Safety at Sea – Where the Law Kicks In Bruce Craig Partner

Introduction Purpose of talk – to highlight certain safety responsibilities under the criminal law Legal compliance by having excellent systems which are constantly reviewed and complied with by well trained and competent people Today look at Onshore management In port At sea Corporate Manslaughter and Corporate Homicide Act 2007 Sentencing Guidelines

Onshore Management Planning of work Safety Management System Specific risks – e.g. rig move procedures in anchor handling Health & Safety at Work Etc Act 1974 Section 2 – duty to ensure safety of your employees so far as is reasonably practicable Section 3 – duty to ensure safety of those not employed by you so far as is reasonably practicable Onus on you to show that everything “reasonably practicable” has been done Section 7 – personal duty not to endanger safety of others

Onshore Management (cont’d) Section 37: “Where an offence … committed by a body corporate is proved to have been committed with the consent or connivance of, or have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer … he as well as the body corporate shall be guilty of that offence …” Management of Health & Safety at Work Regulations 1999 – obligation to Conduct risk assessments Implement necessary measures Appoint competent people Distribute appropriate information Provide training

Corporate Manslaughter and Corporate Homicide Act 2007 Statutory manslaughter for organisations Does not apply to individuals Might be prosecuted under health & safety legislation Prosecution must prove the way in which activities were managed or organised: Caused a person’s death in the UK including the UKCS; Amounts to a gross breach of a relevant duty of care owed to the deceased; and Senior management’s role in the breach was a substantial element

Corporate Manslaughter and Corporate Homicide Act 2007 (cont’d) A “gross breach” if the conduct “falls far below what can reasonably be expected of the organisation in the circumstances” Jury must consider whether failure to comply with health & safety legislation and if so How serious that failure was How much a risk of death it posed The jury may consider the extent of the organisation’s safety culture – does the evidence show that there were attitudes, policies, systems or accepted practices within the organisation which were likely to have encouraged such failure or produced tolerance of it? 31 cases so far – 26 convictions

In Port Traffic separation Gangway safety Quayside safety Confined Spaces Regulations 1997

At Sea Merchant Shipping Act 1995 Section 100 – owner liable for unsafe operation of ship Section 58 – conduct endangering ships, structures or individuals Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

At Sea (cont’d) Merchant Shipping & Fishing Vessels (Health & Safety at Work) Regulations 1997 Regulation 7 – “a suitable and sufficient assessment shall be made of the risks of the health & safety of workers” Code of Safe Working Practices for Merchant Seafarers

Sentencing Guidelines In force in England and Wales since February 2016 Apply to health & safety and corporate manslaughter cases Apply to organisations and individuals Must be followed by judge unless it is contrary to the interests of justice to do so Level of fines has increased significantly since introduction

Conclusion Crucial to have Safety culture to do absolute best to keep everyone safe Resilient systems Strong compliance Continual monitoring and improvement Well trained and competent personnel

Any Questions?