Beachcroft Wansbroughs What happens if we get it wrong? Barrie Hall Solicitor

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

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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

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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