R&H NEWS - FEBRUARY 2007

In this February edition of Rowlands & Hames' E-News
we concentrate on Health & Safety and Risk Management

Are you aware that since 2004, under the Control of Asbestos at Work Regulations (amended 2002), all owners (or tenants who are responsible for maintenance) of non-domestic property are legally obliged to hold and maintain an 'Asbestos Register'? Many firms / property owners remain non-compliant and may face prosecution and significant financial penalties.

Compliance however need not be too burdensome. For most firms and property owners, the Register is simply a document noting the existence (or possible/probable existence) and location of any asbestos. The HSE's Regulations do not insist upon removal of the asbestos; they simply make it a necessity for 'duty holders' to search for asbestos, record its location, determine its condition and manage it.

Generally, provided the asbestos is encapsulated and should not come into contact with any person, documentation is all that is needed. The Register should then be provided to any tenant or maintenance/third party contractor prior to any work being undertaken.

Further information is available from -

Rowlands & Hames is able to recommend an independent risk management firm to prepare a Register for you and if necessary conduct various types of asbestos sampling. Should asbestos removal be an issue, you would then be in a position to seek quotations from specialist contractors, although this should be very rare.

Speak to your usual Rowlands & Hames contact for further information.

HAND-HELD MOBILE PHONE USE WHILST DRIVING

As from 27th February 2007 the penalty for driving whilst talking/using a hand-held mobile telephone increases to a £60 fine PLUS 3 penalty points.

This increase in penalty from £30 to £60, together with points on driving licences is in response to thousands of motorists flouting the law ever since it was first introduced just over three years ago. The Government plans to launch a new publicity campaign to make drivers aware of the imminent changes.

The insurance provided by a 'Chauffeur Plan' policy becomes even more relevant as the law steps up the pressure on motorists to comply with this law and not just speed enforcement.

Speak to your usual Rowlands & Hames contact for further information.

Few employers realise that the HSE expect firms to have extended their Health & Safety Policies to include reference to a) the use of fleet vehicles and b) to the use of employees' own vehicles on business use.

If your current H&S policy does not cater for vehicle usage, it is important that you review your policy without delay.

Advice is available from:

Rowlands & Hames has published its own guidance re the use of employees' own vehicles for business purposes - please see the Client Bulletin.

If you would like assistance with your Health & Safety Policy, Rowlands & Hames are in a position to recommend consultants to assist.

Speak to your usual Rowlands & Hames contact for further information.

POLICE TO SEIZE VEHICLES

The police make over two million enquiries every month on the Motor Insurance Database (MID). If they believe a vehicle (private or commercial) doesn't have insurance, they have the power to seize it immediately. Even if the Policyholder's policy is logged on the database, if the actual vehicle's registration mark is not, they can seize it.

Fleets are currently being targeted. Any vehicle that does not appear on the MID may be stopped. If evidence of cover cannot immediately be provided, there is a real threat of the vehicle being taken off the road there and then. The policyholder could then face a fee of around £200 to retrieve each vehicle, which can take up to two days to resolve.

The simple solution is to ensure that every vehicle (whether permanent or temporary) is recorded on the MID.

Speak to your usual Rowlands & Hames contact for further information.

FIRE RISK ASSESSMENTS

Since 1st October 2006 Fire Certificates, previously issued by local fire authorities, became a thing of the past. New regulations have transferred the strict responsibility for fire safety to the occupier(s) and/or owner of a property.

Every non-domestic property in England & Wales must now be assessed and a Fire Risk Assessment completed.

For further assistance we would recommend the following Risk Management sources:

The Government has now published various guides for most types of premises which can be purchased (or downloaded for free) from the Communities & Local Government Department's website above.

Many firms will be able to undertake the Fire Risk Assessment themselves but where assistance is required Rowlands & Hames is in a position to recommend a number of independent and inexpensive risk management firms who will be able to assist.

Speak to your usual Rowlands & Hames contact for further information.