Safety Solutuins Safety Seminar 8 th January 2013

SAFETY WHY BOTHER? LEGISLATION FINANCIAL INSURANCE MORAL

GENERAL DUTIES EMPLOYER “Reasonably Practicable” PROVIDE A SAFE PLACE OF WORKPROVIDE A SAFE PLACE OF WORK SAFE SYSTEMS OF WORKSAFE SYSTEMS OF WORK WELFARE FACILITIESWELFARE FACILITIES SAFE PLANT and MACHINERYSAFE PLANT and MACHINERY SAFETY CONSCIOUS STAFFSAFETY CONSCIOUS STAFF COMPETENT EMPLOYEESCOMPETENT EMPLOYEES TRAINING, INSTRUCTION & SUPERVISIONTRAINING, INSTRUCTION & SUPERVISION

GENERAL DUTIES EMPLOYER CARRY OUT A RISK ASSESSMENTCARRY OUT A RISK ASSESSMENT PREPARE A SAFETY STATEMENTPREPARE A SAFETY STATEMENT CONSULT WITH THEIR EMPLOYEESCONSULT WITH THEIR EMPLOYEES PROTECT SENSITIVE EMPLOYEESPROTECT SENSITIVE EMPLOYEES EMERGENCY PROVISION/PLANSEMERGENCY PROVISION/PLANS PERSONAL PROTECTIVE EQUIPMENTPERSONAL PROTECTIVE EQUIPMENT REPORT ACCIDENTS/DANGEROUS OCCURRANCESREPORT ACCIDENTS/DANGEROUS OCCURRANCES

EMPLOYER DUTIES (EMERGENCY/FIRE) TO EMPLOYEES AND PERSONS OTHER THAN EMPLOYEES HAVE PLANS AND PROCEDURES TO BE FOLLOWED IN EVENT OF EMERGENCY PLANS TO INCLUDE FIRE FIGHTING AND EVACUATION DESIGNATE EMPLOYEES TO IMPLEMENT PLANS – ADEQUATE NUMBER TRAINING FOR EMPLOYEES COOPERATE WITH OTHER EMPLOYERS

COMPETENT PERSONS TRAINING, KNOWLEDGE AND EXPERIENCE KEY PEOPLE FIRE COORDINATOR FIRE WARDENS/MARSHALS SEARCH PERSONNEL EVACUATION ASSISTANTS ALL EMPLOYEES/OCCUPIERS

FIRE PREVENTION HOUSEKEEPING MAINTENANCE SMOKING HOT WORKS ELECTRICAL HAZARDOUS SUBSTANCES MAINTENANCE AUDITING FIRE LOAD - SEPERATION/COMPARTMENTATION

WORKPLACE FIRES ATTENDED Total 1830

Appointment of Competent Person (Section 18 of 2005 Act) The Safety Health and Welfare at Work Act 2005 requires employers to employ/contract the services of a “competent person” to: Assist in ensuring the safety, health and welfare of his or her employees (Section 8, General duties of employer.) Perform functions relating to the protection from and the prevention of risks (Section 18, Protective and Preventive Measures) The amount of time spent by the “Competent Person” with the Organisation or solely to Health and Safety issues is proportional to the risks involved and the size of the undertaking

CONSULTATION (Sec 25 and 26) SAFETY REPRESENTATIVE FUNCTIONS NOT DUTIES CONSULT WITH AND MAKE REPRESENTATIONS TO EMPLOYER CARRYING OUT INSPECTIONS INVESTIGATING ACCIDENTS SAFETY COMMITTEES EMPLOYER TO ATTEND OR NOMINATE PERSON(S) TO ATTEND ON THEIR BEHALF SHALL INCLUDE SAFETY REPRESENTATIVE(S ) SHALL INCLUDE SAFETY OFFICER/COMPETENT PERSON

CORPORATE MANSLAUGHTER

Proposed Legislation - Currently “Corporate Manslaughter Bill 2011” Proposed Legislation - Currently “Corporate Manslaughter Bill 2011” Widespread across Europe – UK Corporate Homicide Act 2007 (6thApril 2008) Widespread across Europe – UK Corporate Homicide Act 2007 (6thApril 2008) TWO MAIN OFFENCES Undertaking – Applies to companies, sole traders, partnerships, Government Departments (Lifting the corporate Veil) Undertaking – Applies to companies, sole traders, partnerships, Government Departments (Lifting the corporate Veil) High Managerial Agent – Director, Manager, with decision making ability (Directing Mind) High Managerial Agent – Director, Manager, with decision making ability (Directing Mind)

THE UNDERTAKING Offence – Corporate Manslaughter 1.Where a duty of care is owed to the deceased 2.Failure to meet standard of care 3.The breach involved significant risk of death/serious personal harm 4.The breach caused the death PENALTY- Fine (Unlimited), Adverse Publicity Order

MANAGER Offence – Grossly Negligent Management causing death 1.Knew or ought to have known of substantial risk 2.Failed to take reasonable steps to eliminate 3.Failure fell below what would be reasonably expected in circumstances 4.Failure contributed to the commission of the corporate offence (quasi accessory) PENALTY on INDICTMENT Fine (appears unlimited) and/or Imprisonment (12 years max)

CASE STUDY R v JMW Farm Ltd N.I. (8 th May 2012) Collapse of bin positioned on forks of fork-lift truck Inherent and foreseeable danger Company aware, and not first time used in this way English Sentencing Guidelines: £500,000 “starting point” Guilty plea reduction Fine of £187,500 (6 months to pay)

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