New Guidance on Personal Protective Equipment

There is a second edition of the Personal Protective Equipment at Work Guidance. The new version sets out changes to Regulations 3,4, 6 and 9 supported by new guidance and also reflects the latest developments in most personal protective equipment. A copy is in the library.

Mental Capacity Act

The Mental Capacity Bill received Royal Assent on 7 April 2005. However it will not come into effect until 2007.

The Act will create a new Court of Protection that will have special procedures and Judges. It will also create a Public Guardian to take over from the current Public Guardianship Office.

It will make clear that a person should be assumed to have capacity unless proven otherwise. A “best interests checklist” is included for people acting on behalf of others, including consideration for the person’s wishes, feelings, beliefs and values.

Information

Turner and Newell (T&N) creditors committee meeting

Something else to note for those working on asbestos cases, which has already been circulated to the National Asbestos Team. There is a proposed settlement agreement and a resolution that was passed at the meeting of the T&N UK creditors recently. There is a fund of £33 million, which will be made available to UK asbestos claimants and which is expected to produce a dividend of 24 per cent. In addition, claimants will be entitled to 7.5 per cent of the recovery from Hercules Reinsurance. Also, a share of £36 million, recovered from the UK insurers RSA and Lloyds Syndicate, will be paid in addition to those claimants with post 1969/1972 exposure.

There are conditions that must be met before the agreement becomes effective. Directions will be sought from the court as to whether future claimants can be bound by such a scheme. The timetable for implementation of the agreement will depend on the outcome of this.

On the web

The HSE has published a new info sheet on how to avoid slips and trips at work and the importance of floor cleaning. Go to http://www.hse.gov.uk/pubns/web/slips02.pdf