Managing the ongoing demands of health and safety can be a “ value added” exercise

1. Managing the ongoing demands of health and safety can be a “value added” exercise Rob Nicoll B.Sc.(Hons) F.W.M.S. Wednesday 8th October 2008

2. Where does the current drive for ever increasing H&S come from? • Zeebrugge • Marchioness • Southall • Ladbroke Grove • Hatfield • Potters Bar • Barrow in Furness

3. What is the result? • Our personal and corporate responsibilities have never been greater... • Corporate Manslaughter Bill 2006 • Came into force in April 2008 • Leaves all existing legislation intact; e.g. Gross Negligence Manslaughter • Gets rid of identification doctrine; i.e. the controlling mind • Targets systemic failings and organisation • Applies to group companies

4. What constitutes guilt? • A company will be guilty of manslaughter if: • The way in which certain of its activities are managed or organised by senior managers; • Causes a person’s death; and • Amounts to a gross breach of a relevant dutyof care owed by company to deceased • The important step change is that the doctrine of identification of the controlling mind (such as a director) has gone. • Senior managers are now firmly in the ‘frame’

5. So who is a senior manager? • Two threshold test: • Plays significant role in either:- • Making decisions about how the whole or substantial part of activities managed or organised; or • Actual managing or organising of whole or substantial part of activities. • 2 strands to management responsibility:- • setting/monitoring , or; • operational management

6. What we see in the real world? • Outsourcing work to facility managers and managing agents has never been more popular. We see this occurring across a broad range of markets, such as: • Financial services • Defence • The public sector - universities, police forces and hospital trusts. • But are these areas where the ‘real risks’ occur? • Who is now responsible for a failure in the control scheme or chain of command?

7. HSE Analysis

8. What does this mean? • Clearly these HSE figures would suggest: • Accident rates are not falling despite numerous campaigns! • The very area of industry and commerce where we see activities most commonly contracted is where most accidents are happening! • We all know that the largest H&S issues are typically • Slips, trips and falls • Asbestos • Legionella management • The managers who decide to contract out services must ensure that there are adequate, robust and regularly reviewed control schemes in place.

9. Remember the Corporate Manslaughter definitions... • “2 strands to management responsibility:- • setting/monitoring , or; • operational management”

10. Perhaps this is why... • The European Campaign for Safety and Health at Work for 2008-09 will focus on risk assessment. • Two-year campaign is aimed at a wide range of stakeholders, including: • Employers • Workers • Safety representatives • It is intended to promote the benefits of completing and implementing a risk assessment. • The campaign seeks to demystify the risk assessment process to show that risk assessment is not necessarily complicated, bureaucratic or a task only for experts.

11. While regulations get tougher...All this is going on....

12. Can we have our cake and eat it? • Well as regulations become tougher, fortunately our ability to manage ‘business critical’ data is improving. • Ten years ago, if we wanted a book, CD, DVD, or video a trip out was needed... Now • There has been a massive expansion of the internet and the services it hosts. • CRM • HR • “Compliance”

13. Software as a Service (SaaS) • By 2011 it is estimated that 25% of new business software will be delivered as software as a service... Gartner • It is expected that Compliance tools will be the next big area of growth, so the cavalry is coming!

14. What are the advantages of SaaS • Hosted service – no need for an IT dept to stop it dead... • Design and development is a short cycle • Acquired on a subscription basis – no large capital outlay • Single platform • Updates are continuous and included in the annual fee • Feedback cycle from users is instantaneous • Implementation success rate is high!

15. What we do at Zeta • We supply ZetaSafe.net and its field based software ZetaMobile which allows contractors to implement, apply and review any area of health and safety compliance. • Importantly as we have seen this is often carried out by contractors , however, the web based nature of the system allows this work to become transparent to manager who has engaged them.

16. Transparency Visibility API

17. Case Study A – Air Handling Unit Inspection • Simple system but its efficiency is reliant upon regular inspections.

18. Case Study B – Chemical Use Inspection • Whether it is water and electrical meter readings or in this case chemical usage figures how often do we get to see the full picture?

19. So “Can you see the big picture?” • With paper based systems you tend to see snapshots of what is going on…. • Seeing a bigger picture is much more difficult because YOU have to assemble the pieces first IF you have them all!? • This headache increases with the size and complexity of your estate and responsibilities! • Ensuring others see this picture clearly can be challenging too!

20. In Summary • Legislation in going to increase • Expectations of the public and enforcement agencies will only get higher • We will see the first Corporate Manslaughter prosecution some time soon • Managers and businesses will want to continue to use contractors to carryout utility based activities and building management • Without the use of technology they will be flying blind • With the use of technology they will be able to demonstrate compliance but also ensure efficiencies are found and maintained

21. Acknowledgements • TLT SolicitorsOne Redcliff StreetBristolBS1 6TP • HSE web site • BBC • Attenda

22. End