1. Elf n safety – a waste of time? Jim King Principal Inspector HSENI

3. Overview General areas of corporate risk including work related fatality General areas of corporate risk including work related fatality New risks New risks Impact for elected representatives and senior management – “Tone at the Top” Impact for elected representatives and senior management – “Tone at the Top” Legal preventive steps Legal preventive steps

4. Corporate Council Risks Fire Fire Legionella outbreak Legionella outbreak Waste recycling Waste recycling Waste collection Waste collection Maintenance activity Maintenance activity Health issues including stress Health issues including stress

5. Corporate Risk Following Work Related Injury or Fatality Criminal liability Criminal liability Civil liability Civil liability Gross negligence manslaughter Gross negligence manslaughter Corporate manslaughter Corporate manslaughter Loss of reputation Loss of reputation Loss of rate payers funds Loss of rate payers funds Insurance Insurance

6. New risks Health & Safety (Offences) Act 2008 Health & Safety (Offences) Act 2008 Corporate Manslaughter and Corporate Homicide Act 2007 Corporate Manslaughter and Corporate Homicide Act 2007 Sentencing guidelines for fatalities Sentencing guidelines for fatalities Recession Recession

7. Corporate Manslaughter and Corporate Homicide Act 2007 Introduced new manslaughter offence for organisations Introduced new manslaughter offence for organisations No “directing mind” hurdle No “directing mind” hurdle No new offence for individuals No new offence for individuals Only if accident in the UK Only if accident in the UK Penalty – unlimited fine, remedial or publicity orders Penalty – unlimited fine, remedial or publicity orders In force since 6 April 2008 In force since 6 April 2008

8. Factors to be taken into account by a jury May consider: the extent of any attitudes, policies, systems or accepted practices likely to have encouraged such a failure or have produced tolerance of it the extent of any attitudes, policies, systems or accepted practices likely to have encouraged such a failure or have produced tolerance of it any health & safety guidance relating to the alleged breach (Includes IOD Guidance for Directors, Trustees, Officers and equivalent) any health & safety guidance relating to the alleged breach (Includes IOD Guidance for Directors, Trustees, Officers and equivalent)

9. Sentencing Guidelines for Fatalities (1) Sentencing Guidelines Council (Feb 2010) “Fines must be punitive and sufficient to have an impact on the defendant” “Fines must be punitive and sufficient to have an impact on the defendant” Fines (HSW involving death) “The appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more” “The appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more”

10. Sentencing GB Fines (Corporate Manslaughter) “The appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds” “The appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds” “it is no longer the case that fines of £500,000 are reserved for major public disasters” “it is no longer the case that fines of £500,000 are reserved for major public disasters”

11. Sentencing Factors affecting seriousness of offence: “How far up the organisation does the breach go?” “How far up the organisation does the breach go?” “How common is this kind of breach in this organisation?” “How common is this kind of breach in this organisation?” New lines of investigation/questioning

12. Recession Pressure on finances – could that impact on safety budget? Pressure on finances – could that impact on safety budget? Access to independent safety advice Access to independent safety advice Staff cuts – impact on safety critical roles and site managers’ responsibilities? Staff cuts – impact on safety critical roles and site managers’ responsibilities? Pressure on contractors/service providers Pressure on contractors/service providers Impact upon fine if “cost cutting at the expense of safety” Impact upon fine if “cost cutting at the expense of safety”

13. Impact for Senior Management – Tone at the Top Individual Criminal Liabilities Gross Negligence Manslaughter (individuals) Gross Negligence Manslaughter (individuals) –Breach of duty of care so grossly negligent it deserves criminal sanctions General Duties of employees (s8 HSWO) General Duties of employees (s8 HSWO) –Take reasonable care for H&S of yourself and others affected by your “acts or omissions at work”

14. A few key questions Attitude: What do the staff think & what would they say to an inspector? What do the staff think & what would they say to an inspector? Is H&S an active objective in the appraisal process through the entire management chain? Is H&S an active objective in the appraisal process through the entire management chain? Systems & Accepted Practices: Do systems reflect what happens on the ground Do systems reflect what happens on the ground Do staff know who to contact and what procedure to follow after a safety incident? Do staff know who to contact and what procedure to follow after a safety incident?

15. Key questions continued Is there evidence of: full compliance with health and safety law & guidance?full compliance with health and safety law & guidance?or is there a culture of tolerating breaches?is there a culture of tolerating breaches? Is there evidence that senior management: are familiar with Corporate Guidance?are familiar with Corporate Guidance? know what they have to do?know what they have to do? are actually managing and organising?are actually managing and organising?

16. Last question How do you know???????? How do you know????????