Marta Tomlinson Solicitor Shakespeares LLP

Dictionary definition of leadership: NOUN 1. the position or function of a leader, a person who guides or directs a group:leader He managed to maintain his leadership of the party despite heavy opposition. Synonyms: administration, management, directorship, control, governorship, stewardship, hegemony.administrationmanagementdirectorshipcontrolgovernorshipstewardship hegemony 2. ability to lead: As early as sixth grade she displayed remarkable leadership potential. Synonyms: authoritativeness, influence, command, effectiveness; sway, clout.authoritativenessinfluencecommandeffectivenessswayclout 3. an act or instance of leading; guidance; direction: They prospered under his strong leadership. 4. the leaders of a group:leaders The union leadership agreed to arbitrate. What is Leadership?

First Rule of Leadership……….

Health & Safety at Work etc Act 1974 & Regulations Ensure the health, safety and welfare of employees and others in so far as reasonably practicable Risk assess and review Appropriate arrangements for work Carry out audits Appoint competent persons Inform employees The Current Law

Directors Responsibilities “In my country we go to prison first and then become president”

Director Responsibility Section 37 Health & Safety at Work etc… Act 1974 Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Director Responsibility Common Law Manslaughter Corporate Manslaughter Defendant (Director/Manager) owed a duty of care to the deceased The way in which a company’s activities are managed or organised Breach of that duty of careCauses a persons death Breach was grossly negligent Amounts to a gross breach of a relevant duty of care owed to that person

Corporate Breaches R v Lion Steel Equipment Limited [2012] R v J Murray & Son Ltd [2013]

Punishment “ a real leader faces the music when he doesn’t like the tune” Arnold H Glasgow

Punishment Custodial sentence Criminal record Fine Loss of employment Loss of reputation Stress Disqualification as a Director Remedial order Publicity order Legal / prosecution costs

Sentencing Guidelines How foreseeable was serious injury How far short of the applicable standard How common is this kind of breach How far up the organisation does the breach go

Sentencing Aggravating featuresMitigating features Failure to heed warningsHigh level of co-operation Cost cuttingA responsible attitude to H&S Deliberate breaches of legislation Expert advice taken Consultation with employees on H&S

“Leadership is an action, not position” Donnald McGannon

Benefits of strong leadership Reduced costs and risks Improve standards Improve reputation Increase Productivity

Costs of poor health & safety Time lost to work related incidents Deaths from occupational diseases Fatal injuries received by workers everyday

How to achieve effective leadership Strong and active leadership from the top Worker involvement Assessment and review

Plan Board level Health & safety policy Sub-committee Who takes responsibility for this Establish the key issues How to communicate health & safety throughout the organisation

Do How health & safety arrangements will be resourced Obtain competent health & safety advice Risk assessments are carried out (and recorded) Employees and representatives are involved Visible Management Appointments Procurement standards Training

Check Monitor and review Reporting Incident data Progress of training Audit New changes Appraisals

Act Annual Board Review Is it an accurate reflection? Actions to address weaknesses Immediate reviews “shop floor” visits Reward