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Managing Health & Safety. Kevin Burniston Lisa McCaulder. Legislation. The Corporate Manslaughter and Corporate Homicide Act 2007. Legislation. The legal requirement How to prepare for the Act. Objectives:-. Legislation. Rooted in Law Commission proposals in 1996

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managing health safety

Managing Health & Safety

Kevin Burniston

Lisa McCaulder

legislation
Legislation

The Corporate Manslaughter and Corporate Homicide Act 2007

legislation3
Legislation
  • The legal requirement
  • How to prepare for the Act

Objectives:-

legislation4
Legislation

Rooted in Law Commission proposals in 1996

Royal assent – 26th July 2007

Effective – 6th April 2008

Current Position

legislation5
Legislation

To make it easier to convict organisations for work-related deaths caused by negligence by removing onerous requirement to prove the PERSONAL and INDIVIDUAL guilt of manslaughter of one of the ‘controlling minds’ at the highest management level

Objective

legislation6
Legislation

The Act will NOT impose any:

  • New obligations
  • New safety measures
  • New management processes

N.B.

legislation7
Legislation

To alter the ‘corporate risk’ profile by re-classifying conduct that is already an offence under OHS legislation as ‘corporate manslaughter’ (‘corporate homicide’ in Scotland)

The Acts main effect will be:-

legislation8
Legislation

The ‘old’ common law offence of manslaughter is confined to individuals and corporate bodies.

Corporate manslaughter offence extends to:

Partnerships

Trade unions

Employers bodies

Police forces

Government bodies

legislation9
Legislation

Corporate manslaughter committed if

the way in which an organisation’s

activities are managed or organised:-

  • causes a person’s death and
  • amounts to a gross breach of relevant duty of care

Core Provision

legislation10
Legislation

Conduct amounts to a breach of duty that falls far below what can reasonably be expected of the organisation in the circumstances

Gross breach

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Legislation

Prosecution must show that the way in which an organisation’s activities are managed or organised by its ‘senior management’ was a substantial element in the breach of the duty of care

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Legislation

People who play significant roles in making decisions about how the organisation’s activities are managed

How senior? = grey area

‘Senior management’:-

legislation13
Legislation
  • To employees or others working for the organisation
  • As the occupier of premises
  • When undertaking various activities e.g. supply of goods or services
  • To persons held in custody or otherwise detained

Duty of care owed by organisation:-

legislation14
Legislation
  • Due primarily to negligence of a co-worker
  • Occurring for reasons which cannot be laid at the door of managers with confined line management responsibilities

Act not applicable to deaths

legislation15
Legislation

Act does not require proof of any individual being guilty of an offence – AS REQUIRED BY ‘OLD’ LAW

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Legislation
  • The organisation failed to comply with relevant legislation
  • The serious nature of that failure
  • How much of a risk of death was posed as a result
  • That attitudes, policies, systems or accepted practices were likely to have encouraged such failure or tolerance of it

Jury considers evidence which shows:-

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Legislation
  • Management knew of the risks
  • Management sought financial gain for the organisation from the failure to comply with OHS legislation

Jury considers extent to which:-

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Legislation

UNLIMITED FINE

+

PUBLICITY ORDER – publication of the offence and penalties

Penalties

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Legislation
  • New Act has no impact on individual liability
  • As before can still be guilty of common law manslaughter for gross negligence in conduct of their management role

Individual liability

legislation20
Legislation
  • Identify activities with potential for serious accidents
  • Review relevant risk assessments and safe systems of work
  • Identify items arising which have not been actioned e.g. from recent audits
  • Present to ‘board’ on new Act

How to prepare for the Act

legislation21
Legislation
  • Ensure competence of managers and supervisors i.e. training, experience and attitude
  • Seek measurable improvements in safety culture among senior managers
  • See HSE’s sample questionnaire at www.hse.gov.uk/ IOD guidance

How to prepare for the Act

health and safety management systems
Health and Safety Management Systems

Health & Safety Management Systems

  • HSG65 – Successful Health and Safety Management
  • BS OHSAS 18001 – Occupational Health and Safety Management Systems Specification
  • BS8800
hsg65
HSG65

HSG65

  • “Successful Health and Safety Management”
  • The only management system “approved” by HSE
slide24

Policy

Organisation

Planning and Implementation

Auditing

Measuring Performance

Reviewing Performance

HSG65

Policy Development

Organisational Development

Developing techniques of planning, measuring and reviewing

Feedback loop to improve performance

bs ohsas 18001
BS OHSAS 18001

BS OHSAS 18001:2007

  • Accepted internationally across industries as a demonstration of good management practice
  • Equivalent to ISO9001:2000 and ISO14001:1996 in structure and format
slide26

Continual Improvement

Management review

OH&S Policy

Planning

Checking and corrective action

Implementation and operation

BS OHSAS 18001

bs ohsas18001 hsg65
BS OHSAS18001 HSG65

Appropriate

Include continual

improvement

Include

commitment to

comply with law

Implemented

Communicated

Reviewed

Allied to business

risks

Include TQM

(PDCA)

Systematic approach

Implemented

Allied to HR

management

Reviewed

HSG65

BS OHSAS 18001

implementation and operation
Implementation and Operation

Output

  • A comprehensive, understandable OH&S Policy that is communicated throughout the organisation

OH&S Policy

bs ohsas18001 hsg6531
BS OHSAS18001 HSG65

Hazard ID and Risk

assessment and

control

Legal requirements

Objectives

Management

Programmes

Risk Control

Systems

Management

Arrangements

Workplace

precautions

Performance

standards –

KPMs

HSG65

BS OHSAS 18001

legal requirements32
Legal Requirements

A formal process to identify:-

  • Legal requirements (new and changing)
  • Best practice
  • Benchmarking opportunities
  • Information Sources

Legal Requirements

planning
Planning

Output

  • Risk Management Strategy
  • Risk Control Systems
  • Risk Profile
  • Database of applicable law and guidance
  • OH&S objectives for each part of the business
  • Documented Management Programmes

Planning

legal requirements34
Legal Requirements

Implementation

and

Operation

bs ohsas18001 hsg6535
BS OHSAS18001 HSG65

Structure and

Responsibilities

Competence

Consultation and

Communication

Documentation

Document and Data

Control

Operational Control

Emergency Planning

Define

responsibilities and

relationships

Competence

Communication and

Co-operation

Control

Management

Arrangements

KPIs

BS OHSAS 18001

HSG65

implementation and operation36
Implementation and Operation

Output

  • Description of roles and responsibilities
  • CMS
  • Safety communications
  • A written management system
  • Document Control Procedure
  • Workplace controls
  • An emergency plan

Implementation and Operation

legal requirements37
Legal Requirements

Checking

And

Corrective Action

bs ohsas18001 hsg6538
BS OHSAS18001 HSG65

Performance

Monitoring

Accidents,

incidents and

non-conformance

monitoring and

analysis

Records and record

management

Audit

Active Monitoring

Reactive

Monitoring

Accident

Investigation and

RCA

Audit (separate

section)

BS OHSAS 18001

HSG65

checking and corrective action
Checking and Corrective Action

Output

  • Inspection schedules and checklists
  • Records of inspections etc
  • Maintenance plans
  • Accident and incident reports
  • Accident investigation reports
  • Audit reports

Checking and Corrective Action

legal requirements40
Legal Requirements

Management

Review

bs ohsas18001 hsg6541
BS OHSAS18001 HSG65

Review of

every part of the

system by top

management

Reviewing

Performance

Audit

BS OHSAS 18001

HSG65

management review
Management Review
  • Policy review
  • Updating objectives
  • Adequacy of risk management procedure
  • Accident reporting and recording
  • Proactive monitoring review
  • Audit
  • Changing environment

Management Review

legal requirements43
Legal Requirements

Continual

Improvement

continual improvement
Continual Improvement
  • Should happen naturally
  • Located in the feedback loops
  • Information is gathered from every part of the system
  • That information is used to improve every part of the system
  • As something is improved it is checked and reviewed – and so information is generated for the next improvement

Continual Improvement

management review45
Management Review

Any Questions?

Thank you for your kind attention

Kevin Burniston and Lisa McCaulder