Compliance Presentation – 19th May 2016
THE COMPLEXITIES OF THE COMPLEXITIES OF COMPLIANCECOMPLIANCE
Presentation byPresentation by
Stephan Stephan, District 1090 H&S Adviser
Ken Diccox, District 1090 Safeguarding Adviser
Tim Cowling, District 1090 Equality & Diversity Adviser
Compliance Presentation – 19th May 2016
Domestics Welcome
Fire Evacuation
Toilets
Mobile phones
Break
Compliance Presentation – 19th May 2016
Agenda
IntroductionsObject of Seminar
Compliance Policies & ResponsibilitiesEquality & Diversity
Data ProtectionSafeguarding - Protection of Children & Vulnerable Adults
Health & SafetyRisk Assessment
RIBI & District 1090 WebsiteSummary
AOB
Compliance Presentation – 19th May 2016
COMPLIANCECOMPLIANCEHere we go, another lecture on political Here we go, another lecture on political
correctness gone mad!correctness gone mad!
Compliance Presentation – 19th May 2016
COMPLIANCECOMPLIANCE
∆ Child injured by firework at Rotary display.Child injured by firework at Rotary display.∆ Participant collapses on fun runParticipant collapses on fun run
∆ ““You must be the speaker, dear. Thankfully You must be the speaker, dear. Thankfully our club hasn’t made the mistake of letting our club hasn’t made the mistake of letting
women in, let alone making them president.”women in, let alone making them president.”∆ ““I don’t think you would enjoy our club. You I don’t think you would enjoy our club. You
wouldn’t be able to join in, being in a wouldn’t be able to join in, being in a wheelchair”wheelchair”
Compliance Presentation – 19th May 2016
COMPLIANCE COMPLIANCE ISIS ABOUT: ABOUT:
Upholding Rotary principles and ethicsUpholding Rotary principles and ethics Treating people decentlyTreating people decently Protecting YOUR clubProtecting YOUR club Complying with the lawComplying with the law
It is It is notnot about preventing you from running about preventing you from running your events or providing Rotary serviceyour events or providing Rotary service
Compliance Presentation – 19th May 2016
General Council Secretary/CEO
Executive CommitteeHealth & Safety and Protection
CommitteeDistricts
(Governors)
Clubs(Presidents)
RIBI Advisers
Compliance ResponsibilityCorporate Responsibility … Duty of Care
District AdvisersClub Advisers
Compliance Presentation – 19th May 2016
RIBI Commitments to:
a. Promote & encourage safe practice
b. Provide information & advice
c. Establish systems & procedures
d. Develop & encourage Compliance communication
e. Exchange ideas & promote best practice
Rotary Clubs – Overall Responsibility to:
> Plan, organise & deliver in a safe & legal manner
Compliance Presentation – 19th May 2016
Race Relations Act
Equal Pay Act
Sex Discrimination Act
Trade Union and Labour Relations Act
Disability Discrimination Act
Compliance Presentation – 19th May 2016
Race Relations Act - 1965
Equal Pay Act - 1970
Sex Discrimination Act - 1975
Trade Union and Labour Relations Act - 1974
Disability Discrimination Act -1994
Compliance Presentation – 19th May 2016
Equality Act 2010 - Protected Characteristics
Age Race & Ethnic Origin Disability Gender Reassignment Gender Pregnancy / Maternity Marriage / Civil Partnership Religion / Religious Belief Sexual Orientation
Compliance Presentation – 19th May 2016
Direct Discrimination Discrimination because of a protected
characteristic
Compliance Presentation – 19th May 2016
Indirect Discrimination A policy that applies to everybody, but has a
disproportionate effect on people with a particular characteristic.
Compliance Presentation – 19th May 2016
Associative Discrimination
Discrimination against a person because they are associated with someone with a
protected characteristic.
Compliance Presentation – 19th May 2016
HarassmentViolating the dignity of an individual by
reference to a protected characteristic
Compliance Presentation – 19th May 2016
If in doubt ask two questions:
◊ Does our action comply with the Four Way Test?
◊ How would I expect to be treated in that situation?
Compliance Presentation – 19th May 2016
A positive approach makes your club:
Compliant Friendly
Welcoming
It may even attract new members!
Compliance Presentation – 19th May 2016
Data Protection 1998Data Protection 1998
8 Principles8 Principles - Obtaining & Storing Personal dataObtaining & Storing Personal data
Handled Fairly & LawfullyHandled Fairly & Lawfully Purpose Purpose Personal Data only – identifiable living peoplePersonal Data only – identifiable living people Adequate & RelevantAdequate & Relevant Accurate & Up to DateAccurate & Up to Date Held no longer than neededHeld no longer than needed Processed in line with rights of the personProcessed in line with rights of the person Safe & Secure - Not sent outside EUSafe & Secure - Not sent outside EU
(exceptions covered by strict adherence to the Rotary Privacy Policy)(exceptions covered by strict adherence to the Rotary Privacy Policy)
www.ico.gov.ukwww.ico.gov.uk
Compliance Presentation – 19th May 2016
Safeguarding in Rotary Safeguarding in Rotary ChildrenChildren Vulnerable Adults
Ken Diccox
Compliance Presentation – 19th May 2016
Purpose of the RIBI Safeguarding Policy To give guidance and support to enable Districts, Clubs
and individual Members to meet legislative
requirements.
To ensure Districts, Clubs and Members are covered by
the RIBI Insurance Policy in all of their activities.
To provide legal support and advice in the event of any
allegation or claim being made against a District, Club
or individual member.
IT IS NOT JUST A BUREAUCRATIC EXCERCISE
Compliance Presentation – 19th May 2016
Safeguarding General StatementEvery Rotary Club should annually sign up to the RIBI Safeguarding Policy with an entry into the Club Minutes, and appoint a person responsible for safeguarding issues.
The protection and safeguarding of children and adults who may be vulnerable, is of paramount concern for every Rotarian.
Any activity or project planned and carried out by a club MUST give consideration to the safety and well being of any child or vulnerable adult who is benefiting or participating in that event.
Consideration must also be given as to whether any Rotarian or Volunteer participating requires a DBS check. This should form part of the Risk Assessment that must be carried out for all Rotary activities.
Compliance Presentation – 19th May 2016
Disclosure and Barring Service A single Authority carrying out Criminal Record Checks and Checking the Barred Lists (people who have been barred from working with Children or Adults)
Because Rotary is a voluntary organisation, we can apply
for a DBS check free-of-charge
DBS filter spent, certain convictions, minor cautions, reprimands and warnings from Criminal Records
Compliance Presentation – 19th May 2016
Criteria for a DBS check1. ‘REGULATED ACTIVITY’ RELATING TO CHILDREN
Unsupervised Activities: teach, train, instruct, care for or
supervise children, or provide advice/guidance on well-
being, or drive a vehicle only for children, is a
REGULATED ACTIVITY when done regularly i.e. carried
out by the same person frequently (once a week or more
often), or on 4 or more days within a 30 day period, or
overnight between the hours of 2am and 6am.
Compliance Presentation – 19th May 2016
Criteria for DBS check (continued)
Or in a specified place: Schools, children’s homes and
hospitals, juvenile Detention Centre, adult care home.
(Unsupervised Activities – definition see above)
Supervised Activity: If you are working directly to and under the
instruction of a person who is DBS checked, e.g. Teacher,
hospital worker etc., you are in a supervised activity which does
not require you to have a DBS clearance
Compliance Presentation – 19th May 2016
‘Regulated Activity’ Relating to Adults
The new definition of Regulated Activity relating to adults no longer labels them as ‘Vulnerable.’ Instead, the definition identifies activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. Also, there are no frequency/time constraints applicable to adults.
These are: Providing Health Care or Personal Care; providing Social Care; assistance with cash, bills or shopping; conveying an adult because of their age, illness or disability to a place where they receive Health Care, Personal Care or Social Care.
Compliance Presentation – 19th May 2016
Photography At a Rotary organised event the organiser has the right to
prohibit the taking of photographs by spectators and a notice should be displayed to this effect.
No photographs should be taken of a child or person doing a vulnerable activity, on a one to one basis without another parent/adult/Rotarian being present.
The written permission of the parent/guardian should be obtained in advance before photographs are taken of children, and by the person responsible for an adult deemed to be vulnerable.
Compliance Presentation – 19th May 2016
Photographs (continued) Additional written permission should be obtained for
photographs to be published on a web-site, social media, magazine or newspaper, and then only the child’s Christian name is to be used.
When an event is run in the public arena, photographs of a general nature e.g. crowds of people and/or activities does not present a problem. However, photos should not be taken of children in sports clothes (bathing costumes in particular) or in changing rooms. Common sense should always prevail.
Compliance Presentation – 19th May 2016
Procedure for DBS applications Provide details of Rotarians to be checked and the reason(s) for
so doing through the District Safeguarding Officer. You will receive an application form and instructions for completion. Your Club Protection Officer or an Officer of the Club will need to see your passport and/or driving licence and certify those details on the application form.
When the applicant receives a Certificate of DBS Clearance, that person can apply within 14 days for Continued Registration.
This will obviate the need for further renewals in future.
Compliance Presentation – 19th May 2016
Same safety standards apply to voluntary activities
Duty of Care on organisers & individually on helpers
Each club is responsible for H&S of its own activities:Club H&S system / processes / PolicyRisk assessments
Management and planning groupFor each event a single named person responsible
RI Policy Principles
Compliance Presentation – 19th May 2016
H&S blamed to cancel lots of fun events
Victims:-
Plastic duck races, village fetes, banning of conkers, firemen's poles, park benches & even Morris Dancing
Compliance Presentation – 19th May 2016
Continued:-
Permission (e.g. of owner/Local Authority)
Licensing (music, dance, performance, drinking, betting, late night refreshment and food, sale of motor vehicles)
Stewards / marshalling
Coping with disability
Catering
Lighting failureLighting failure FireFire EvacuationEvacuation First AidFirst Aid
Compliance Presentation – 19th May 2016
COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments
Compliance Presentation – 19th May 2016 H&S management in Rotary is not an option
- it is an obligation
RAs - carried out & recorded - perceived risk?
Divide risk assessment for big events into parts
Then:
Carry out the risk control actions that result from the risk assessments and write them down
Compliance Presentation – 19th May 2016
COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetySix Stages of a Risk Assessment
1. What might cause harm (Hazard)? - visit location
2. Who might be harmed and how?3. What chance someone might be harmed (Risk)?4. What precautions taken? Are they adequate?5. Record findings / retain copies as evidence6. Review Risk Assesment as & when necessary
- particularly after the event
Compliance Presentation – 19th May 2016Rotary Club/District - Health and Safety Risk Assessment Form
Ref No: ____ Task/Function: _____________________________ Location: ___________________________________________ Risk Assessor: _______________________ Date: __________ Persons at Risk: _____ __________________________________
Risk Levels: - L = Low; M = Medium; H = High (Use L -M, or M -H to indicate intermediate risk levels, if necessary)
(NB: Risk Levels in last column indicate anticipated scores after Action is taken)
Hazard
(What might c ause harm?)
Risk(s)
(What harm might be caused?)
Risk Level
Before Action
L/M/H
Current Control Measures and/or
Action to Reduce/Eliminate Risk
(Including action by whom and by when)
Risk Level After
Action
L/M/H
Signed: _______________________________ Risk Assessor Signed: _____ _______________________ ____ Project Manager Date: ________________ Date: ________________ Review Date: ___________
Compliance Presentation – 19th May 2016
COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments- Make sure that they recorded and accessible on the day
- Keep them as short as possible, and to the point
- They need to be easily understood
- Need to cover Health and Safety, Safeguarding and Environmental issues (& ideally commercial)
- Keep copies for future reference and repeat events
Compliance Presentation – 19th May 2016
Traffic Management Plans - competencyMarshals are needed on roads:
MUST have Hi Vis jackets / tabardsAssist with emergency vehicle accessMUST NOT try to stop or control moving vehicles
Vehicle controlMarked routes, access and egressAvoid causing congestionAppropriate barriers & signageLevel crossing / swing bridges - need permission
Roads and Vehicles
Compliance Presentation – 19th May 2016
RI Insurance Every Rotarian and volunteer working on a Rotary event or activity has insurance cover - which provides a safety net
BUT: Insurance is not a licence for unsafe activities
NB - Health & Safety rules should never be used to restrict or cancel events
Compliance Presentation – 19th May 2016
Insurance Policies1. Public, Products & Employers’ Liability - death, injury & damage
o £20m Public & Product liability for any one claimo £10m Employer’s liability (includes £1m Stallholder liability)
2. Regalia & Money – Loss or damage to Regalia & moneyo £1K to £5k maximum
3. Officers & Club Indemnity – wrongful acts of officerso £500K per claim – max £2m
4. Legal Expenses – criminal prosecutiono £50K limit of Indemnity for defence
§ Libel & Slander – Club Publications1. £500K for damages costs & expenses
1. Personal Accident – Rotarians & Volunteers1. £7.5K to £125K for death and injuries / loss of limbs
Compliance Presentation – 19th May 2016
Insurance & the Rotary Clubs• Arranged by Bartlett Insurance Brokers• Applies to Rotarians & volunteers for Rotary Activities• Covers all traditional Rotary Activities
Excludes: - Fireworks Displays (unless by Specialists) - Equipment & Travel Insurance - Cancellations & Abandonment - Weather Insurance - Prize Indemnity
Compliance Presentation – 19th May 2016
Insurance & the Rotary Clubs Excludes: - Aviation, hot air balloons & parachute - Bungee Jumping & Abseiling - Marine & water-borne risks - Motor racing - Use of vehicles on & off public highways - Any deliberate Acts or omission - Contract conditions by others imposing Rotary liability
Compliance Presentation – 19th May 2016
RIBI Website – http://www.rotarygbi.org/
District 1090 Website – http://www.rotary1090.org
Health, Safety, Protection & Environment
Club websites linked, if RIBI template
Policies, RA templates & Examples
Updates notified, if advised
Compliance Presentation – 19th May 2016
COMPLIANCECOMPLIANCE
Rotary International in Great Britain and Ireland Compliance Confirmation Form
The Rotary Club of _ _ _ _ _ _ _confirms that it has adopted the following RIBI Policies:
Equality and Diversity Health and Safety Safeguarding – Children and Vulnerable Adults Data Protection
Compliance Presentation – 19th May 2016
COMPLIANCECOMPLIANCE
Failure to complete and return the Compliance Form MAY invalidate your insurance if there is a
claim
Failure to meet the standards of the various Failure to meet the standards of the various policies questions your club’s adherence to the policies questions your club’s adherence to the
Four Way Test and decent practiceFour Way Test and decent practice
If in doubt, ask yourself the question: “How would If in doubt, ask yourself the question: “How would I expect to be treated in that situation?”I expect to be treated in that situation?”
Compliance Presentation – 19th May 2016
A positive & proactive approach
makes your club:
Compliant Friendly
Welcoming
It may even attract new members!
Compliance Presentation – 19th May 2016
Thank You
Any Questions?Tim Cowling – E&[email protected]
Tel.01367 810281
Ken Diccox - [email protected]. 01367 820467
Stephan Stephan - [email protected]
Tel. 01628 783318 / 07475 771471