1. Overview Presentation
Apodi
Overview Presentation

2. About Apodi
Specialist provider of outsourced business solutions, primarily to the Pharmaceutical and Healthcare Markets
We provide outsourced or distinct assignment based people solutions

3. Apodi Service Areas Sales & Marketing Human Resources Resourcing
Finance

4. Our Clients & Assignments
An example of some current recruitment campaigns with our
Pharmaceutical & Healthcare customers 4

5. Head of Marketing Services
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
Lynne Sullivan
Founder Director
Extensive experience in finance and admin services to a range of industry services
Tony Swift
Managing Director
Highly successful business leader specialising in professional services +
HR Managers
Resourcing Managers
And a full administration team
Sarah Jones
HR Manager
15 years experience in HR & Training
Lynn Jeggo
Head of Marketing Services
17 years Marketing & Business Development 5

6. Employer’s “Duty of Care”6

7. Agenda What is ‘Duty of Care’? Legal Responsibilities Best Practice
Driving at Work
Corporate Manslaughter
Stress
Case Study
Summary

8. What is Duty of Care?
Health & Safety at Work Act 1974 contains the criminal law duty owed by an employer to it’s employees….“to ensure, so far as is reasonably practicable, the health, safety and welfare at work of it’s employees”
Employer’s 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

9. Legal Responsibilities
Employer’s 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 employer’s control
The working environment

10. 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”
e.g. If employee is young or inexperienced or has a back injury or difficulty understanding written or spoken english it must take this into consideration when caring for this employee.
e.g. Newco provides sales representatives with samples of drug X for use during sales calls with medical professionals. Newco has fully documented policies and procedures for the storage, use and disposal of these samples but does not routinely monitor adherence to these policies and procedures. Unknown to senior management, some reps have been cutting corners and a box of samples has been found in the street by a member of the public who has reported it to the local authority. The Health & Safety executive has investigated and although there were no casualties has prosecuted Newco under the HSAW Act.
Newco’s lawyers have advised Newco to plead guilty. The company has no defence as there is evidence that it should have provided better information and training to staff and had better monitoring systems in place.

11. 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
Warning notices – in some circumstances these can restrict liability but doesn’t prevent it.
“management cannot accept liability for injuries sustained on these premises” has no legal effect!

12. 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
Competent person with a practical knowledge of the work activities being assessed not necessarily HR or H&S Officer 12

13. 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
Estimated a third of all road traffic accidents involve somebody who is at work at the time.
Not commuting unless the employee is travelling from their home to a location which is not their usual place of work.

14. 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
Driver’s handbook
Assess competency of drivers
Driver awareness training
Monitor journey times / distance driven
Prohibit use of mobile phones
Check docs at least annually
Competence – field managers assess on field visits
DAT for young or high mileage drivers
Mobile phones – illegal to use handhelds. Illegal to cause or permit use of handheld – er could be liable
Provide hands free kits
Do not expect ees to make calls whilst driving 14

15. 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

16. 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
One senior individual responsible for health & safety decisions leading to gross negligence.
Impossible to identify one senior manager as responsible.
Keymark – haulage company. Driver fell asleep at the wheel and killed himself and two others. An investigation revealed that driver was working excessive hours seemingly for financial gain. Company was fined £50,000 for health & safety offences and the MD Sentenced to 7 years in prison.
P&O – Ferry sailed with bow doors open. Ship capsized so quickly crew were unable to send out SOS. 193 people died. Blame placed on 4 crew members and P&O management, charges were brought but judge ruled no evidence that one senior member of the company’s management was grossly negligent.

17. Best Practice
Ensure compliance with industry standards & codes of practice
Review company’s 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 employer’s insurances

18. 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
CIPD cite stress as second most common cause of absence.
Sufferers take an average of 21 days to recover before returning to work.
NCC – employee had a nervous breakdown and returned to work five months later having been promised extra assistance with a heavy workload. This did not materialise and he suffered another breakdown. NCC was held liable for psychiatric damage caused to him through stress as they failed to reduuce his workload and provide assistance and therefore they were in breach of their duty of care.
DB – a secretary suffered stress and had a nervous breakdown after being bullied by colleagues. Employer was found vicariously liable and in breach of its duty of care.

19. Best Practice It’s good to talk!
Field visits, 1:1’s, 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-being”culture
Lunch time activities
Healthy eating
Citigroup - health centre
Beware!
Talk regularly taking care to spot any signs of stress.....irritibility, poor relationships with colleagues, decreased productivity, increased absence.
In a 2002 case a judge said that a company that had employee counselling services would be unlikely to be found guilty in any stress related claim so EAP can reduce employer liability.
2007 CIPD survey number of co’s implementing a well-being strategy almost doubled between 2005 & running or walking clubs
- promotion of healthy choices in staff restaurants or providing free fruit in the office – just make sure it doesn’t become a H&S hazard!
- Citigroup health centre – saved over 20,000 working hours recouping the business more than 800,000
There is no point in doing all this if your managers are still piling on the pressure!

20. 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?

21. 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?

22. Case Study
You’ve 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?

23. 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