BOSS FEDERATION Health & Safety Law: You could be held culpable! Mr Simon Lunken Head of Health and Safety

BOSS FEDERATION How Legislation Has Changed!

BOSS FEDERATION Explosives Act 1875 – (1923) The Boiler Explosions Act 1890 The Employment of Woman, Young Persons and Children Act 1920 Factories Act 1961 Office, Shops and Railway Premises 1963 The Health and Safety at Work etc Act HSE Workplace Legislation

BOSS FEDERATION Places general duties upon the employer AND the employee Known as the Enabling Act Breaches result in criminal prosecution Corporate Duties under Health and Safety At Work etc Act 1974 Personal Responsibilities under the Act Penalties For Breaches Onus of Proof Health and Safety At Work etc Act 1974

BOSS FEDERATION Special responsibilities under HSAW Act 1974 Section 37 relates to offences by corporate bodies (Directors and Senior Managers) Directors and Senior Managers

BOSS FEDERATION Corporate body – act committed with the consent or connivance of, or to have been attributed to any neglect on the part of any director, manager or other similar body corporate. He or she will be liable to be prosecuted against and punished accordingly. Section 37

BOSS FEDERATION No Defence!

BOSS FEDERATION Fresha Bakeries (trading as Harvestime) – senior management decided to use their own staff to undertake maintenance tasks on a bread oven, in an effort to save time and costs. – Ignored advice provided by oven manufactures (oven allowed to cool for at least 12 hours) – Work undertaken only 2 hours after the oven was turned off Example Section 37 prosecution

BOSS FEDERATION Result was -both men died of circulatory collapse, 80% burns and various fractures -Fines -Fresha Bakeries, Leicester £250,000 plus £175,000 in costs, under Section 2 -Harvestime Ltd £100,000 plus £75,000 costs, under Section 2 Section 37 -J Bridson, MD £20,000 plus £5,000 costs -B Jones, PD £1,000 no costs -D Masters, CE £2,000 no costs Fresha Bakeries continued

BOSS FEDERATION Austin Brickwork Ltd - Company Director Julian Austin instructed an untrained inexperienced employee to drive a FLT and undertake an activity upon the premises - The FLT driven by the employee knocked down and killed labourer Kevin Moyle - Fines - Austin Brickwork fined £40,000 plus £8,799 costs, under Section 2 - Julian Austin fined £20,000, under Section 37 Example Section 37 prosecution

BOSS FEDERATION Magistrates’ Court: Fines of up to £20,000 and/or six months imprisonment (sections 2-6 HSWA) Penalties for breaches of the general duties Crown Court: Unlimited fines and up to 2 years imprisonment

BOSS FEDERATION Penalties under Corporate Body s37 Prosecution Restricted fines No imprisonment (unless gross negligence is proved) The Company Directors Disqualification Act 1986

BOSS FEDERATION HSG65 – the 4C’s Leading Health and Safety – 4 steps Risk Management Policy Mitigate – ‘Risk Management’

BOSS FEDERATION The Safety Management Process SAFETY POLICY PLANNING ORGANISATION CONTROL MONITOR REVIEW RISK ASSESSMENT PROCEDURES AND PRECAUTIONS INSPECTIONS AUDITS

BOSS FEDERATION To summarise: - Public Interest Moral Legal Economic