Safety Solutuins
Safety Seminar
8th January 2013
SAFETY WHY BOTHER?
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LEGISLATION
FINANCIAL
INSURANCE
MORAL
GENERAL DUTIES EMPLOYER
“Reasonably Practicable”
•PROVIDE A SAFE PLACE OF WORK
•SAFE SYSTEMS OF WORK
•WELFARE FACILITIES
•SAFE PLANT and MACHINERY
•SAFETY CONSCIOUS STAFF
•COMPETENT EMPLOYEES
•TRAINING, INSTRUCTION & SUPERVISION
GENERAL DUTIES EMPLOYER
•CARRY OUT A RISK ASSESSMENT
•PREPARE A SAFETY STATEMENT
•CONSULT WITH THEIR EMPLOYEES
•PROTECT SENSITIVE EMPLOYEES
•EMERGENCY PROVISION/PLANS
•PERSONAL PROTECTIVE EQUIPMENT
•REPORT 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
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HOUSEKEEPING
MAINTENANCE
SMOKING
HOT WORKS
ELECTRICAL
HAZARDOUS SUBSTANCES
MAINTENANCE
AUDITING
FIRE LOAD SEPERATION/COMPARTMENTATION
WORKPLACE FIRES ATTENDED 2010- 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
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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
CORPORATE MANSLAUGHTER
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Proposed Legislation - Currently “Corporate Manslaughter Bill 2011”
Widespread across Europe – UK Corporate Homicide Act 2007 (6thApril 2008)
TWO MAIN OFFENCES
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Undertaking – Applies to companies, sole traders, partnerships,
Government Departments (Lifting the corporate Veil)
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High Managerial Agent – Director, Manager, with decision making ability
(Directing Mind)
THE UNDERTAKING
Offence – Corporate Manslaughter
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Where a duty of care is owed to the deceased
Failure to meet standard of care
The breach involved significant risk of death/serious personal harm
The breach caused the death
PENALTY- Fine (Unlimited), Adverse Publicity Order
MANAGER
Offence – Grossly Negligent Management causing death
1.
2.
3.
4.
Knew or ought to have known of substantial risk
Failed to take reasonable steps to eliminate
Failure fell below what would be reasonably expected in circumstances
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. (8th 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)
Thank You For Your
Thank You
For Your Attention
Attention