beachcroft wansbroughs what happens if we get it wrong? barrie hall solicitor
TRANSCRIPT
BeachcroftWansbroughs
What happens if we get it wrong?
Barrie HallSolicitor
BeachcroftWansbroughs
Transco - £15 Million
Hatfield – £13.5 million
Corporate Manslaughter Bill
BeachcroftWansbroughs
Overview
Employer Duties Consequences of failure - injury /
disease / fatality Costs - direct and indirect Dealing with an accident
BeachcroftWansbroughs
The Duties of an Employer
Common Law duty to provide:
A safe place of work A safe system of work A safe plant and equipment Competent staff
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Statutory Duties
Management of Health and Safety at Work Regulations 1992 ( updated 1999)
Workplace ( Health Safety and Welfare ) Regulations 1992
The Provision and Use of Work Equipment Regulations 1992 (updated 1998)
contd...
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Manual Handling Operations Regulations 1992
Personal Protective Equipment Regulations 1992
Health & Safety (Display Screen Equipment) Regulations 1992
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It’s gone wrong!
Injury Disease:
- Asbestos related- Deafness- Vibration White Finger- Stress- Hazardous exposure
Fatality
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Facts and Figures
In 2003/04 236 fatal accidents over 30,000 major 130,000 injuries causing an absence
of more than 3 days absence from work.
2004/05- 220 fatal accidents
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Working at Height Regulations
In force 6 April 2005 Duty to ensure:
all work at height properly planned and organised
those involved competent risks from work at height are
assessed appropriate work equipment risks from fragile surfaces properly
controlled equipment inspected and
maintained.
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Counting the Cost
Direct Costs 39 Million days lost due to
accidents and workplace related illness every year,
9.9 million days are lost as a result of work relating to manual handling processes.
Personal Injury Claims Fines
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Cost of Personal Injury Claim
Damages Costs – Conditional Fee Agreements Fixed fees – Employers Liability
(accident 1/10/04) Fixed fees – Disease claims (claim
after October 2004) Lost time to investigate, give
witness statements, attend trial
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Fines
86% conviction rate (03/04) average fine
Magistrates £7,000 Crown Court £18,000
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Indirect Costs
Claims culture HSE prosecutions - criminal
record Business Reputation Loss of loyalty / morale
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Enforcement Website
www.hse-databases.co.uk/prosecutions/
Records for 5 years Trade Publicity Wider Publicity – local and national
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Proactive
Health and Safety standards Records, records, records Board Level commitment - personal
liability Relationship with HSE Risk-based approach Records, records, records!
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Records, Records, Records
Civil Procedure Rules Straight denial – not any more Pre-action Disclosure Applications –
money for old rope
Drafting -
“Alleges” Who said what?To who?When?
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Reactive
Pastoral Contemporaneous Investigation Remedy faults Co-worker care Co-operation with authorities Rehabilitation Back to work assessment
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RECORDS, RECORDS, RECORDS!
Always turn up at trialCannot be cross-examined
Don’t change their story over time
BeachcroftWansbroughs
Corporate Manslaughter
Guilty of Corporate manslaughter if:
The way in which the organisations activities managed or organised by its senior managers :
(a) caused a death and (b) amounts to a gross breach of duty
Unlimited fine
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Relationship with HSE
Lasts longer than the PACE interview
www.corporateaccountability.org - enforcement policy
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RECORDS, RECORDS, RECORDS