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Health & Safety Law: You could be held culpable!

Mr Simon LunkenHead of Health and Safety

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How Legislation Has Changed!

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Explosives Act 1875 – (1923)The Boiler Explosions Act 1890The Employment of Woman, Young Persons and Children Act 1920Factories Act 1961Office, Shops and Railway Premises 1963

The Health and Safety at Work etc Act 1974 - HSE

Workplace Legislation

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Places general duties upon the employer AND the employee

Known as the Enabling Act

Breaches result in criminal prosecution Corporate Duties under Health and Safety At Work etc Act 1974Personal Responsibilities under the ActPenalties For BreachesOnus of Proof

Health and Safety At Work etc Act 1974

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Special responsibilities under HSAW Act 1974

Section 37 relates to offences by corporate bodies (Directors and Senior Managers)

Directors and Senior Managers

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Corporate body – act committed with the consent or connivance of, or to have been attributed to any neglect on the part of any director, manager or other similar body corporate. He or she will be liable to be prosecuted against and punished accordingly.

Section 37

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No Defence!

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Fresha Bakeries (trading as Harvestime)– senior management decided to use their own staff to undertake maintenance tasks on a bread oven, in an effort to save time and costs. – Ignored advice provided by oven manufactures (oven allowed to cool for at least 12 hours) – Work undertaken only 2 hours after the oven was turned off

Example Section 37 prosecution

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Result was-both men died of circulatory collapse, 80% burns and various fractures-Fines-Fresha Bakeries, Leicester £250,000 plus £175,000 in costs, under Section 2-Harvestime Ltd £100,000 plus £75,000 costs, under Section 2 Section 37-J Bridson, MD £20,000 plus £5,000 costs-B Jones, PD £1,000 no costs-D Masters, CE £2,000 no costs

Fresha Bakeries continued

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Austin Brickwork Ltd- Company Director Julian Austin instructed an untrained inexperienced employee to drive a FLT and undertake an activity upon the premises- The FLT driven by the employee knocked down and killed labourer Kevin Moyle- Fines- Austin Brickwork fined £40,000 plus £8,799 costs, under Section 2- Julian Austin fined £20,000, under Section 37

Example Section 37 prosecution

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Magistrates’ Court:Fines of up to £20,000 and/or six months imprisonment (sections 2-6 HSWA)

Penalties for breaches of the general duties

Crown Court:

Unlimited fines and up to 2 years imprisonment

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Penalties under Corporate Body s37

ProsecutionRestricted fines

No imprisonment (unless gross negligence is proved)

The Company Directors Disqualification Act 1986

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HSG65 – the 4C’s

Leading Health and Safety – 4 steps

Risk Management Policy

Mitigate – ‘Risk Management’

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The Safety Management Process

SAFETY POLICYPLANNING

ORGANISATION

CONTROL

MONITOR

REVIEW

RISK ASSESSMENT

PROCEDURES AND PRECAUTIONS

INSPECTIONS

AUDITS

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To summarise:

- Public Interest

•Moral

•Legal

•Economic