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Post-recession leadership in health and safety How can directors and senior managers stay on the right side of the law? Sally Roff , Partner at DAC Beachcroft

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How can directors and senior managers stay on the right side of the law?

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Page 1: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Post-recession leadership in

health and safety

How can directors and senior managers stay on the right side of the law?

Sally Roff , Partner at DAC Beachcroft

Page 2: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

1.Emerging risks2.Consequences3.Opportunity for action

Page 3: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Changing economy and impact on safety

Page 4: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

EMERGING RISK 4

RECESSION

Page 5: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Redundancy programmes Re-organisation Cautious recruitment Eagerness of workers to

compensate for lost hours Reduced investment in equipment Increased maintenance backlogs Use of plant beyond normal life

expectancy

Page 6: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Why should directors take action now?

Commercial benefits and competitive advantage of an effective safety culture. Potentially catastrophic consequences for organisations with a poor safety culture. Following an accident, the spotlight is increasingly on the attitude and behaviour of directors towards safety.

Page 7: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Commercial benefits

“To those who tell us we can’t afford health and safety, as professionals we need to let them know they simply can’t afford to be without it”.

IOSH President 2012, Subash Ludhra

Page 8: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Commercial benefits

1. Lower absenteeism2. Lower wage costs3. Reduced maintenance costs4. Increased morale5. Lower staff turnover6. Reduced risk of fines and insurance claims/premiums7. Increased productivity, quality and profitability 8. Happier customers

Page 9: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Potential consequences of poor safety culture

Increases in:1.CM investigations

2.Prosecutions of individuals under s.37– imprisonment

3.Fines following Sellafield and Network Rail – even where no fatality

4.Costs on bottom line

5.All in the context of… less advisory support from HSE and significant costs of investigation via FFI

Page 10: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Corporate Manslaughter – jury questions

1.Is there evidence to show that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged a failure or to have produced tolerance of safety failings;

2.Has the organisation complied with any health and safety guidance that relates to the alleged breach?

Page 11: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014
Page 12: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Potential consequences of poor safety culture

For organisations:Human – death/injury, low moraleFinancial – £500k starting point for CM fine, management time, loss of customer confidenceReputational – publicity order, press attention

For individual directors:Liberty - ImprisonmentFinancial – Fine/management timeReputational - Risk of disqualificationStress

Page 13: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

"In the middle of difficulty lies opportunity." Albert Einstein

Page 14: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014
Page 15: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

How do your decisions and behaviours influence safety culture?

Are employees/contractors genuinely encouraged to look for risks and speak up, or merely to get on with the job?

Page 16: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

How do your decisions and behaviours influence safety culture?

Do directors unwittingly set priorities and targets which, by implication, take precedence over the management of hazards and risks?

Page 17: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

How do your decisions and behaviours influence safety culture?

When directors visit sites and work locations to look at safety, are they alert to the really serious dangers or do you concentrate on superficial compliance (e.g. housekeeping and PPE)?

Page 18: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

How do your decisions and behaviours influence safety culture?

What do directors do, in the way that performance is rewarded, to promote a culture of health and safety? Is performance merely paid lip service or genuinely rewarded and valued?

Page 19: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

How do your decisions and behaviours influence safety culture?

How do directors exercise their governance of health and safety and do they have the appropriate skills to manage this?  What forums and processes are in place?  

Page 20: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

AND IF AN ACCIDENT HAPPENS…

Page 21: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Be ready for the inspector's call

Page 22: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Make sure your organisation has effective Directors’ and Officers’ insurance cover

Page 23: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

“The Golden Hour”…..

Page 24: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

BECOME PART OF THE SOLUTION

DAC Beachcroft/Lloydmasters Thought Leadership Project 2014

How can directors and senior managers achieve and maintain an effective safety, health and environment culture through times of change?

Page 25: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

Sally Roff, Partner, DAC Beachcroft

E-mail: [email protected]: 07921 890829

Page 26: Post recession leadership in health and safety - Sally Croft (DAC Beachcroft) - Safety and Health Expo 2014

SHP Health Expo 2014