1 / 31

FMGC Health & Safety Update 12 December 2006 Chris Streatfeild MBA MA BSc MIOSH

FMGC Health & Safety Update 12 December 2006 Chris Streatfeild MBA MA BSc MIOSH. Agenda. Current H&S Agenda Recent changes/proposals Corporate manslaughter CDM Asbestos Legionella Managing your risks. Current agenda. Current drivers. Accidents/Injury/ill-health Commercial Legal

dyan
Download Presentation

FMGC Health & Safety Update 12 December 2006 Chris Streatfeild MBA MA BSc MIOSH

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. FMGCHealth & Safety Update12 December 2006Chris StreatfeildMBA MA BSc MIOSH

  2. Agenda • Current H&S Agenda • Recent changes/proposals • Corporate manslaughter • CDM • Asbestos • Legionella • Managing your risks

  3. Current agenda

  4. Current drivers • Accidents/Injury/ill-health • Commercial • Legal • Politics • Corporate governance

  5. Asbestos Corporate manslaughter Fire legislation Noise & Vibration Stress Work at Height Workplace transport Slips/trips Legionella CDM/Construction Live issues

  6. Enforcing Authorities HSC/E Insurers Government Public Supply chain partners Professions Media Employees Unions Banks Pressure groups Competitors Trade bodies Stakeholder Politics

  7. “Recent Changes/Proposals ”

  8. Corporate manslaughter

  9. History & drivers • Zeebrugge 1987, (192 deaths) • “…from top to bottom the body corporate was infected with the disease of sloppiness…. The failure on the part of the shore management to give proper and clear directions was a contributory cause of the disaster.” • Piper Alpha Oil Platform 1988, (167 deaths) • “The cause was said to be a combination of “mundane design faults, human error and unsafe working conditions.” • Clapham Rail Crash 1988, (35 deaths) • “…emphasized how senior management failures provided the context of this error; supervisory mechanisms did not work; there was no instruction, training or checking of the technician’s work, and there were high levels of understaffing.” © Ciaran McAleenan, 2005

  10. Current situation • Manslaughter by Gross Negligence • Corporate Liability for Manslaughter

  11. Manslaughter by Gross Negligence • Was a duty of care owed to the deceased? • Was that duty of care to the deceased breached? • Did the breach of the duty of care cause or contribute to the death of the deceased? • If the breach of the duty of care caused or contributed to the death of the deceased, should the breach of duty be characterised as gross negligence and therefore as a crime?

  12. Corporate Liability for Manslaughter • “….the identification principle remains the only basis in common law for corporate liability for gross negligence manslaughter”. Source: Lord Justice Rose in Attorney General’s Reference No 2 of 1999

  13. Corporate Manslaughter Bill • Causation • Duty of care • Management failure & Senior managers • Gross breach & Gross management failure • Individual liability of Director’s

  14. Elements of the new offence • Duty of care owed to the victim that is connected with certain things done by the organisation. • Must be in breach of duty of care as a result of the way in which certain activities of the organisation were managed or organised by its senior management. • Management failure must have caused the victim's death. • The breach of duty must have been gross.

  15. Senior management Those who play significant roles in— • the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or (ii) the actual managing or organising of the whole or a substantial part of those activities.

  16. Gross Breach of duty • Failure to comply with legislation that relates to breach • How serious was the failure to comply? • How much of a risk death it posed? • Evidence that there were attitudes, policies, systems or accepted practices likely to have encouraged such failures • Regard to guidance that relates to breach

  17. Asbestos

  18. Asbestos • New regulations ((Asbestos Regulations - SI 2006/2737) now in force) • Consolidation of previous regulations • Prohibition of all asbestos (import, supply, use) • Mandatory training for anyone liable to be exposed to asbestos fibres at work • Control limits reduced

  19. Construction Design and Management Regulations

  20. Why change CDM? • Simplify the regulations and improve clarity • Maximise flexibility • Focus on planning and management, not ‘The Plan’ • Strengthen requirements on cooperation and coordination- encourage better integration • Simplify competence assessment • Reduce bureaucracy and raise standards.

  21. Current position • Consultation document published in April 2005; Closed in August 2005 • Over 400 responses- majority in support of proposals • Regulations due to be launched in Spring 2007.

  22. What are the main changes? • New trigger for appointments and preparation of the plan • Clients duty on management arrangements • A new dutyholder- the coordinator • Designers to eliminate hazards; reduce risk • Clarity in relation to competence assessment

  23. CDM: An integrated approach • Improve the planning and management of projects from the very start • Identify risks early so that they can be eliminated or reduced at the design or planning stage and the remaining risks can be properly managed • Target effort where it can do the most good in terms of health and safety • Discourage unnecessary bureaucracy

  24. CDM: The benefits • Reductions in the overall cost of ownership • because the structure is designed for safe and easy maintenance and cleaning work • Because key information is available in the health and safety file • Reduced delays • More reliable costings and completion dates • Improved communication and co-operation between key parties; and • Improved quality of the finished product.

  25. Ownership: Leadership: Partnership • Ownership of the problem • Leadership and commitment to achieve the next step change in performance • Partnership in preparing for the change and realising the benefits.

  26. Legionella

  27. Key duties • Identify and assess sources of risk • Prepare a scheme (or course of action) for preventing or controlling the risk • Implement and manage the scheme • Appoint a person to be managerially responsible (‘responsible person’ • Keep records and check that what has been done is effective • If appropriate, notify the local authority

  28. Lessons from Barrow Outbreak* • Assessing, verifying & monitoring the competence & performance of contractors • Ensure contracts take H&S fully into account & include explicit KPI’s • Clarify who will be “responsible” & “accountable” • Ensure all internal staff are trained and competent to manage the appointment & monitoring of contractors Don’t assume they are working unless you can prove it! * 7 deaths – 180 affected by legionnaires disease

  29. Managing your risks

  30. Key issues • Risk assessment & risk control • Policies & systems • Competence

  31. Questions & open forum

More Related