1. H&S Legal Update MCCSG 13 June 2016
Key contact:
Dewi Ap-Thomas
Associate Solicitor

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

3. 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?

4. 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?)

5. 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

6. 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

7. 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 ?

11. 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

12. 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!

13. 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?

14. Questions......?

15. H&S Legal Update MCCSG 13 June 2016
Key contact:
Dewi Ap-Thomas
Associate Solicitor