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IIRSM Qatar 23 rd January 2018 Presented by: Mark Stephens

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Page 1: Title of presentation goes here Name of presenter Date · Presentation –Similarities between Quality & Safety ... (mens rea), or a mistake. A mistake occurs whenever the criminal

IIRSM Qatar

23rd January 2018

Presented by:

Mark Stephens

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Before we start

CROWNE PLAZA SAFETY ORIENTATION VIDEO

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Welcome & Announcements

Welcome to: -

All of our members and visitors, especially those attending for the first time;

Representatives of our new sponsor DISS;

Our guest participants: Viv Turner

Sponsor participant: Darlene Cueto

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Agenda Introduction by Sponsor

Legal Focus – Qatar Legislation

Presentation – HSE Studies / Consultancy

Networking:

Introductions

Networking Topic

Presentation – HSE Obstacles

Local Accident & Lessons Learned

Presentation – Similarities between Quality & Safety

Other Business

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Agenda #1

Introduction by Sponsor

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Agenda #2

Legal Focus

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 1

Part 1 – Preliminary ProvisionsPart 2 – Territorial JurisdictionPart 3 – CrimesPart 4 – Reasons of PermissibilityPart 5 – Responsibility ImpedimentsPart 6 – PenaltiesPart 7 – Legal Excuses

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Part 1 – Crimes against External State SecurityPart 2 – Crimes against Internal State SecurityPart 3 – Crimes related to Public PositionPart 4 – Crimes related to JusticePart 5 – Crimes related to Public TrustPart 6 – Crimes of Public DangerPart 7 – Social Crimes

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Part 1 – Crimes afflicting People’s Lives & SafetyPart 2 – Crimes related to Freedom and Security of IndividualsPart 3 – Crimes concerning Money

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 4

Contraventions

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 1

Article 32 – Mental Element

The mental element of a crime is composed of the intention (mens rea), or a mistake.

A mistake occurs whenever the criminal result is achieved as a result of the mistake on the part of the perpetrator, whether due to negligence, carelessness, non-precaution, recklessness, imprudence or non-observance of Laws or Regulations

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 1

Article 34 – Mental Element

(Ignorantia juris non excusat). Ignorance (or wrong interpretation) of the Law is not an excuse.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 183 – Abstention to Testify / Delay Legal Proceedings

A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who hides or destroys, a written document, deed or anything else required to be submitted to the authority of investigation before any judicial authority, with the intention of misleading the courts, or the authority of investigation.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 184 – Abstention to Testify / Delay Legal Proceedings

A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who, with the intention of misleading the courts, changes the appearance of persons, places or things, hides items of evidence, or gives false information related thereto, with knowledge of the facts.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 185 – Abstention to Testify / Delay Legal Proceedings

A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who, conceals the corpse of a person who died as a result of an accident or crime.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 191 – False Communication

Whoever disturbs any representative of a public authority by making unfounded statements about catastrophes, accidents, offences or dangers, the court may decide to compel the perpetrator to pay the expenses; the said false statements shall be punished with imprisonment for a term not exceeding 5 years.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 241 – Transgression on Public Facilities

Whoever destroys or damages any device, machine, or other object of first aid, fire-fighting, life-guarding, or other apparatus intended to prevent other accidents, or changes their position causing them to become inoperable or useless, shall be punished with imprisonment for a term not exceeding 3 years.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 241 – Transgression on Public Facilities

The same penalty shall be imposed on any person who is responsible for looking after the objects mentioned, but who fails to ensure their proper installation, which makes them inoperable or useless.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 253 – Crimes related to Public Health

Whoever accidently causes the spread of an infection or epidemic shall be punished with imprisonment for a term up to 3 years and a fine not exceeding QAR 10,000.

A prison term not exceeding 7 years and a fine not exceeding QAR 20,000 shall apply if the act causes death.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 254 – Crimes related to Public Health

Imprisonment for a term not exceeding 6 months and a fine not exceeding QAR 2,000 shall apply if this (pollution of a well, public water supply, or any other water resource) happens by mistake, or out of negligence, or ignorance of the Law or other notices..

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 2

Article 255 – Crimes related to Public Health

Imprisonment for a term not exceeding 3 years and a fine not exceeding QAR 50,000 shall apply if this (pollution of national or territorial waters) happens by mistake, or out of negligence, or ignorance of the Law or other notices.

In addition, the offender shall pay a fine equivalent to the value of damage caused.

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Article 311 – Crimes afflicting People’s Lives & Safety

Whoever accidently causes the death of a person through negligence, ignorance, or fails to take heed or comply with Laws or Regulations, shall be punished with imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000

(1 year if the avenger of the blood heir forgives or accepts blood money).

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Article 312 – Crimes afflicting People’s Lives & Safety

Whoever accidently harms a person through negligence, ignorance, or fails to take heed or comply with Laws or Regulations, shall be punished with imprisonment for a term not exceeding 6 months, and a fine not exceeding QAR 5,000, if the crime leads to permanent deformity.

(2 months if the avenger of the blood heir forgives or accepts blood money).

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Article 313 – Crimes afflicting People’s Lives & Safety

The penalties stipulated in Articles 311 & 312 shall be doubled, if the crime is the result of a transgression of the offender’s occupational profession or job……….

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Article 372 – Computer Crimes

Whoever accesses data saved onto a computer resulting in deleting, modifying, spoiling or disabling information existing inside the computer, shall be punished with imprisonment for a term no less than 1 year, not exceeding 3 years, and a fine of no less than QAR 10,000, and not more than QAR 15,000..

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 3

Article 390 – Destroying Properties

Whoever cuts off or damages trees planted in streets, parks, markets or public spaces shall be punished with a fine that is twice the value of the trees in question, and/or imprisonment for a term not exceeding 6 months, and also fined an amount not exceeding QAR 5000..

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Legal Focus

• Law 11 of 2004 Issuing the Penal Code 11/2004

Book 4

Article 397 – Contraventions

Without prejudice to any other severe penalty stipulated in any other Law, whoever commits the following acts shall be punished with a fine not exceeding QAR 500:

2. Fails to put appropriate warning signs, day or night, of excavations under his supervision.

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Agenda 3

Presentation – HSE Studies / Consultancy

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Agenda 4

Networking

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4a. NETWORKING

Write down an important date TO YOU, on a post-it note

(day, month & year)

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4a. INTRODUCTIONS

Grab yourself a drink & bite to eat from the back

Then with your post-it note and pen, immediately go to the decade your chosen date falls in

Talk amongst your group about your date and why you have chosen it

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4b. Timeline Exercise

I will then visit each “decade”, and give you a topic

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4b. Timeline Exercise

In the year you chose, a major accident happened somewhere in the world

As part of your professional development, I want you to read up on that accident, and find out what happened, how many died, and what the root cause was.

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4b. Timeline Exercise

If you want, you can volunteer to present a summary of the accident (no longer than 3 minutes) at a future meeting

Volunteer names to Bala at the end of this Meeting

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Agenda 5

Presentation – HSE Obstacles

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Agenda 6

Local Accident & Lessons Learned

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ROOT CAUSES IDENTIFIED

Intentionally ignored instructions for designated route Intentionally bypassed safety barriers to take short

cut

CORRECTIVE ACTIONS TAKEN

Toolbox Talk to all workers on working at height

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Agenda 7

Presentation – Similarities between Quality & Safety in Construction

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Agenda 8

Other Business

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(now is the time to raise questions from work)

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Other Business

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Other Business

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Other Business

Alfredo SantosErshad HussainOyebande WaheedFelix AustriaTakou EvaristeEliseo BermidoMehboob RezaAjibade Lateef

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Upcoming Events and Meetings

January

26-27 International Conference on Civil & Environmental Engineering - Mercure Grand Hotel

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Upcoming Events and Meetings

February

20 IIRSM Meeting – Crowne Plaza Hotel

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Upcoming Events and Meetings

March

01 Gulf Expo – t.b.d19-21 International Sustainable Energy Conference - DECC20 IIRSM Meeting – Crowne Plaza Hotel 25-26 International Conference on Environment – Mercure

Grand Hotel

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Upcoming Events and Meetings

2018

28 April – UN World Day for Safety & Health at Work

06-07th MAY – Qatar HSE & Fire Safety Conference - Marriott Marquis City Centre Hotel

05 June – UN World Environment Day

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A Word of Thanks

To our sponsor DISS for support of the branch for the first quarter of this year.

Thanks to Viv and Darlene for their participation

To all of you, our members and visitors, for making the effort to attend and support IIRSM.