Overview Presentation Apodi Overview Presentation

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 Service Areas Sales & Marketing Human Resources Resourcing Finance

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

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

Employer’s “Duty of Care” 6

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

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

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

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.

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!

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

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.

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

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

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.

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

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.

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 & 2006 - 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!

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?

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?

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?

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