3rd February 2020
Government measures to improve building safety; latest sentencing news; medical devices cybersecurity guidance; and more.
On 20 January 2020, warning that the slow pace of improving building safety standards will not be tolerated, the Housing Secretary announced a package of measures to improve building safety in the wake of the Grenfell Tower disaster in June 2017. Key points are:
On 21 January 2020, the government published its response to the Grenfell Tower Inquiry Phase 1 report, setting out the steps it is taking to implement the report’s recommendations and the wider work it is doing to make buildings safer.
Tesco Stores Limited was fined £733,333 after an elderly customer slipped on water pooling from leaking refrigerator units and suffered multiple injuries which left him unable to bend his leg. The company failed either to cure the underlying blockage or effectively deal with the leakage over an extensive period of time before the incident. The judge found that the company had been highly culpable, the maintenance issues repeatedly reported should have been identified and addressed at area management level, and there was a high likelihood of people slipping and sustaining a material level of injury.
A Sheffield company was fined £700,000 (with full costs of just under £170,000) after a worker was fatally wounded by shrapnel ejected from testing equipment. The HSE inspector said: “This was a tragic and wholly avoidable incident, caused by the failure of the company to identify any additional risks that arise when work processes are adapted. Companies should accurately identify and control all potential hazards in the workplace and thereafter monitor performance through effective supervision.”
A construction company was fined £500,000 after a worker was killed while carrying out demolition work. The HSE investigation found, among other things, that in the weeks before the incident CCTV from overhead cameras showed demolition work had been carried out unsafely. The HSE inspector said: “In the weeks prior to this tragic incident workers were regularly put at an acute risk of falling. This is a case of a company wanting to have good systems to protect the workers, but not paying enough attention to what was actually happening at the site.”
Please see our recent briefing for details.
The European Medical Device Coordination Group recently published guidance on how to fulfil the cybersecurity requirements of the Medical Devices Regulations (MDRs) . The guidance explains that the MDRs set out new essential safety requirements for all medical devices that incorporate electronic programmable systems and software that are medical devices in themselves. They require manufacturers to develop and manufacture their products in accordance with the state of the art taking into account the principles of risk management, including information security, as well as to set out minimum requirements concerning IT security measures, including protection against unauthorised access.
 Regulation (EU) 2017/745 on medical devices and Regulation (EU) 2017/746 on in vitro diagnostic medical devices, which apply fully from 26 May 2020 and 26 May 2022 respectively.