Owners of hospitality businesses run the risk of unlimited fines if they fail to address health and safety issues effectively. The international hotel group of legal firm CMS Cameron McKenna says health and safety is of particular concern to hospitality - especially hoteliers, whose industry relies on meeting high standards of public protection. Average fines are on the increase, and in the higher courts maximum financial penalties are unlimited.
Directors' responsibilityCompany directors will become increasingly liable for health and safety issues, with the Government tipped to introduce legislation making corporate killing a new offence. Senior company representatives are already liable to fines when proved to have committed an offence with connivance, consent, or as a result of neglect. The new offence could introduce jail sentences.
AsbestosThe Control of Asbestos at Work Regulations 2002 (CAWR) introduced a new duty to manage asbestos in non-domestic premises. Under regulation four, the "duty holder" responsible for the maintenance of the premises has to identify and record instances of asbestos, assess the risk, inform third parties such as contractors of its presence, and remove it if necessary.
Fire precautionsA full review of existing fire legislation is planned that will make employers totally responsible for carrying out risk assessments and reducing risk.
Food safetyOperators should stay abreast of food safety regulations and keep on top of issues such as traceability of food and product withdrawal requirements.
Combating legionnaire's diseaseNew Health & Safety Executive (HSE) guidelines require businesses such as hotels to pay more attention to water management and treatment.
InsuranceCMS says that implementing risk management systems and policies and carrying out relevant staff training will become increasingly important for operators looking to obtain insurance and/or reduce premiums.
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