Elf n safety – a waste of time?

1. Elf n safety – a waste of time? Jim King Principal Inspector HSENI

3. Overview • General areas of corporate risk including work related fatality • New risks • Impact for elected representatives and senior management – “Tone at the Top” • Legal preventive steps

4. Corporate Council Risks • Fire • Legionella outbreak • Waste recycling • Waste collection • Maintenance activity • Health issues including stress

5. Corporate Risk Following Work Related Injury or Fatality • Criminal liability • Civil liability • Gross negligence manslaughter • Corporate manslaughter • Loss of reputation • Loss of rate payers funds • Insurance

6. New risks • Health & Safety (Offences) Act 2008 • Corporate Manslaughter and Corporate Homicide Act 2007 • Sentencing guidelines for fatalities • Recession

7. Corporate Manslaughter and Corporate Homicide Act 2007 • Introduced new manslaughter offence for organisations • No “directing mind” hurdle • No new offence for individuals • Only if accident in the UK • Penalty – unlimited fine, remedial or publicity orders • In force since 6 April 2008

8. Factors to be taken into account by a jury May consider: • the extent of any attitudes, policies, systems or accepted practices likely to have encouraged such a failure or have produced tolerance of it • any health & safety guidance relating to the alleged breach (Includes IOD Guidance for Directors, Trustees, Officers and equivalent)

9. Sentencing Guidelines for Fatalities (1) Sentencing Guidelines Council (Feb 2010) • “Fines must be punitive and sufficient to have an impact on the defendant” Fines (HSW involving death) • “The appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more”

10. Sentencing GB Fines (Corporate Manslaughter) • “The appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds” • “it is no longer the case that fines of £500,000 are reserved for major public disasters”

11. Sentencing Factors affecting seriousness of offence: • “How far up the organisation does the breach go?” • “How common is this kind of breach in this organisation?” New lines of investigation/questioning

12. Recession • Pressure on finances – could that impact on safety budget? • Access to independent safety advice • Staff cuts – impact on safety critical roles and site managers’ responsibilities? • Pressure on contractors/service providers • Impact upon fine if “cost cutting at the expense of safety”

13. Impact for Senior Management – Tone at the Top Individual Criminal Liabilities • Gross Negligence Manslaughter (individuals) • Breach of duty of care so grossly negligent it deserves criminal sanctions • General Duties of employees (s8 HSWO) • Take reasonable care for H&S of yourself and others affected by your “acts or omissions at work”

14. A few key questions Attitude: • What do the staff think & what would they say to an inspector? • Is H&S an active objective in the appraisal process through the entire management chain? Systems & Accepted Practices: • Do systems reflect what happens on the ground • Do staff know who to contact and what procedure to follow after a safety incident?

15. Key questions continued Is there evidence of: • full compliance with health and safety law & guidance? or • is there a culture of tolerating breaches? Is there evidence that senior management: • are familiar with Corporate Guidance? • know what they have to do? • are actually managing and organising?

16. Last question • How do you know????????