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©Apodi Limited 2008 Apodi Overview Presentation
©Apodi Limited 2008 About Apodi Specialist provider of outsourced business solutions, primarily to the Pharmaceutical and Healthcare Markets We provide outsourced or distinct assignment based people solutions
©Apodi Limited 2008 Apodi Service Areas Sales & Marketing Human Resources Resourcing Finance
©Apodi Limited 2008 Our Clients & Assignments An example of some current recruitment campaigns with our Pharmaceutical & Healthcare customers
©Apodi Limited 2008 Apodi Core Team Sharon Sunley Director of HR 10 years HR in NHS then 18 years experience at HR Director level in IT and Pharmaceutical industries Gillian Morgan Head of Resourcing Services 24 years senior operational, resourcing and development experience Tony Swift Managing Director Highly successful business leader specialising in professional services Sarah Jones HR Manager 15 years experience in HR & Training Lynn Jeggo Head of Marketing Services 17 years Marketing & Business Development Lynne Sullivan Founder Director Extensive experience in finance and admin services to a range of industry services + HR Managers Resourcing Managers And a full administration team
©Apodi Limited 2008 Employers Duty of Care
©Apodi Limited 2008 Agenda What is Duty of Care? Legal Responsibilities Best Practice Driving at Work Corporate Manslaughter Stress Case Study Summary
©Apodi Limited 2008 What is Duty of Care? Health & Safety at Work Act 1974 contains the criminal law duty owed by an employer to its employees….to ensure, so far as is reasonably practicable, the health, safety and welfare at work of its employees Employers also have duty of care to non-employees: –The self-employed –The employees of other organisations working closely with their own employees –Members of the public who maybe affected by their business activities Employees also have duty of care to: –Take reasonable care to avoid injury to themselves or to others –Co-operate with their employer and others in meeting statutory requirements –Not misuse or interfere with anything provided to protect their safety or welfare
©Apodi Limited 2008 Legal Responsibilities Employers general duty extends to (but is not limited to): –Provision of: Information, instruction, training and supervision Welfare facilities and arrangements Systems of work Arrangements for the use, handling, storage & transportation of articles and substances –Maintenance of: Machinery, equipment and appliances Workplaces under the employers control The working environment
©Apodi Limited 2008 Legal Responsibilities Duty of care extends to physical and mental injuries including work related stress –Duty of care owed to each employee as an individual –Cannot adopt one shoe fits all approach Consider what employer actually knows and what they should know Level of care should be that which an ordinary and prudent employer would take in the circumstances
©Apodi Limited 2008 Best Practice Risk control –No-one has to actually be injured to bring a successful prosecution, just prove there was a risk / breach Conduct regular risk assessments with staff in relation to their current role including systems of work Ensure systems of work reflect actual working practices Conduct regular risk assessments at all premises to include the environment and any machinery Warning notices
©Apodi Limited 2008 Risk Assessments Careful examination of what work activities can cause harm to people Appropriate to your organisation Not over complex or technical Carried out by a competent person Conducted regularly Document and follow up Minimise risks Risks cannot always be completely removed
©Apodi Limited 2008 Driving at Work Legal Responsibilities HSAWA Duty of care To ensure the health and safety of all employees at work Manage health & safety effectively Does not apply to commuting
©Apodi Limited 2008 Best Practice Ensure health & safety policy covers work-related road safety and accident reporting procedures Communicate policies to relevant employees Regularly check driver documentation –Driving licence –MOT –Insurance Drivers handbook Assess competency of drivers –Driver awareness training Monitor journey times / distance driven Prohibit use of mobile phones
©Apodi Limited 2008 Corporate Manslaughter Act 007 Scotland – Corporate Homicide Act Guilty if way in which activities are managed or organised causes a death amounting to a gross breach of duty of care to the deceased New Act de-personalises the offence Enables an organisation to be assessed on a wider basis Guilty party – the organisation Focus on management systems and practices No imprisonment Unlimited fine – 10% of annual turnover? Remedial and / or publicity order
©Apodi Limited 2008 Corporate Manslaughter 30 companies prosecuted under old system and fined between £4,000 - £90,000 – Keymark Haulage Large organisations escaped liability – P&O Herald of Free Enterprise
©Apodi Limited 2008 Best Practice Ensure compliance with industry standards & codes of practice Review companys policies and procedures particularly in relation to vehicles and work-related driving Review quality procedures as legislation also relevant to supply of defective goods Conduct & document regular risk assessments Ensure awareness of health & safety reporting procedures Review job descriptions to determine who would be considered as senior management and ensure they understand their responsibilities Appoint one director as Health & Safety Director Check employers insurances
©Apodi Limited 2008 Stress Duty of care extends to work related stress Increasing problem for employers Exposes the organisation to claims under HSAWA & DDA –Northumberland County Council settled claim for £175,000 –Deutsche Bank ordered to pay over £850,000 Must be a serious breach of duty of care for claim to succeed Employee would have to establish that employer knowingly put employee in stressful situation
©Apodi Limited 2008 Best Practice Its good to talk! –Field visits, 1:1s, Appraisals, Return to Work Interviews Conduct risk assessment Make reasonable adjustments Document all discussions / meetings Involve HR/GP/OH at earliest opportunity Promote / package compliance driven benefits as genuine benefits –Employee advice line –Flexible working –Occupational health Adopt a well-beingculture –Lunch time activities –Healthy eating –Citigroup - health centre Beware!
©Apodi Limited 2008 Case Study Judy is a Medical Rep and joined 6 months ago, she has been complaining that she does not have the support from the company to do her job. Now she has sent in a note from her doctor to say she has been signed off with stress. As her line manager, what should you do ? The absence continues, and her territory is suffering, can you dismiss her?
©Apodi Limited 2008 Case Study Steve is a Medical Rep and takes the car allowance and uses his own car for business. He has just been involved in a car accident whilst on business and using his blue tooth. It also transpires that he did not have adequate car insurance. Do you think your company is liable? What policies should you put in place for non- company car drivers for the future?
©Apodi Limited 2008 Case Study Youve just had your staff annual sales conference and a lot of alcohol has been consumed at the evening gala event. The next morning Reps head off back home some are probably still over the limit! Should that be a concern to your organisation or is that the individuals responsibility?
©Apodi Limited 2008 Summary Employers have duty of care to employees, contractors and members of the public Duty of care extends to both physical and mental conditions including work related stress Minimise risks by: –Appointing a Health and Safety Officer / Contractor –Communicating relevant policies and procedures regularly –Conducting regular risk assessments (both group and individual) –Fostering a well-being culture
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