1 / 20

Presentation to

“Boardroom Responsibilities for Health & Safety” Caroline May Partner Safety Health & Environment Group. Presentation to. INTRODUCTION. Health and Safety Law - why does it matter? Legal Duties and Requirements Directors’ Responsibilities Corporate Governance Corporate Killing Prosecutions.

erna
Download Presentation

Presentation to

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. “Boardroom Responsibilities for Health & Safety”Caroline MayPartnerSafety Health & Environment Group Presentation to

  2. INTRODUCTION • Health and Safety Law - why does it matter? • Legal Duties and Requirements • Directors’ Responsibilities • Corporate Governance • Corporate Killing • Prosecutions

  3. HEALTH AND SAFETY AT WORK ACT 1974 • Section 2 - General duties of employers to their employees: • (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. • Section 3 - General duties of employers and self-employed to personsother than their employees: • (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

  4. HEALTH AND SAFETY AT WORK ACT 1974 • Section 37 - Offences by bodies corporate • (1) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar office of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

  5. UK HEALTH AND SAFETY POLICY • HSC’s Revitalising Health and Safety June 2000 • HSC’s Guidance on Directors’ Responsibilities for Health and Safety July 2001 • HSE’s Enforcement Policy Statement January 2002 • HSE’s Health and Safety Reporting in Annual Reports April 2001 • Duty to investigate and record all reportable accidents, ill health or “near misses”

  6. CORPORATE GOVERNANCE • The Combined Code “The Board should maintain a sound system of internal control to safeguard shareholders investments and the company’s assets (Principle D.2 of the Combined Code)” • The Turnbull Report - internal audits to include:- “… specialist areas such as health and safety, regulatory and legal compliance and environmental issues.”

  7. A SOUND SYSTEM OF INTERNAL CONTROL FOR HEALTH AND SAFETY • Control systems for health and safety rules • Information and communication of processes which control health and safety • Procedures for monitoring the continued effectiveness of health and safety internal controls • Use of ISO’s/quality standards • Role of the Board, CEO • Role of Non-Executive Directors • Training/Policies

  8. POTENTIAL CONSEQUENCES • Criminal Law • Naming and Shaming/Bad PR • Disqualification • Magistrates’ Court/Crown Court • Maximum Penalties • Juries • Personnel issues • Costs • Insurance

  9. POWERS OF INVESTIGATION • Health and Safety • Under s20 of the Health and Safety at Work etc Act 1974 • Under s25 of the Health and Safety at Work etc Act 1974 • In relation to both Health and Safety and Environmental Law • Powers under PACE • Limits on Statutory powers - privileged documents. • Consequences of withholding information. • Recent cases regarding admissibility of evidence.

  10. HANDLING AN INVESTIGATION • Be Ready - Be Early • Legal Advice and Privilege • Preparation • Follow up • Internal Reports

  11. DIRECTORS CAN GO TO PRISON • Adamako • S.37 HSWA 1974 • R v Kite and OLL Ltd (2 Directors) • Controlling/directing mind • Hatfield Prosecution

  12. CORPORATE MANSLAUGHTER • “Where a corporation through the controlling mind of one of its agents does an act which fulfils the pre requisites for the crime of manslaughter, it is properly indictable for the crime of manslaughter.” • Taylor, J • P&O Ferries (1991)

  13. GROSS NEGLIGENCE MANSLAUGHTER • (i) The Defendant owed a duty of care to the deceased; and • (ii) There has been a breach of that duty of care; and • (iii) The breach was so grossly negligent that the Defendant can be deemed to have such disregard for the life of the deceased that it should have been seen as criminal and deserving of punishment by the State. • The breach of duty must have been a “substantial cause of death”. • Adamako (1995)

  14. TO COME... • Draft Corporate Manslaughter Bill to follow during next Parliamentary session. • Unlimited fines for Companies • No prison sentences or penalties for individual directors

  15. FUTURE TRENDS • Blame culture backed by strong lobbies • Corporate Manslaughter proposals • Individual Manslaughter proposals • Legislation on Directors Responsibilities for health and safety • Non Executive Directors

  16. DRINKING WATER DIRECTIVE “Without prejudice to their obligations under other Community provisions, Member States shall take the measures necessary to ensure that water intended for human consumption is wholesome and clean…” Article 4.1 Drinking Water Directive (98/8b/EC) (DWW)

  17. WATER INDUSTRY ACT 1991 • Water undertakers under a duty to supply water fit for human consumption (Section 68) • Offence to supply water unfit for human consumption (Section 70) • Penalties • £5,000 fine; • maximum 2 years imprisonment. • If supply results in death - corporate/individual manslaughter?

  18. EXAMPLES OF WATER COMPANY PROSECUTIONS • Severn Trent Water - employee fell 1.5m through gap in handrail during confined space training (Fined £1,250) • Thames Water Products Limited - penstock gate collapsed during installation breaking a man’s back (Fined £25,000) • Yorkshire Water Services Ltd - fatal accident involving an employee burned in oxygen enriched atmosphere with a chamber on a sewage works due to inadequate risk assessment (Fined £75,000)

  19. HAMMONDS SHE SUPPORT FOR WATER & SEWERAGE UNDERTAKERS • 24 hour helpline • Immediate response to incidents • Informal advice • Attendance at interviews • Defence handling • Insurance liaison • Media liaison • Corporate governance • Transactional issues • Training/bulletins

  20. Contacts • Caroline May • Hammonds • 7 Devonshire Square • Cutlers Gardens • London EC2M 4YH • email: caroline.may@hammonds.com • Tel: 0870 839 1613 • Fax: 0870 839 1001

More Related