chief fire officer’s association

22/04/23 Safety Awareness Programme 1

Chief Fire Officer’s Chief Fire Officer’s AssociationAssociation

Wednesday 15Wednesday 15thth October 2008 October 2008Management Responsibilities & Management Responsibilities &

AccountabilityAccountability


Aims & ObjectivesAims & Objectives

• To ensure that you the To ensure that you the Management are aware of your Management are aware of your legal Health and Safety legal Health and Safety responsibilities and the responsibilities and the consequences of non-consequences of non-compliance.compliance.


Organisational ManagementOrganisational Management• Chief Fire OfficerChief Fire Officer• Senior Assistant Chief Fire Senior Assistant Chief Fire

OfficerOfficer• 22ndnd Officer Officer• 33rdrd Officer Officer• Assistant Fire OfficerAssistant Fire Officer• Staff Officer Staff Officer • Station OfficerStation Officer• Sub-station OfficerSub-station Officer


DirectorsDirectors• Where the word ‘director’ is used in this presentation it Where the word ‘director’ is used in this presentation it

should be read as including director’ as defined and should be read as including director’ as defined and normally used and the equivalent roles in organisations normally used and the equivalent roles in organisations that have governance structures other than boards and that have governance structures other than boards and directors. directors.

• It is also intended to include the owners or managers of It is also intended to include the owners or managers of small businesses, sole traders, etc. Many small to small businesses, sole traders, etc. Many small to medium-sized enterprises (SMEs) operate different medium-sized enterprises (SMEs) operate different management and governance structures to those of management and governance structures to those of larger undertakings and corporations. However, all larger undertakings and corporations. However, all workplaces, large and small, tend to have a governing workplaces, large and small, tend to have a governing body (board, council, etc.) consisting of two or more body (board, council, etc.) consisting of two or more directors or their equivalents, together with others from directors or their equivalents, together with others from within or external to the organisation. within or external to the organisation.


Regulation 80 of the SHWatWARegulation 80 of the SHWatWA• Under the 2005 Act responsibility for safety and Under the 2005 Act responsibility for safety and

health is placed directly on those in charge in health is placed directly on those in charge in the workplace. In other words, directors and the workplace. In other words, directors and managers who control the work being done must managers who control the work being done must take on this responsibility.take on this responsibility.

• Regardless of the size of the undertaking, it is Regardless of the size of the undertaking, it is important that directors and officers are fully important that directors and officers are fully informed of the relevant safety and health informed of the relevant safety and health matters and requirements that apply to them. matters and requirements that apply to them. They must understand their role in governing They must understand their role in governing safety and health, which is part of their safety and health, which is part of their responsibilities for good corporate governance in responsibilities for good corporate governance in running the business. This guidance will also running the business. This guidance will also help directors and officers to meet their legal help directors and officers to meet their legal responsibilities as employers.responsibilities as employers.


Regulation 80(1) of the SHWatWARegulation 80(1) of the SHWatWALiability of directors, officers of undertakings – Liability of directors, officers of undertakings – • Where an offence under any of the relevant Where an offence under any of the relevant

statutory provisions has been committed by an statutory provisions has been committed by an undertaking and the doing of the acts that undertaking and the doing of the acts that constituted the offence has been authorised, or constituted the offence has been authorised, or consented to by, or is attributable to connivance consented to by, or is attributable to connivance or neglect on the part of, a person, being a or neglect on the part of, a person, being a director, manager or other similar officer of the director, manager or other similar officer of the undertaking, or a person who purports to act in undertaking, or a person who purports to act in any such capacity, that person as well as the any such capacity, that person as well as the undertaking shall be guilty of an offence and undertaking shall be guilty of an offence and shall be liable to be proceeded against and shall be liable to be proceeded against and punished as if he or she were guilty of the first-punished as if he or she were guilty of the first-mentioned offence.mentioned offence.


Regulation 80(2) of the SHWatWARegulation 80(2) of the SHWatWA• Where a person is proceeded against for such Where a person is proceeded against for such

an offence and it is proved that, at the material an offence and it is proved that, at the material time, he or she was a director of the undertaking time, he or she was a director of the undertaking concerned, or a person employed by it whose concerned, or a person employed by it whose duties included making decisions that, to a duties included making decisions that, to a significant extent, could have affected the significant extent, could have affected the management of the undertaking, or a person management of the undertaking, or a person who purported to act in any such capacity, it who purported to act in any such capacity, it shall be presumed, until the contrary is proven, shall be presumed, until the contrary is proven, that the doing of the acts by the undertaking that the doing of the acts by the undertaking which constituted the commission by it of the which constituted the commission by it of the offence concerned under any of the relevant offence concerned under any of the relevant statutory provisions was authorised, consented statutory provisions was authorised, consented to or attributable to connivance or neglect on the to or attributable to connivance or neglect on the part of that person.part of that person.


Regulation 80(3) of the SHWatWARegulation 80(3) of the SHWatWA

• Where the affairs of a body Where the affairs of a body corporate are managed by its corporate are managed by its members the requirements of the members the requirements of the previous sub-sections shall apply previous sub-sections shall apply in relation to the acts or defaults of in relation to the acts or defaults of a member in connection with his a member in connection with his or her functions of management or her functions of management as if he or she was a director of as if he or she was a director of the body corporate.the body corporate.


Regulation 81 of SHWatWARegulation 81 of SHWatWA

Onus of Proof !Onus of Proof !• In any proceedings for an offence under any of In any proceedings for an offence under any of

the relevant statutory provisions consisting of a the relevant statutory provisions consisting of a failure to comply with a duty or a requirement to failure to comply with a duty or a requirement to do something so far as is reasonable do something so far as is reasonable practicable, or to use the best practicable means practicable, or to use the best practicable means to do something, it shall be for the accused to to do something, it shall be for the accused to prove that it was not reasonable practicable to prove that it was not reasonable practicable to do more that was in fact done to satisfy the duty do more that was in fact done to satisfy the duty or requirement, or that there was no better or requirement, or that there was no better practicable means than was in fact used to practicable means than was in fact used to satisfy the duty or requirement.satisfy the duty or requirement.


Regulation 82 of the SHWatWARegulation 82 of the SHWatWA

Prosecution of Offences.Prosecution of Offences.• Summary proceedings in relation to an offence Summary proceedings in relation to an offence

under any of the relevant statutory provisions under any of the relevant statutory provisions may be brought and prosecuted by the Health may be brought and prosecuted by the Health and Safety Authority representing the Minister and Safety Authority representing the Minister of the Government. (Chapter 2 2005 Act).of the Government. (Chapter 2 2005 Act).

• Remember this is a court of law not Remember this is a court of law not necessarily a court of justice. Survival of the necessarily a court of justice. Survival of the fittest.fittest.



Actions by the H.S.A. Inspectorate.Actions by the H.S.A. Inspectorate.• Directions for Directions for Improvement PlanImprovement Plan. Where the . Where the

inspector is of the opinion that there is inspector is of the opinion that there is occurring or likely to occur any activity which occurring or likely to occur any activity which involves a risk to the safety, health or welfare involves a risk to the safety, health or welfare of persons he/she may provide written of persons he/she may provide written direction to the employer concerned requiring direction to the employer concerned requiring submission to him/her of an improvement plan.submission to him/her of an improvement plan.



Actions by the H.S.A. Inspectorate.Actions by the H.S.A. Inspectorate.• An inspector who is of the opinion that a An inspector who is of the opinion that a

person is contravening or has contravened any person is contravening or has contravened any of the relevant statutory provisions or has of the relevant statutory provisions or has failed to comply with a direction under failed to comply with a direction under Regulation 65 may serve a written notice Regulation 65 may serve a written notice ((Improvement NoticeImprovement Notice) on the person who has ) on the person who has or may reasonably be presumed to have or may reasonably be presumed to have control over the work activity concerned. control over the work activity concerned.



Actions by the H.S.A. Inspectorate.Actions by the H.S.A. Inspectorate.• Where an inspector is of the opinion that at Where an inspector is of the opinion that at

any place of work there is occurring or likely to any place of work there is occurring or likely to occur an activity which involves or is likely to occur an activity which involves or is likely to involve a risk of serious personal injury to any involve a risk of serious personal injury to any person, the inspector mat serve a written person, the inspector mat serve a written notice (notice (Prohibition NoticeProhibition Notice) on the person who ) on the person who has or may reasonably be presumed to have has or may reasonably be presumed to have control over the work activity concerned. control over the work activity concerned.


Fines or ImprisonmentFines or Imprisonment

• Failure to comply with many of the general Failure to comply with many of the general duties in duties in the 2005 Act carry the potential the 2005 Act carry the potential of a prison termof a prison term from 6 months up to 2 from 6 months up to 2 years and /or a maximum fine of up to 3 years and /or a maximum fine of up to 3 million Euros.million Euros.

• On the spot fines up to 1,000 EurosOn the spot fines up to 1,000 Euros have also been included. have also been included.


Prosecutions & PenaltiesProsecutions & Penalties

• Most offences, including any breaches Most offences, including any breaches of the Regulations under the 2005 Act of the Regulations under the 2005 Act can be tried in either:can be tried in either:

• The District Court where a max penalty is The District Court where a max penalty is €3,000.00 and/or up to 6 months €3,000.00 and/or up to 6 months imprisonment.imprisonment.

• On indictment in the Criminal Circuit Court On indictment in the Criminal Circuit Court where the max penalty is €3,000,000.00 and where the max penalty is €3,000,000.00 and /or imprisonment term not exceeding 2 years./or imprisonment term not exceeding 2 years.


Prosecutions & PenaltiesProsecutions & Penalties• The H.S.A. may compile and publish a list The H.S.A. may compile and publish a list

of names and addresses and the of names and addresses and the description of the business or activity of description of the business or activity of every person:every person:

• Who has been fined or given any other penalty by Who has been fined or given any other penalty by a Court in relation to S&H Legislation.a Court in relation to S&H Legislation.

• On whom a Prohibition Notice has been served.On whom a Prohibition Notice has been served.• Against whom a High Court Order was made Against whom a High Court Order was made

regarding the use of the place of work.regarding the use of the place of work.The H.S.A. shall also include details of the matters The H.S.A. shall also include details of the matters

leading up to the imposition of any fine, penalty, leading up to the imposition of any fine, penalty, notice or order and the level of fine.notice or order and the level of fine.


Contributory NegligenceContributory Negligence• Employee owes a common law Employee owes a common law

duty of care to the employerduty of care to the employer• If Employees own If Employees own

carelessness is a factor in an carelessness is a factor in an accident, contributory accident, contributory negligence may be applied by negligence may be applied by the courtsthe courts

• Where contributory negligence Where contributory negligence is proven, it can lead to a is proven, it can lead to a reduction in the level of reduction in the level of compensation between 10 to compensation between 10 to 100%100%


Reportable Accidents & FatalitiesReportable Accidents & Fatalities

• 73 fatalities in 200573 fatalities in 2005• 50 fatalities in 200650 fatalities in 2006• 67 fatalities in 200767 fatalities in 2007• 48 fatalities in 2008 to 748 fatalities in 2008 to 7thth

October. October.

• 7,000 Reportable 7,000 Reportable Accidents in 2007.Accidents in 2007.


H.S.A. InspectionsH.S.A. Inspections• In Ireland the number of In Ireland the number of

inspections is on a inspections is on a continuous upward continuous upward trend:trend:

– 1999 = 8,700 Inspections1999 = 8,700 Inspections– 2005 = 13,500 Inspections 2005 = 13,500 Inspections – 2006 = 15,000 Inspections2006 = 15,000 Inspections– 2007 = 17,000 Inspections2007 = 17,000 Inspections– 2008 18,000 planned2008 18,000 planned


Managing Health & SafetyManaging Health & Safety• Self Regulation, Safety an Self Regulation, Safety an

integral part of integral part of managementmanagement

• Accident Prevention / Accident Prevention / Risk AssessmentRisk Assessment

• Application of Application of Management PrinciplesManagement Principles

• Safety Management Safety Management System - Safety System - Safety Statement/ManualStatement/Manual

• Consultation with StaffConsultation with Staff


Applicable LegislationApplicable Legislation

• Statutory LawStatutory Law &&• Common LawCommon Law


Common LawCommon Law• Reasonable Care:Reasonable Care:

– Safe place of workSafe place of work– Safe plant & equipmentSafe plant & equipment– Safe system of workSafe system of work– Safe employeesSafe employees

• Duty of Care on the Duty of Care on the employer and its employer and its management at all times, management at all times, failure may entitle failure may entitle compensation. compensation.


Statutory LawStatutory Law• The 2005 Act.The 2005 Act.• The 1993 & 2007 General The 1993 & 2007 General

Application Regulations.Application Regulations.• Employers (including self-Employers (including self-

employed persons) are employed persons) are primarily responsible for primarily responsible for creating and maintaining a creating and maintaining a safe and healthy workplace. safe and healthy workplace.

• Employees (including full/part-Employees (including full/part-time, permanent/ temporary) time, permanent/ temporary) also have duties. also have duties.


Management’s Statutory Management’s Statutory ResponsibilitiesResponsibilities

Section 8 (1) 2005 Act:Section 8 (1) 2005 Act:

• ““Every employer shall ensure, so far Every employer shall ensure, so far as is reasonably practicable, the safety, as is reasonably practicable, the safety, health and welfare at work of his or her health and welfare at work of his or her employeesemployees””


Do You Have, Is it Operational?Do You Have, Is it Operational?• Up to date Safety Statement/ManualUp to date Safety Statement/Manual

– Training ManualTraining Manual– Accident Reporting procedureAccident Reporting procedure– Controls on Workplace emissionsControls on Workplace emissions– Controls on Working at HeightsControls on Working at Heights– Hazardous Material Procedure/RegisterHazardous Material Procedure/Register– Fire Manual/RegisterFire Manual/Register– Pregnant Person Assessment/RegisterPregnant Person Assessment/Register– Site Auditing policy & RegisterSite Auditing policy & Register– Standard Operating Procedures ManualStandard Operating Procedures Manual– Comprehensive site specific Hazard Identification Comprehensive site specific Hazard Identification

& Risk Assessment.& Risk Assessment.– Contractor Control Procedure/RegisterContractor Control Procedure/Register


Importance of the Safety Statement Importance of the Safety Statement ManualManual

• Mandatory requirement of Section 20 of the 2005 Mandatory requirement of Section 20 of the 2005 Act.Act.

• Must be comprehensive and workplace site specific Must be comprehensive and workplace site specific and set out how safety & health is managed.and set out how safety & health is managed.

• Must be in writing and re-assessed as is necessary.Must be in writing and re-assessed as is necessary.• Must be brought to the attention of all staff and Must be brought to the attention of all staff and

endorsed by the board.endorsed by the board.

The safety statement must set out the specific safety and The safety statement must set out the specific safety and health responsibilities of each management level within health responsibilities of each management level within

the undertaking and, in particular, how they will work the undertaking and, in particular, how they will work together to ensure safety and health. Directors must also together to ensure safety and health. Directors must also be given the authority to effect safety and health changes be given the authority to effect safety and health changes

in the workplace's) covered by the safety statement.in the workplace's) covered by the safety statement.


Importance of Hazard ID & Risk Importance of Hazard ID & Risk AssessmentAssessment

• Mandatory requirement of Section 19 of the 2005 Mandatory requirement of Section 19 of the 2005 Act.Act.

• Must be comprehensive and workplace site Must be comprehensive and workplace site specific.specific.

• Must be in writing and re-assessed as is Must be in writing and re-assessed as is necessary.necessary.

• Must be brought to the attention of all staffMust be brought to the attention of all staffThe preparation and implementation of these The preparation and implementation of these

documents presents an opportunity to ensure the documents presents an opportunity to ensure the involvement of everyone in the safety and health involvement of everyone in the safety and health

of the undertaking.of the undertaking.


Creating a Positive Safety CultureCreating a Positive Safety Culture• Directors and officers of undertakings who authorise Directors and officers of undertakings who authorise

and direct work activities are responsible for ensuring and direct work activities are responsible for ensuring good safety and health as part of their corporate good safety and health as part of their corporate governance role and they must consider the following governance role and they must consider the following key elements when doing so:key elements when doing so:– Their leadership role in establishing the correct safety Their leadership role in establishing the correct safety

and health directionand health direction– The standards and objectives they set for The standards and objectives they set for

management on safety and healthmanagement on safety and health– The extent to which they give managers The extent to which they give managers

responsibility, accountability and support for safety responsibility, accountability and support for safety and health managementand health management

– How they hold managers accountable for the safety How they hold managers accountable for the safety and health responsibilities given to themand health responsibilities given to them

– How they oversee internal control for safety and How they oversee internal control for safety and healthhealth


Duties of Employer & its Duties of Employer & its ManagementManagement

• Manage health and safety in the workplaceManage health and safety in the workplace• Prevent improper conduct & behaviour in the Prevent improper conduct & behaviour in the

workplaceworkplace• Design, provide and maintain a safe place of work Design, provide and maintain a safe place of work

which uses plant and equipment.which uses plant and equipment.• Prevent risks to employees from the use of any Prevent risks to employees from the use of any

substances and articles.substances and articles.• Design, provide and maintain safe access and Design, provide and maintain safe access and

egress.egress.• Provide protection against noise, vibration and Provide protection against noise, vibration and

radiationradiation• Plan, organise, maintain & revise the Safe Systems Plan, organise, maintain & revise the Safe Systems

of Work.of Work.


Duties of Employer & its Duties of Employer & its ManagementManagement

• Provide and maintain adequate welfare facilities.Provide and maintain adequate welfare facilities.• Provide training information, instruction and Provide training information, instruction and

supervision in a form, manner and language which supervision in a form, manner and language which employees are reasonably likely to understandemployees are reasonably likely to understand

• Provide & maintain suitable protective clothing and Provide & maintain suitable protective clothing and equipmentequipment

• Prepare & Revise emergency plans & measures to be Prepare & Revise emergency plans & measures to be taken in an emergency.taken in an emergency.

• Report to the H.S.A. any notifiable accidents, Report to the H.S.A. any notifiable accidents, diseases and dangerous occurrences.diseases and dangerous occurrences.

• train new employees on recruitment.train new employees on recruitment.• train employees on transfer or change of task.train employees on transfer or change of task.


Course CompletionCourse Completion

Thank you for your time.Thank you for your time.

Any questions?Any questions?

Paul Tierney Phoenix SafetyPaul Tierney Phoenix [email protected]@phoenixsafety.ie

chief fire officer’s association

Documents

safety responsibilities

relevant safety

governing safety

shwatwaliability of

legal responsibilities

legal health

officers of undertakings

governance structures