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Introduction

Introduction. Recent Case Law Judges Comments Integral Part Of Business Purpose Of Talk. Legislation. Health & Safety At Work (NI) Order 1978 (HSW(NI) Order 1978) Article 4(1) - HSW(NI) Order 1978 – Ensure Health & Safety Of Employees

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Introduction

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Presentation Transcript

  1. Introduction • Recent Case Law • Judges Comments • Integral Part Of Business • Purpose Of Talk

  2. Legislation • Health & Safety At Work (NI) Order 1978 (HSW(NI) Order 1978) • Article 4(1) - HSW(NI) Order 1978 – Ensure Health & Safety Of Employees • Article 5(1) - HSW(NI) Order 1978 – Ensure Health & Safety Of Others • Legislation To Provide Safe Plant Etc In Practice

  3. In Practice Written Health & Safety Policy HSENI Leaflet Provides Guidance Re Policy Issues To Be Covered, Highlighted, Includes: Responsibilities Risks Consultation Handling Information Safe Plant Training Accident Procedures Monitoring Emergency Procedures

  4. In Practice - Continued.. Risk Assessments Divide Work Into Manageable Categories Look For Hazards Evaluate The Risks Prepare A Plan For Controlling Risks Review And Revise

  5. In Practice - Continued.. Ensure A Safe Place Of Work Is Provided

  6. In Practice - Continued.. Ensure Health & Safety Poster Displayed Ensure Warning Signs Displayed

  7. In Practice - Continued.. Keep An Adequately Stocked First Aid Box Train First Aiders Devise A System For Reporting Accidents

  8. In Practice - Continued.. Ensure Training Is Provided

  9. In Practice - Continued.. Provide Safety Equipment

  10. In Practice - Continued.. Ensure Co-operation Ensure Work Areas Kept Clean And Tidy Regular Maintenance Required HSENI Website - www.hseni.gov.uk

  11. Management Responsibility Lies With Management Defence To Charges Only If Systems In Place Key Issues HSE Guidance Published

  12. Penalties • Improvement Notices • Prohibition Notices • Prosecution – Will Be Undertaken Where: • Expectation Or Deterrent • Potential Of Considerable Harm • Gravity Of Offence

  13. Penalties • Manslaughter Prosecution • Magistrates Court Or Crown Court • Serious Cases In Crown Court • Fines - Typically Up To £5000 In Magistrates • Unlimited Fine In Crown Court • Imprisonment • Up To 6 Months In Magistrates • Up To 2 Years In Crown Court

  14. Corporate Manslaughter Bill Published Companies To Be Found Guilty Where Grossly Negligent Failures Lead To Death “Controlling Mind” Offence – Causing Death Through Gross Breach Of Care

  15. Corporate Manslaughter Applies To Corporations Penalty Will Be Unlimited Fine Court Can Impose Order Requiring Remedy Makes Prosecutions Easier Not Clear When It Will Become Law Expected 2006

  16. We can help Consult us for advice if you have an accident at work If the accident is investigated by the HSE If you are asked to attend for interview by the HSE, we will attend with you and give you advice If you are prosecuted we will defend you Campbell Fitzpatrick www.cfs-law.cominfo@cfs-law.com * Expertise * Innovation * Individuality

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