Chief Fire Officer’s Association

Chief Fire Officer’s Association Wednesday 15th October 2008 Management Responsibilities & Accountability Safety Awareness Programme

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

Organisational Management • Chief Fire Officer • Senior Assistant Chief Fire Officer • 2nd Officer • 3rd Officer • Assistant Fire Officer • Staff Officer • Station Officer • Sub-station Officer Safety Awareness Programme

Directors • Where the word ‘director’ is used in this presentation it should be read as including director’ as defined and normally used and the equivalent roles in organisations that have governance structures other than boards and directors. • It is also intended to include the owners or managers of small businesses, sole traders, etc. Many small to medium-sized enterprises (SMEs) operate different management and governance structures to those of larger undertakings and corporations. However, all workplaces, large and small, tend to have a governing body (board, council, etc.) consisting of two or more directors or their equivalents, together with others from within or external to the organisation. Safety Awareness Programme

Regulation 80 of the SHWatWA • Under the 2005 Act responsibility for safety and health is placed directly on those in charge in the workplace. In other words, directors and managers who control the work being done must take on this responsibility. • Regardless of the size of the undertaking, it is important that directors and officers are fully informed of the relevant safety and health matters and requirements that apply to them. They must understand their role in governing safety and health, which is part of their responsibilities for good corporate governance in running the business. This guidance will also help directors and officers to meet their legal responsibilities as employers. Safety Awareness Programme

Regulation 80(1) of the SHWatWA Liability of directors, officers of undertakings – • Where an offence under any of the relevant statutory provisions has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of, a person, being a director, manager or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. Safety Awareness Programme

Regulation 80(2) of the SHWatWA • Where a person is proceeded against for such an offence and it is proved that, at the material time, he or she was a director of the undertaking concerned, or a person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the undertaking, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is proven, that the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under any of the relevant statutory provisions was authorised, consented to or attributable to connivance or neglect on the part of that person. Safety Awareness Programme

Regulation 80(3) of the SHWatWA • Where the affairs of a body corporate are managed by its members the requirements of the previous sub-sections shall apply in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she was a director of the body corporate. Safety Awareness Programme

Regulation 81 of SHWatWA Onus of Proof ! • In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or a requirement to do something so far as is reasonable practicable, or to use the best practicable means to do something, it shall be for the accused to prove that it was not reasonable practicable to do more that was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement. Safety Awareness Programme

Regulation 82 of the SHWatWA Prosecution of Offences. • Summary proceedings in relation to an offence under any of the relevant statutory provisions may be brought and prosecuted by the Health and Safety Authority representing the Minister of the Government. (Chapter 2 2005 Act). • Remember this is a court of law not necessarily a court of justice. Survival of the fittest. Safety Awareness Programme

Regulation 65 of the SHWatWA Actions by the H.S.A. Inspectorate. • Directions for Improvement Plan. Where the inspector is of the opinion that there is occurring or likely to occur any activity which involves a risk to the safety, health or welfare of persons he/she may provide written direction to the employer concerned requiring submission to him/her of an improvement plan. Safety Awareness Programme

Regulation 66 of the SHWatWA Actions by the H.S.A. Inspectorate. • An inspector who is of the opinion that a person is contravening or has contravened any of the relevant statutory provisions or has failed to comply with a direction under Regulation 65 may serve a written notice (Improvement Notice) on the person who has or may reasonably be presumed to have control over the work activity concerned. Safety Awareness Programme

Regulation 67 of the SHWatWA Actions by the H.S.A. Inspectorate. • Where an inspector is of the opinion that at any place of work there is occurring or likely to occur an activity which involves or is likely to involve a risk of serious personal injury to any person, the inspector mat serve a written notice (Prohibition Notice) on the person who has or may reasonably be presumed to have control over the work activity concerned. Safety Awareness Programme

Fines or Imprisonment • Failure to comply with many of the general duties in the 2005 Act carry the potential of a prison termfrom 6 months up to 2 years and /or a maximum fine of up to 3 million Euros. • On the spot fines up to 1,000 Euros have also been included. Safety Awareness Programme

Prosecutions & Penalties • Most offences, including any breaches of the Regulations under the 2005 Act can be tried in either: • The District Court where a max penalty is €3,000.00 and/or up to 6 months imprisonment. • On indictment in the Criminal Circuit Court where the max penalty is €3,000,000.00 and /or imprisonment term not exceeding 2 years. Safety Awareness Programme

Prosecutions & Penalties • The H.S.A. may compile and publish a list of names and addresses and the description of the business or activity of every person: • Who has been fined or given any other penalty by a Court in relation to S&H Legislation. • On whom a Prohibition Notice has been served. • Against whom a High Court Order was made regarding the use of the place of work. The H.S.A. shall also include details of the matters leading up to the imposition of any fine, penalty, notice or order and the level of fine. Safety Awareness Programme

Contributory Negligence • Employee owes a common law duty of care to the employer • If Employees own carelessness is a factor in an accident, contributory negligence may be applied by the courts • Where contributory negligence is proven, it can lead to a reduction in the level of compensation between 10 to 100% Safety Awareness Programme

Reportable Accidents & Fatalities • 73 fatalities in 2005 • 50 fatalities in 2006 • 67 fatalities in 2007 • 48 fatalities in 2008 to 7th October. • 7,000 Reportable Accidents in 2007. Safety Awareness Programme

H.S.A. Inspections • In Ireland the number of inspections is on a continuous upward trend: • 1999 = 8,700 Inspections • 2005 = 13,500 Inspections • 2006 = 15,000 Inspections • 2007 = 17,000 Inspections • 2008 18,000 planned Safety Awareness Programme

Managing Health & Safety • Self Regulation, Safety an integral part of management • Accident Prevention / Risk Assessment • Application of Management Principles • Safety Management System - Safety Statement/Manual • Consultation with Staff Safety Awareness Programme

Applicable Legislation • Statutory Law & • Common Law Safety Awareness Programme

Common Law • Reasonable Care: • Safe place of work • Safe plant & equipment • Safe system of work • Safe employees • Duty of Care on the employer and its management at all times, failure may entitle compensation. Safety Awareness Programme

Statutory Law • The 2005 Act. • The 1993 & 2007 General Application Regulations. • Employers (including self-employed persons) are primarily responsible for creating and maintaining a safe and healthy workplace. • Employees (including full/part-time, permanent/ temporary) also have duties. Safety Awareness Programme

Management’s Statutory Responsibilities Section 8 (1) 2005 Act: • “Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees” Safety Awareness Programme

Do You Have, Is it Operational? • Up to date Safety Statement/Manual • Training Manual • Accident Reporting procedure • Controls on Workplace emissions • Controls on Working at Heights • Hazardous Material Procedure/Register • Fire Manual/Register • Pregnant Person Assessment/Register • Site Auditing policy & Register • Standard Operating Procedures Manual • Comprehensive site specific Hazard Identification & Risk Assessment. • Contractor Control Procedure/Register Safety Awareness Programme

Importance of the Safety Statement Manual • Mandatory requirement of Section 20 of the 2005 Act. • Must be comprehensive and workplace site specific and set out how safety & health is managed. • Must be in writing and re-assessed as is necessary. • Must be brought to the attention of all staff and endorsed by the board. The safety statement must set out the specific safety and health responsibilities of each management level within the undertaking and, in particular, how they will work together to ensure safety and health. Directors must also be given the authority to effect safety and health changes in the workplace's) covered by the safety statement. Safety Awareness Programme

Importance of Hazard ID & Risk Assessment • Mandatory requirement of Section 19 of the 2005 Act. • Must be comprehensive and workplace site specific. • Must be in writing and re-assessed as is necessary. • Must be brought to the attention of all staff The preparation and implementation of these documents presents an opportunity to ensure the involvement of everyone in the safety and health of the undertaking. Safety Awareness Programme

Creating a Positive Safety Culture • Directors and officers of undertakings who authorise and direct work activities are responsible for ensuring good safety and health as part of their corporate governance role and they must consider the following key elements when doing so: • Their leadership role in establishing the correct safety and health direction • The standards and objectives they set for management on safety and health • The extent to which they give managers responsibility, accountability and support for safety and health management • How they hold managers accountable for the safety and health responsibilities given to them • How they oversee internal control for safety and health Safety Awareness Programme

Duties of Employer & its Management • Manage health and safety in the workplace • Prevent improper conduct & behaviour in the workplace • Design, provide and maintain a safe place of work which uses plant and equipment. • Prevent risks to employees from the use of any substances and articles. • Design, provide and maintain safe access and egress. • Provide protection against noise, vibration and radiation • Plan, organise, maintain & revise the Safe Systems of Work. Safety Awareness Programme

Duties of Employer & its Management • Provide and maintain adequate welfare facilities. • Provide training information, instruction and supervision in a form, manner and language which employees are reasonably likely to understand • Provide & maintain suitable protective clothing and equipment • Prepare & Revise emergency plans & measures to be taken in an emergency. • Report to the H.S.A. any notifiable accidents, diseases and dangerous occurrences. • train new employees on recruitment. • train employees on transfer or change of task. Safety Awareness Programme

Course Completion Thank you for your time. Any questions? Paul Tierney Phoenix Safety ptierney@phoenixsafety.ie Safety Awareness Programme

Chief Fire Officer’s Association