agents or just what people are good at? I bet you don’t think of company law and directors… Some however may want or need to know if they require any special skills or qualifications to become a director. When setting up…
Who will be Principal Designer?
The Construction (Design and Management) Regulations 2015 (CDM 2015) make the role of CDM co-ordinator obsolete and introduce the principal designer (PD). The associated, draft guidance (L153) offers no scenarios describing who might be PD under different procurement models nor the skills, knowledge, experience and organisational capability that they require. We therefore don’t know who…
Girl power!
No, not the Spice Girls rather the fact that the number of female solicitors in Scotland overtakes male for first time! http://www.lawscot.org.uk/news/2015/12/scottish-solicitors-now-majority-female/ (oh, here you go then)
Champagne, Clothing, Teenagers and OO7 – relevant to H&S?
So you will probably be wondering why on the earth we have used such a random title? Let’s face it H&S welfare, working environment and provision of clothing, equipment and assistance doesn’t really cut it as one of the top headline grabbing titles. Certainly doesn’t jump out and make you think I must read that……
Cuddle Tuesday!
Give us a cuddle… Anyone else feel like curling up and having a bosie? #CuddleTuesday Posting for no other reason than it’s cute and we want one…
What a commute!
Beautiful view on the way to the office.#aberdeenshire #deeside #gloriousviews#travellinglawyers
All’s clear in Terms & Conditions…well maybe not.
What do you ensure within your terms and conditions? Do you ensure that they are ‘fair’ on all parties? What do you consider fair? Do you think that your online terms should be different? This has been ‘hot’ news lately and the focus is on ‘online’ Terms and Conditions. With Facebook, Apple and Paypal all…
It Don’t Mean a Thing If It Aint Got That Bling.
The title of this blog in this case applies to our website, Fergusonlegal.co.uk, and it also applies to shoes but that’s another story on with the blog… I thought it would be cool to share our experiences of revamping our website, it’s quite a process but I’m happy to say well worth the final outcome,…
Love, Life or Business … it’s all personal.
When people set out on the road to business it is often like setting out in a relationship with a love interest… It is all smiles, dreams, what if’s and would/ could be’s and everything smells of roses. So high on the possibilities of what is to come and conquering the world – often the…
Keeping the Wolf (of Wall Street) from the door…
Although The Wolf of Wall Street is a fantastic movie it’s not an example of how we should run our companies. In the real world we need everything to be above board in the board room with regards private dealings, conflicts, shares and contracts… This follows our blog on directors’ responsibilities, focusing on individual directors and…
Alton Towers owner guilty over roller coaster crash.
When you hear the words health and safety what do you think? Yawn? Boring? Will look at it later? Well this story is sure to make you sit up and listen. The owner of Alton Towers Merlin Attractions Operations Ltd (“Merlin”) is facing a multimillion-pound fine after admitting breaking health and safety laws over the…
Time for an Inspection?
Knowing that you have a health and safety inspection of any kind is enough to work most people into a bit of a panic! There’s just something about the thought of a perceptive man or woman wondering around your workplace, armed with a clipboard and a sharp eye… But if you’re about to get hit…
Healthy body=healthy mind=new business?
Whether it’s tennis or golf (maybe not boxing) here’s an interesting article about doing business in those settings http://www.forbes.com/sites/cherylsnappconner/2013/01/24/19-tips-for-closing-a-deal-on-the-golf-course/#4877ca2e205a
Aberdeen offshore H&S update.
The summary report on the outcome of the joint DECC / HSE consultation on the implementation of the Offshore Safety Directive (2013 / 30 / EU), and the government response to the issues raised is now published. The consultation (CD272) which closed on 24 September 2014, also gathered views on the review of two offshore…
The Importance of Traffic Management.
On average, 7 workers are killed every year as a result of collisions with vehicles or mobile plant on construction sites. Approximately a further 90-100 are seriously injured. Workplace transport incidents are the second most common cause of serious and fatal incidents in the construction industry, yet they could easily be avoided by having proper plans…
“I’d like to thank….”
It’s a double whammy for Ferguson Legal! We’ve just been announced as AI’s Most Innovative Law Firm in Scotland 2016 along with winning Women in Law’s, Health & Safety Lawyer of the Year. We’re honoured to receive these accolades and hopefully they’re a recognition that we’re trying to be the fresh and innovative firm we set out…
Outsource it!
Ever wanted the benefits of an inhouse lawyer without the commitment? Designed for companies who need inhouse counsel without the requirement of a full time commitment or to supplement under-resourced legal departments. Our tailored and flexible service offers a lawyer on demand who will become intimate with your business and its appetite for risk while managing…
a bit about us.
Get Law Savvy is the blog partner of Ferguson Legal where the team has a chance to show the fun side of the law… Well, when your MD jumps out of a plane to celebrate turning 40, it’s kind of endemic in the office. Our favourite day is Friday so we can get away with…