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Presentation to Crosscare - Health and Safety Law - Occupiers Liability A&L Goodbody 11 March 2013.

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Presentation on theme: "Presentation to Crosscare - Health and Safety Law - Occupiers Liability A&L Goodbody 11 March 2013."— Presentation transcript:

1 Presentation to Crosscare - Health and Safety Law - Occupiers Liability A&L Goodbody 11 March 2013

2 2 Nine core obligations as Employer Recent Court cases Real life case studies from Crosscares main Sectors Advice on how to deal with HSA investigations and prosecutions Duties and liabilities as an occupier Running Order

3 3 Safety Statement Hazard Identification and Risk Assessment Training Maintaining a safe workplace - Safety representative Your legal obligations as Employer

4 4 Consultation/Employee responsibilities Physical and mental health risks Working time Record keeping Some practical tips Your legal obligations as Employer

5 5 HSA v Wicklow County Council HSA is an active prosecutor DPP v PJ Carey Contractors Defence for the good and conscientious employer Recent Health & Safety Caselaw Recent Health & Safety Caselaw

6 DPP v SIAC and Ferrovial Expert evidence indicating exactly what failures are alleged should be before the court Prosecution cannot simply rely on the fact of a death of a death or injury to obtain a conviction Warcaba v Industrial Temps, Dublin Airport Authority and Ryanair Standards set in training should be followed in practice 6

7 Catering Services Catering Services Slips, trips and falls Kitchen safety – knives, burns, scalds Fire Safety Electrical faults/cooking Effective fire alarms Cleaning products 7

8 8 Inspection of restaurant identified trip hazards Improvement Notice served Follow up inspection 7 months later Cable trailing across a step Cluttered storage room Successful prosecution Fine of Stg£1,000 Plus costs of prosecution Catering Case Study – Trip Case Catering Case Study – Trip Case

9 9 Kitchen worker suffered a fractured skull and is unlikely to work again Kitchen floor was very slippery and safety mats were wholly ineffective Successful prosecution Stg£36,000 in fines and costs Improvement Notice served requiring complete replacement of the floor Catering Case Study – Slip Case Catering Case Study – Slip Case

10 10 Catering Assistant suffered burns on her back and on her feet Emptying a deep fat fryer and plastic bucket melted Investigation found No safe system of work in place Poor level of training and supervision Successful Prosecution Fine of Stg£16,000 Costs of Stg£9,500 Catering Case Study – Scald Case Catering Case Study – Scald Case

11 Accommodation Services Accommodation Services Manual Handling Ongoing High Court case Hotel maid claims heavy workload caused injury Biological hazards and sharps, e.g. syringes Fire Safety 11

12 Healthcare/Counselling Services Healthcare/Counselling Services Acute situations Care for vulnerable patients Key Risks Assault and verbal abuse Disorder and abuse from members of the public trying to access services Physical attack – individuals under the influence of alcohol or drugs, or those with mental illness 12

13 Healthcare Case Study Elderly patient suffered serious injuries after fall from first floor balcony of private room and died 2 days later The Court found that the hospital: failed to assess risk of patients falling from balconies failed to take adequate measures to control this risk Successful prosecution Fine of Stg£100,000 Plus costs of prosecution (almost £30,000) 13

14 14 Powers of Inspection Investigations Statutory Notices HSA – Inspections and Investigations

15 15 How can Health & Safety law really bite? Criminal Prosecutions Penalties Onus of Proof is on the employer Personal Criminal Liability for Directors HSA Prosecutions

16 16 Do: Check HSA inspectors authorisation Call your solicitors Keep a record of documents examined Consider exercising right to silence HSA Investigations and Prosecutions

17 17 Do: Consider separate legal representation? Stop the infringement Be aware that the Gardaí will usually investigate any serious accident also HSA Investigations and Prosecutions

18 18 Donts: Do not obstruct HSA inspectors Do not volunteer information or have informal chats Do not hide or destroy documents Do not sign anything without legal advice HSA Investigations and Prosecution

19 Occupiers Liability How does the liability of the owners and occupiers of buildings differ from the general rules on negligence? This is distinct from the duties of Crosscare as an employer under Health & Safety law.

20 Types of Third Party Entrants Visitors Recreational Users Trespassers Criminal Entrants

21 1. Visitors Who is a visitor? What duty is owed to a visitor? How may an occupier exclude or limit this exposure? Notices Must be reasonable in all the circumstances Minimum level of duty How does this affect Crosscare?

22 2. Recreational Users Who is a recreational user? What duty is owed to a recreational user? How does this differ from the duty owed to a visitor? What are recreational activities? How does this affect Crosscare?

23 3. Trespassers 3. Trespassers Who is a trespasser? Is any duty owed to a trespasser? Deterrent measures Retributive measures Why should any duty be owed to trespassers? How does this differ from the duty owed to a recreational user?

24 3. Trespassers Contd 3. Trespassers Contd. Courts show some leniency: Frequent trespassers Child trespassers Definition of reckless disregard Nuisance near roads Can I use force in the case of trespassers? How does this affect Crosscare?

25 4. Criminal Entrants No need for definition of criminal entrant! Is any duty owed to criminal entrants? Why so? How is this duty to be balanced against the right to self-defence and defence of Crosscare property?

26 Practical Application To Crosscare Premises Disgruntled clients Unauthorised car parkers How should Crosscare interact with the Gardaí? How should Crosscare deal with the press?

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