Picture of Jan Burgess

Jan Burgess

Partner
Head of Health & Safety

CMS Cameron McKenna Nabarro Olswang LLP
6 Queens Road
Aberdeen
AB15 4ZT
United Kingdom
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, French

Jan Burgess heads the Health and Safety team covering the whole of the UK, is a solicitor-advocate, and has practised as a litigator for over 20 years – the vast majority of that has been dedicated to health and safety.

Jan represents a number of very large multinational client companies, who are mostly engaged in high-risk offshore oil and gas industry, dealing with matters ranging from representing and defending clients in criminal health and safety prosecutions, (including corporate manslaughter investigations), defending personal injury claims arising out of accidents at work, representing companies at Coroners' Inquests and Fatal Accident Inquiries, appealing enforcement notices, appeals to the Privy Council, advising directors of their duties in health and safety matters and generally assisting companies proactively in developing health and safety policies, dealing with the authorities and developing procedures on health and safety.

Many of her cases have been very high profile, and matters of grave importance to her clients.  A number of her cases have resulted in changes to this dynamic area of law.  Recently she has added offshore environmental law to her focus areas and regularly advises and defends clients in relation to offshore environmental matters.

Her team is available 24/7 to support client needs and operate a “hotline” for crisis response (0333 20 21 010). The team is able to give immediate advice when a crisis occurs and has been trained in root cause analysis to assist clients in their incident investigation.  She is also an auditor under the ISO 18001 scheme and trained in trial advocacy under the North American Institute of Trial Advocacy.

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A commentator commends her "depth of knowledge" and praises her as "very experienced, responsive and commercial."

Chambers, 2019

Relevant experience

  • A major multinational oil company successfully in relation to offshore oil pollution incident.
  • A major construction consortium at Coroner’s Inquest in multiple fatality.
  • A major building and construction materials company at Coroner’s Inquest.
  • A major oil operator at Fatal Accident Inquiry following diving fatality.
  • A major oil operator during police and HSE investigations into offshore fatality.
  • Numerous offshore operators on the impact of the European Offshore Safety Directive.
  • A renewable company in relation to windfarm fatality.
  • A major pharmaceutical company in relation to investigation into asbestos on premises.
  • Extensive global legal comparison for major charity in relation to the law on provision of first aid.
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Education

  • Solicitor Advocate. Qualified to practice in both England & Wales and in Scotland.
  • BA in French and Business Studies, University of Edinburgh, Edinburgh.
  • LLB with distinction, University of Aberdeen.
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13 January 2017
Ship­ping & Mari­time 2016
24/10/2018
Oil & Gas UK pub­lish their an­nu­al Health & Safety Re­port
Oil & Gas UK have pub­lished their re­port on Health and Safety (“the Re­port”) which aims to give an over­view of the off­shore oil and gas in­dustry’s per­form­ance in health and safety in 2017. It also provides a sum­mary of the activ­it­ies that Oil & Gas UK groups.
06/10/2014
Hos­pit­al­ity Mat­ters - Au­tumn 2014
Cur­rent top­ics in the hotel in­dustry
10/09/2018
Court of Ap­peal over­turns re­strict­ive in­ter­pret­a­tion of lit­ig­a­tion...
In its highly an­ti­cip­ated judg­ment re­gard­ing the scope of leg­al priv­ilege in re­la­tion to doc­u­ments cre­ated dur­ing in­tern­al in­vest­ig­a­tions, the Court of Ap­peal has ruled that com­mu­nic­a­tions between the Euras­i­an Nat­ur­al Re­sources Cor­por­a­tion (EN­RC), its em­ploy­ees.
20/02/2014
Health and Safety News­let­ter - Feb­ru­ary 2014
06/09/2018
Com­pany re­ceives an 85% re­duc­tion in the fine im­posed against them
Elec­tri­city North West Ltd (‘the com­pany’) was found guilty of breach­ing reg­u­la­tion 4(1) of the Work at Height Reg­u­la­tions 2005 (‘WAHR 2005’) (count 2). They were ac­quit­ted of breach­ing reg­u­la­tion 3(1) of the Man­age­ment of Health & Safety at Work Reg­u­la­tions.
01/08/2018
Im­port­ant con­sulta­tion im­pact­ing the de­cision to pro­sec­ute
On 23 Ju­ly 2018, the out­go­ing Dir­ect­or of Pub­lic Pro­sec­u­tions launched a con­sulta­tion in Eng­land and Wales on a pro­posed re­vi­sion of the Code for Crown Pro­sec­utors (the “Code”). The Code is a key doc­u­ment which pro­sec­utors must con­sider when de­cid­ing wheth­er.
30/07/2018
Up­date: The Off­shore En­vir­on­ment­al Civil Sanc­tions Reg­u­la­tions 2018
The Off­shore En­vir­on­ment­al Civil Sanc­tions Reg­u­la­tions (“the Reg­u­la­tions”) will come in­to force on 1 Oc­to­ber 2018. The Reg­u­la­tions in­tro­duce powers for the Sec­ret­ary of State to im­pose civil sanc­tions on off­shore com­pan­ies for breaches of spe­cified en­vir­on­ment­al.
17/05/2018
The spot­light is on night shifts
The Scand­inavi­an study, ‘Shift work and the risk of car­di­ovas­cu­lar dis­ease. A sys­tem­at­ic re­view and meta-ana­lys­is in­clud­ing dose-re­sponse re­la­tion­ship’ con­cluded that those who worked shifts had an in­creased risk of a car­di­ovas­cu­lar event by 17%.
16/05/2018
Net­work Rail found guilty fol­low­ing level cross­ing ac­ci­dent
On 11 May 2018, Net­work Rail was found guilty of an of­fence un­der the Man­age­ment of Health and Safety at Work Reg­u­la­tions 1999 for fail­ure to have in place a suit­able and suf­fi­cient as­sess­ment of the health and safety risks to em­ploy­ees.
11/05/2018
HSE de­mands more ac­tion on pre­vent­ing the ac­ci­dent­al re­lease of oil...
With the an­niversary of the Piper Al­pha dis­aster ap­proach­ing, Chris Flint, the dir­ect­or of the Health & Safety Ex­ec­ut­ive’s (HSE) en­ergy di­vi­sion has writ­ten to all off­shore oil and gas pro­duc­tion op­er­at­ors, de­mand­ing more ac­tion be taken to pre­vent the ac­ci­dent­al.
04/05/2018
New fig­ures re­leased by the In­sti­tu­tion of Oc­cu­pa­tion­al Safety and...
Ac­cord­ing to new sur­vey find­ings, nearly one in four con­struc­tion work­ers in the UK be­lieve they may have been ex­posed to as­bes­tos fibres, put­ting them at a great­er risk of de­vel­op­ing as­bes­tos-re­lated can­cers later in life, in­clud­ing meso­the­lioma, lung can­cer,.