Health safety law you could be held culpable
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Health & Safety Law: You could be held culpable!. Mr Simon Lunken Head of Health and Safety . How Legislation Has Changed!. Workplace Legislation . Explosives Act 1875 – (1923) The Boiler Explosions Act 1890 The Employment of Woman, Young Persons and Children Act 1920 Factories Act 1961

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Health & Safety Law: You could be held culpable!

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Health safety law you could be held culpable

Health & Safety Law: You could be held culpable!

Mr Simon Lunken

Head of Health and Safety


How legislation has changed

How Legislation Has Changed!


Workplace legislation

Workplace Legislation

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 1974 - HSE


Health and safety at work etc act 1974

Health and Safety At Work etc Act 1974

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


Directors and senior managers

Directors and Senior Managers

Special responsibilities under HSAW Act 1974

Section 37 relates to offences by corporate bodies (Directors and Senior Managers)


Section 37

Section 37

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.


No defence

No Defence!


Example section 37 prosecution

Example Section 37 prosecution

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


Fresha bakeries continued

Fresha Bakeries continued

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


Example section 37 prosecution1

Example Section 37 prosecution

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


Penalties for breaches of the general duties

Penalties for breaches of the general duties

Magistrates’ Court:

Fines of up to £20,000 and/or six months imprisonment

(sections 2-6 HSWA)

Crown Court:

Unlimited fines and up to 2 years imprisonment


Penalties under corporate body s37 prosecution

Penalties under Corporate Body s37 Prosecution

Restricted fines

No imprisonment (unless gross negligence is proved)

The Company Directors Disqualification Act 1986


Mitigate risk management

Mitigate – ‘Risk Management’

HSG65 – the 4C’s

Leading Health and Safety – 4 steps

Risk Management Policy


The safety management process

TheSafety ManagementProcess

PLANNING

SAFETY POLICY

RISKASSESSMENT

ORGANISATION

PROCEDURES AND PRECAUTIONS

CONTROL

INSPECTIONS

MONITOR

AUDITS

REVIEW


To summarise public interest moral legal economic

To summarise:

- Public Interest

Moral

Legal

Economic


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