2About ApodiSpecialist provider of outsourced business solutions, primarily to the Pharmaceutical and Healthcare MarketsWe provide outsourced or distinct assignment based people solutions
3Apodi Service Areas Sales & Marketing Human Resources Resourcing Finance
4Our Clients & Assignments An example of some current recruitment campaigns with ourPharmaceutical & Healthcare customers4
5Head of Marketing Services Apodi Core TeamSharon SunleyDirector of HR10 years HR in NHSthen 18 years experience at HR Director level in IT and Pharmaceutical industriesGillian MorganHead of ResourcingServices24 years senior operational, resourcing and development experienceLynne SullivanFounder DirectorExtensive experience in finance and admin services to a range of industry servicesTony SwiftManaging DirectorHighly successful business leader specialising in professional services+HR ManagersResourcing ManagersAnd a full administration teamSarah JonesHR Manager15 years experience in HR & TrainingLynn JeggoHead of Marketing Services17 years Marketing & Business Development5
7Agenda What is ‘Duty of Care’? Legal Responsibilities Best Practice Driving at WorkCorporate ManslaughterStressCase StudySummary
8What 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-employedThe employees of other organisations working closely with their own employeesMembers of the public who maybe affected by their business activitiesEmployees also have duty of care to:Take reasonable care to avoid injury to themselves or to othersCo-operate with their employer and others in meeting statutory requirementsNot misuse or interfere with anything provided to protect their safety or welfare
9Legal Responsibilities Employer’s general duty extends to (but is not limited to):Provision of:Information, instruction, training and supervisionWelfare facilities and arrangementsSystems of workArrangements for the use, handling, storage & transportation of articles and substancesMaintenance of:Machinery, equipment and appliancesWorkplaces under the employer’s controlThe working environment
10Legal Responsibilities Duty of care extends to physical and mental injuries including work related stressDuty of care owed to each employee as an individualCannot adopt “one shoe fits all” approachConsider what employer actually knows and what they should knowLevel 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.
11Best Practice Risk control No-one has to actually be injured to bring a successful prosecution, just prove there was a risk / breachConduct regular risk assessments with staff in relation to their current role including systems of workEnsure systems of work reflect actual working practicesConduct regular risk assessments at all premises to include the environment and any machineryWarning noticesWarning 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!
12Risk AssessmentsCareful examination of what work activities can cause harm to peopleAppropriate to your organisationNot over complex or technicalCarried out by a competent personConducted regularlyDocument and follow upMinimise risksRisks cannot always be completely removedCompetent person with a practical knowledge of the work activities being assessed not necessarily HR or H&S Officer12
13Driving at Work Legal Responsibilities HSAWA Duty of care To ensure the health and safety of all employees at workManage health & safety effectivelyDoes not apply to commutingEstimated 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.
14Best PracticeEnsure health & safety policy covers work-related road safety and accident reporting proceduresCommunicate policies to relevant employeesRegularly check driver documentationDriving licenceMOTInsuranceDriver’s handbookAssess competency of driversDriver awareness trainingMonitor journey times / distance drivenProhibit use of mobile phonesCheck docs at least annuallyCompetence – field managers assess on field visitsDAT for young or high mileage driversMobile phones – illegal to use handhelds. Illegal to cause or permit use of handheld – er could be liableProvide hands free kitsDo not expect ees to make calls whilst driving14
15Corporate Manslaughter Act 007 Scotland – Corporate Homicide ActGuilty 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 offenceEnables an organisation to be assessed on a wider basisGuilty party – the organisationFocus on management systems and practicesNo imprisonmentUnlimited fine – 10% of annual turnover?Remedial and / or publicity order
16Corporate Manslaughter 30 companies prosecuted under old system and fined between £4,000 - £90,000 – Keymark HaulageLarge organisations escaped liability – P&O Herald of Free EnterpriseOne 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.
17Best PracticeEnsure compliance with industry standards & codes of practiceReview company’s policies and procedures particularly in relation to vehicles and work-related drivingReview quality procedures as legislation also relevant to supply of defective goodsConduct & document regular risk assessmentsEnsure awareness of health & safety reporting proceduresReview job descriptions to determine who would be considered as “senior management” and ensure they understand their responsibilitiesAppoint one director as “Health & Safety Director”Check employer’s insurances
18Stress Duty of care extends to work related stress Increasing problem for employersExposes the organisation to claims under HSAWA & DDANorthumberland County Council settled claim for £175,000Deutsche Bank ordered to pay over £850,000Must be a serious breach of duty of care for claim to succeedEmployee would have to establish that employer knowingly put employee in stressful situationCIPD 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.
19Best Practice It’s good to talk! Field visits, 1:1’s, Appraisals, Return to Work InterviewsConduct risk assessmentMake “reasonable adjustments”Document all discussions / meetingsInvolve HR/GP/OH at earliest opportunityPromote / package compliance driven benefits as genuine benefitsEmployee advice lineFlexible workingOccupational healthAdopt a “well-being”cultureLunch time activitiesHealthy eatingCitigroup - health centreBeware!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 800,000There is no point in doing all this if your managers are still piling on the pressure!
20Case Study Judy is a Medical Rep and joined 6 months ago, she has been complaining that shedoes not have the support from the companyto do her job. Now she has sent in a notefrom her doctor to say she has been signed offwith stress.As her line manager, what should you do?The absence continues, and her territoryis suffering, can you dismiss her?
21Case Study Steve is a Medical Rep and takes the car allowance and uses his own car for business. He has just beeninvolved in a car accident whilst on business and usinghis blue tooth. It also transpires that he did not haveadequate car insurance.Do you think your company is liable?What policies should you put in place for non-company car drivers for the future?
22Case StudyYou’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?
23SummaryEmployers have duty of care to employees, contractors and members of the publicDuty of care extends to both physical and mental conditions including work related stressMinimise risks by:Appointing a Health and Safety Officer / ContractorCommunicating relevant policies and procedures regularlyConducting regular risk assessments (both group and individual)Fostering a “well-being” culture