1 / 18

ICAEW

ICAEW. Health and Safety for Insolvency Practitioners - how to stay out of jail Simon Joyston- Bechal 24 October 2012 42309191.1. Speaker details. Simon Joyston-Bechal Pinsent Masons LLP simon.joyston-bechal@pinsentmasons.com Mobile: 07880 684 781. Overview.

krista
Download Presentation

ICAEW

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. ICAEW Health and Safety for Insolvency Practitioners - how to stay out of jail Simon Joyston-Bechal 24 October 2012 42309191.1

  2. Speaker details Simon Joyston-Bechal Pinsent Masons LLP simon.joyston-bechal@pinsentmasons.com Mobile: 07880 684 781

  3. Overview • Areas of vulnerability for IPs • New risks in Health & Safety • Management tips to reduce exposure to liability

  4. Areas of vulnerability for IPs Who should be prosecuted? • Company (in administration)? • Directors? • Managing agents? • Administrators/LPA Receivers? • IPs’ firm or its staff?

  5. Areas of vulnerability for IPs (2) Insolvent company prosecution decision • Decision to prosecute administrators and/or their firm (as employer of the administration team) Decision to prosecute company (in administration)

  6. Areas of vulnerability for IPs (3) Criminal Liability

  7. Areas of vulnerability for IPs (4) Criminal Liabilities for Individuals • Gross Negligence Manslaughter (individuals) • Breach of duty of care so grossly negligent it deserves criminal sanctions • General Duties of employees (s7 HSWA) • Take reasonable care for H&S of yourself and others affected by your “acts or omissions at work”

  8. Areas of vulnerability for IPs (5) Directors’ Duties • 37(1) HSWA“Where an offence … is proved to have been committed with the consentor connivanceof, or … attributable to any neglecton the part of, any director, manager, secretary or other similar officer… or a person…purporting to act in that capacity, he as well as the body corporate shall be guilty of that offence”

  9. Areas of vulnerability for IPs (6) • Fire safety • Asbestos • “Competent person” requirement • Sale of 2nd hand work equipment

  10. New risks in H&S • Imprisonment for mainstream H&S offences • Corporate Manslaughter and Corporate Homicide Act 2007 • Sentencing guidelines for fatalities • Recession

  11. Management tips to reduce exposure to liability • Training for IPs and staff • H&S legal review of documents and procedures • Audits for H&S and fire safety – Broker support • Internal H&S legal review

  12. Management tips to reduce exposure to liability (2) Training for IPs and staff to understand: • IP vulnerability • Essentials of criminal H&S law • H&S duties for directors and IPs • Preventive steps for IPs

  13. Management tips to reduce exposure to liability (3) H&S legal review to amend: • Checklists • Template/precedent letters

  14. Management tips to reduce exposure to liability (4) Audits for H&S and fire safety • Which appointments/premises? • Time periods • Broker terms and payment mechanisms • Prioritisation and actioning results • Follow up advice

  15. Management tips to reduce exposure to liability (5) Internal H&S legal review • H&S policy statement • Roles and responsibilities • Incident response and privilege protection • Support for regulator interviews

  16. Conclusions • Awareness of vulnerability • Solutions • Training • Documents and procedures • Audits • Internal H&S support

  17. Questions?

  18. ` Health and Safety for IPs – how to stay out of jail Simon Joyston-Bechal 11 October 2012

More Related