Health and safety issues on corporate transactions

Any business or company will be required to comply with a variety of health and safety obligations. These may be general (ie those that apply to any organisation of its type) or specific (ie those that apply to that organisation as a result of the specific nature of its activities).

Environmental and health and safety (EHS) issues are typically considered together on corporate transactions given that:

1. •

   audits by environmental consultants will often include key health and safety issues, and

2. •

   advice on health and safety issues, such as asbestos in buildings, is normally provided by environmental lawyers as specific indemnities may be required

When acting or advising on a transaction, a corporate lawyer will need to:

1. •

   identify where there may be a potential EHS issue

2. •

   highlight to the client any potential EHS issue and seek instructions

3. •

   deal appropriately with any potential...