H&S Legal Update MCCSG 13 June 2016 Key contact: Dewi Ap-Thomas Associate Solicitor 0151 242 6898 07850 311 496 dewi.apthomas@weightmans.com

Your presenter…who are you? Dewi Ap-Thomas Local lad Associate Solicitor Executive Committee Member of the HSLA

What we will cover How the Sentencing Guidelines are bedding in Corporate Manslaughter A synergy between the NHS and Construction New 5 year HSE Strategy Brexit – the effect on h&s?

Sentencing guidance effective from 1 February 2016 NOTE – immediate and retrospective effect – offences sentenced after this date, irrespective of date of commission of the offence More formulaic approach; and sentencing tables Still fundamentally based upon: Harm and culpability Factors affecting seriousness Financial circumstances (starting with turnover) OVERALL IMPACT – much heavier penalties for most (was that the intention?)

A 9 step approach (makes it sound more complicated than it is!) Step 1 – Determine the offence category Culpability Harm Step 2 – Starting point and category range Turnover is the key Factors affecting seriousness (agg and mit features) Steps 3 and 4 – Adjustments (“step-back”) Proportionality Other factors affecting ability to pay

Step 5 - Reduction for guilty pleas A 9 step approach Step 5 - Reduction for guilty pleas Step 6 – Compensation and ancillary orders Step 7 – Totality principle When dealing with multiple offences Step 8 – Court to give reasons Step 9 – Time spent on bail

New Sentencing Guidelines for Health & Safety, Corporate Manslaughter and Food Hygiene Cases Micro organisation – <£2m Small organisation - £2m-£10m Medium organisation - £10m-£50m Large organisation - >£50m Very large organisation ?

Recent Sentences McCain Foods (arm injury) - £800k Travis Perkins (fatal) - £2m Balfour Beatty (fatal) - £2.6m ConocoPhillips Ltd (near miss) – £3m Scottish Power (scalding) - £1.75m Greatdale Ltd (severe hand injury) - £15k Window Fitting case (fall from height) - £6k & £20k The next big case...Merlin Attractions, Summer 2016

Corporate Manslaughter...fail! R v MTW NHS Trust Death in 2012 of mother following C-section 2x GNM and 1x Corporate Manslaughter charge Allegations against Trust Inappropriate recruitment, poor/no system of supervision Why unsuccessful?....the prosecution expert Does this relate to the construction industry? Of course it does!

And finally....... “Helping Great Britain Work Well” New HSE Strategy (for GB, over next 5 years) Acting together – broader/collective ownership Tackling ill health – costs of ill health Managing risk well – simplifying risk mgmt Supporting small employers – simple advice Keeping pace with change – horizon scanning Sharing our success – promoting ourselves Brexit Would it change anything re H&S?

Questions......?

H&S Legal Update MCCSG 13 June 2016 Key contact: Dewi Ap-Thomas Associate Solicitor 0151 242 6898 07850 311 496 dewi.apthomas@weightmans.com