This Practice Note focuses on consideration of health and safety issues, in the due diligence phase of a corporate transaction as regulatory health and safety requirements may have significant capital expenditure implications. It should be read with the Precedent: Health and safety due diligence questionnaire. Asbestos materials Industrial and manufacturing buildings (and sometimes plant) frequently contain asbestos materials. Businesses are legally responsible for managing asbestos within buildings and plant which they manage. Management and particularly removal of asbestos can be very costly. See Practice Note: Control of asbestos—duty to manage. A purchaser should request evidence of asbestos surveys for any buildings which predate 2000, and records to demonstrate that higher risk materials have been identified and managed appropriately (eg the materials have been removed, or encapsulated). This can include obtaining copies of the asbestos register, asbestos management system and consignment notes for the disposal of asbestos waste. A well managed business will have such records available. Where materials are proven to be well managed, they may present a lesser concern to a purchaser. If no such

1 General Date of meeting Chair Persons in attendance (names and roles) 2 Agenda General business Apologies and announcements General business Matters arising from the minutes of the previous health and safety consultation meeting not appearing elsewhere in this agenda and approval of the minutes of that meeting For information Information on significant health and safety incidents that have occurred

1 General Date of meeting Chair Persons in attendance (names and roles) Apologies 2 Minutes Announcements Noted: The following announcements were made by [name]:[insert detail] Previous meeting on [date] Noted: The following matters arose from the minutes of the previous health and safety consultation meeting on [date]:[insert detail] Minutes Noted: The minutes of the meeting on [date] were approved. Report on significant health and safety incidents Noted: [Name] reported on the following significant health and safety incidents

This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office of Rail and Road (ORR) or local authorities which resulted in sentences imposing fines of over £1m. This tracker is intended to assist practitioners in monitoring when large sentences for health and safety offences are being imposed for breaches of the Health and Safety at Work etc Act 1974 (HSWA 1974) and subordinate health and safety regulations. The tracker also assists practitioners to understand the application, in England and Wales, of the applicable offence specific sentencing guidelines for health and safety, corporate manslaughter and food safety and hygiene offences. The information contained in this tracker is listed chronologically by the date of sentence: • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016 • Sentences imposed on or before 31 January 2016 For information about when and how health and safety offences may be prosecuted,

Brexit impact 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by: • revoking substantial amounts of REUL from 31 December 2023 • re-labelling REUL as ‘assimilated law’ from 1 January 2024 • creating new powers in relation to assimilated law The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its

This Practice Note gives an overview of the ‘safety case regime’, a set of regulations applicable to owners and operators of offshore oil and gas installations, aimed at reducing the risks from major accident hazards to the health and safety of the workforce employed on offshore installations, and in connected activities. Brexit impact 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform)

Brexit impact 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by:  • revoking substantial amounts of REUL from 31 December 2023 • re-labelling REUL as ‘assimilated law’ from 1 January 2024 • creating new powers in relation to assimilated law The re-categorisation of REUL

Brexit impact 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by:  • revoking substantial amounts of REUL from 31 December 2023 • re-labelling REUL as ‘assimilated law’ from 1 January 2024 • creating new powers in relation

This Practice Note covers regulatory requirements relating to health and safety in the workplace including requirements relating to the provision of safe workplace equipment and manual handling. The regulatory requirements originate from a number of sources. See our Health and safety—key legislation table for a summary. This Practice Note covers health and safety requirements in an office-based workplace. Other industry/workplace-specific requirements may apply in different working environments. For information about the regulatory requirements relating to visual display screen equipment, please refer to the Practice Note: Display screen equipment—regulatory requirements. For practical information about managing and ensuring health and safety in the workplace, see Practice Note: How to manage health and safety in the workplace. For specific manual handling requirements, see subtopic: Manual handling. Legislative requirements Various pieces of legislation exist in relation to health and safety in the workplace. Health and Safety at Work etc Act 1974 Health and Safety at Work etc Act 1974 (HSWA 1974) is the primary piece of legislation covering occupational health and safety. In summary,

1 General Report compiled by: [Insert name] Position of person compiling the report: [Insert role] Date of report: [Insert date] 2 Persons involved Name of person(s) injured (or whose health and safety was compromised) [Insert] Position or role of person(s) (where employed) [Insert] Status of person(s) (if not a person at work eg, client/customer, visitor, etc) [Insert] Gender of person(s) [Insert] Age of person(s) [Insert] Address of person(s) injured [Insert] Telephone number of person(s) injured [Insert] Name(s) of any witnesses to the incident [Insert] Address of any witnesses [Insert] Telephone

The Health and Safety Executive (HSE), established by the Health and Safety at Work etc Act 1974 (HSWA 1974) is the main regulator of health and safety law in Scotland. The HSE has a dedicated division for Scotland which works closely with the Crown Office of the Procurator Fiscal Service for the investigation and prosecution of health and safety offences in Scotland. The duties imposed on employers and employees under HSWA 1974 apply equally in England, Wales and Scotland. For information on the key health and safety offences, see Practice Notes: • Safety and the risk to safety under the Health and Safety at Work Act 1974 • Failure to carry out health and safety duties under HSWA 1974—offences • Directors’ duties for health and safety • Employees' duties to take reasonable care for health and safety at work See also the Health and safety collection. Basis of the HSE’s statutory powers The HSE’s powers and duties stem from a range of statutes and statutory instruments including: • HSWA 1974 • Nuclear Installations