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BARBOUR DIRECTOR’S CLUB WEDNESDAY 25 TH MARCH MANCHESTER Heather Beach Director – UBM, OSH #BarbourDirectors
Transcript of BARBOUR DIRECTOR’S CLUB › wp-content › uploads › 2015 › 03 › ...Agenda – 25th March...
BARBOUR DIRECTOR’S
CLUB
WEDNESDAY 25TH MARCH
MANCHESTER
Heather Beach
Director – UBM, OSH #BarbourDirectors
Agenda – 25th March
9.30 – 10.00 Registration and coffee
10.00 – 10.30 Introduction – Heather Beach
10.30 – 11:30 Hill Dickinson
11:30 Coffee break
11.45- 12.00 Barbour presentation
12.00 – 13.00 Occupational Health, Hygiene and Wellness Panel
13.00 Lunch and Networking
#BarbourDirectors #BarbourDirectors
#BarbourDirectors
Introduction from Heather Beach
OSH Portfolio
Barbour Director’s Club
Founded by Barbour in 2010
Opportunity to network with peers
High level face to face content
Opportunity for UBM to engage you with our
brands
#BarbourDirectors #BarbourDirectors
UBM supporting brands
#BarbourDirectors
UBM works closely with associations in
the sector
#BarbourDirectors
#BarbourDirectors
The Barbour Brand
50 year old brand
Microfiche -> CD-Rom -> Web
Started as purely 3rd party document library –legislation/guidance
Now Barbour created resources are of greatest use
System used for Gap Analysis and keeping legal register
Barbour webinar programme- 2000 plus attendees at each
#BarbourDirectors
Safety and Health Expo London ExCeL 16-18 June
Bringing the industry together: Key associations and brands
IOSH conference and RoSPA awards
Health and Safety week Symposium - Health
350 exhibitors with the latest product innovations
55 plus hours of CPD content
SHE Live!
Register today – for your VIP badge
#BarbourDirectors
Highlights of CPD content
at Safety & Health Expo
Get the latest on CDM in association with APS and Turner and Townsend with a panel debate and full session on the legislation, with an opportunity for lots of Q&A
Mock trial by Hill Dickenson – Experience what goes on in a mock trial
Occupational road risk mock trial also
Jason Anker – Get a first hand perspective from Jason on his experience following a building site accident
Pristine Condition – New speaker – new approach to training in lifting and handling by Davy Snowden former Weightlifting World Record holder!
New Ryder MarshSharman – Behavioural Safety. This will be an interactive sessions, with audience participation
Juice Learning
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Support for
North/Midlands visitors
Close monitoring of special deals
Official train booking partnerships with discount codes
250 free car parking spaces a day
But tell us what would help get you there!
#BarbourDirectors
IOSH Conference Programme highlights
Dave
Nicholls,
Global
HSE
Manager,
Wood
Group
PSN
Dr John
Izzo,
Leadership
expert and
adviser
Richard
Heron,
Vice
President
and Chief
Medical
Officer, BP
Margaret
Finn,
International
Safety
Specialist,
American
Express
•Over 12 hours of CPD content
•Unrivalled networking
•4 tracks – Health, Global Risk Mgt, Beyond Compliance and
Safety Culture #BarbourDirectors
Health and Safety Week
#BarbourDirectors
What was achieved in 2014
Lawrence Waterman launched it at Safety and Health Expo
1928 downloads of the banner for corporate websites in support of the week
Over 100 supporting photos taken
High profile supporters – National Express, Sainsburys, Arco, Network Rail, Battersea
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#BarbourDirectors
Health and Safety Week 15-19 June 2015
#BarbourDirectors
Objectives for HS Week 2015
To gain some mass media coverage – we need a celeb!
To raise awareness of the issues related to “Health” in Health and Safety
To get support from at least 3,000 organisations
To get at least 50 health weeks run
Get some health objectives in place
Run activities related to OH or wellbeing
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HS Week15
Health Symposium on 18th June
Women in Health and Safety Forum 17th June
Health Weeks
A petition
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#BarbourDirectors
Our invitation to you
Support Health and Safety Week
Attend the health symposium/women’s forum
Run a health week in your organisation –
resources at www.healthandsafetyweek.com
Register for Safety and Health Expo – as VIP
Consider attending IOSH conference
Learn more about Barbour
#BarbourDirectors #BarbourDirectors
#BarbourDirectors
Hill Dickinson
Nightmare on Pall Mall
Things that go bump in the night
Scene 1:
So you
wanna
be a
director? …you
might as
well quitIf you …
haven’t got it
INDG417
… but a failure to
comply is punishable
by prosecution and
even imprisonment.
Health and Safety
legislation does
not set out the
duties of a director...
DEATH BY 1,000
PAPER CUTS?
H&S Prosecutions*
0
200
400
600
800
2005/6 2006/7 2007/8 2008/9 2009/10 2010/11
709 697 677
587 642
28 25 48
35
38
Convictions Acquittals
* HSE and LA
H&S / Director prosecutions
0
100
200
300
400
500
600
700
800
2005/6 2006/7 2007/8 2008/9 2009/10 2010/11
10 23 13 36 36 43
737 722 725
622
680
Directors Cases
Directors
0
10
20
30
40
50
2005/6 2006/7 2007/8 2008/9 2009/10 2010/11
10
23
13
36 36 43
Charges
Directors – winner & losers
0
10
20
30
40
50
2005/6 2006/7 2007/8 2008/9 2009/10 2010/11
5
14 9
13
27
35
5
9
4
23
9
8
Convictions Acquittals
Triggers – what went wrong?
0
10
20
30
40
50
2005/6 2006/7 2007/8 2008/9 2009/10 2010/11
3 7 8 10
13
7 4
2 2
10
12
15
4
12 5
16
12 21
Fatal Accident Nothing
SETTING THE SCENE
REGULATION
BREACHES MHSWR PUWER LOLER
SECTION 2:
Employees
‘RISK’
PROSECUTIONS
SECTION 3:
The Public
INDIVIDUAL
PROSECUTIONS
SECTION 37:
Consent, Connive, neglect
PERVERT
JUSTICE
SECTION
36
CORPORATE
MANSLAUGHTER
UNLAWFUL
KILLING
GROSS NEGLIGENCE
MANSLAUGHTER
Health and Safety (Offences) Act 2008
• Offences committed after Jan 2009
• Increased penalties
• Same duties as before but now…
• Up to 2 years in prison, and / or
• Unlimited fine
Remember -
• Gross negligence manslaughter – life
imprisonment…
Gross negligence manslaughter
“so bad in all the
circumstances as to
amount … to a
criminal act or
omission” ..?
Duty?
Lion Steel prosecutions
£480,000
Section 37… Escape THEIR Victory
CONSENT
CONNIVANCE
NEGLECT
Knowledge of circumstances
of an offence.
NOT knowledge that an offence
is being committed.
Consent?
Connivance? See no evil…
Wilful blindness
‘Don’t tell me, just do it‘
Neglect?
“The question, at the end of the day, will
always be, … [whether] the officer in
question of the company
should have … been
put on enquiry … [and] whether or
not the appropriate safety
procedures were in place.”
6 ’ 0
5 ’ 0
4 ’ 0
Scene 2:
Who Framed Roger the Director?
Police HSE / LA PRESS Co-DIRECTORS SHAREHOLDERS
INTERMISSION - ALMOST
Plan
• Visible ‘ownership’ – make it matter
• Champion?
• Non-exec role?
• True integration into management – not just monthly
checklists
Do
• Make it happen – resource
• ‘Vet’ competency of advisors
• Check aims being fulfilled – RAMS
• H&S in recruitment, tendering and on shop floor
• Engagement – make it matter – Oscars..?
Check
• Implement well considered reporting systems – Accidents
– Compliance – near misses, training and maintenance
• Audit
• Board oversight – Impact of significant changes
– Regular reports
– Benchmark
• Keep up to date with changes
Act
• Compare aims and objectives against H&S policy
• Assess reporting structure – are you getting enough info?
• Report and address failings – no sweeping under carpet
• REACT to major issues, changes and accidents
WHEN THINGS GO BUMP
Golden rules
• Take control
• Get EARLY legal advice
The investigation
Inspectors may try to:
• enter premises
• demand documents
• speak to staff
• conduct formal interviews
• prohibit activities
Can they?
HSE Powers
Inspectors can:
• enter premises without warning
• seize exhibits
• prevent interference with exhibits
• question people
• prohibit activities and
• demand (copy) documents
HSE Powers
• Most extreme - “s20 interview”
An inspector can require anyone to answer questions if he
thinks they may be able to assist the investigation.
– Failure to answer,
– deliberately misleading the inspector or
– trying to prevent a s20 interview taking place
– can all lead to prosecution.
How to respond
• Successful defence relies on a managed response
• Fine line between protecting the interests of the company
and complying with legal duties – to exercise legitimate
control without obstructing the investigation.
• Understand – what the investigators want (and what they can have)
– what you and your employees are obliged to do
– what rights you have
– the stages of the investigation process
Tips - what to avoid
• Very easy to try too hard to protect your company.
• Bournemouth case – Fatal accident at a scrap yard
– Company pleaded guilty to Health and Safety offences, fined £60,000
• BUT – One employee was jailed for six months
– One director was jailed for 15 months
– One director was jailed for 3 years
• Perverting the course of justice
Magic words
• ‘Section 20’
• Interview under caution
• PACE interview
• Privilege
• Prohibition / Improvement Notice
• Statement
New Sentencing Guidelines
• Late Summer / early Autumn
• Less flexible approach
• Categories based on turnover and degree of risk/harm
• One example – Medium sized company (£10M - £50M turnover)
– Medium culpability
– Serious harm (category 1)
– Starting point £……
– Range £….. to £……
#BarbourDirectors
COFFEE BREAK
#BarbourDirectors
BARBOUR
PRESENTATION
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Occupational
Health, Hygiene
and Wellness
Panel
#BarbourDirectors
Dr. Adrian Hirst BOHS President-Elect, Senior Lecturer, COEH
University of Manchester MD Hirst Consulting
Are we Equipped to deal with the ‘Health’ in ‘Health and Safety’?
The Elephant in the room
99%
“NO, not yet”
“NO, not yet”
13,000 disease deaths per year (2013/14)
Potentially fatal new cases
8,500 respiratory disease
13,500 occupational cancer
“NO, not yet”
Debilitating new cases
18,000 noise induced hearing loss
35,000 occupational skin disease
x10,000 hand-arm vibration
184,000 musculoskeletal
244,000 work-related stress
So why are we failing to prevent occupational disease?
Health and Safety = SAFETY
Occupational Health = SICKNESS ABSENCE & WELLBEING
Occupational Hygiene = ???????
Words Matter!
Robens Thought so too!
Report of the Committee on Safety and Health at Work, 970-72 Chairman LORD ROBENS July 1972 H
ER MAJESTY'S STATIONERY OFFICE Cmnd. 5034 Chapter 12 Paras 355 & 356
Protecting people from workplace health risks Occupational Hygiene
Promoting healthy lifestyle choices
Wellbeing
Managing health of workers
Occupational Health
Powerful Partnership of Occupational Health, Hygiene and Wellbeing
Lets make the ‘Health’ in ‘Health and Safety’ what it was always intended to be…
#BarbourDirectors
Helen Kirk Head of Occupational Health Transition at Public
Health England
The case for specialist workplace health
Helen Kirk 25 March 2015
The case for OH specialists
• Why can't a safety adviser do the OH?
• Do we need a doctor?
• Do we need a nurse?
• Do we need a counsellor?
• Do we need a physio?
The case for OH specialists
Future OH practice research
• >1000 OH nurses
• 91% female
• ¾ over 45 years old
• Most nursing >20 years
• 70% on specialist register
Future OH nursing practice
>80% of OH nurses consider these important:
• make sure treatment and care are evidence-based
• work independently (often as part of a team)
• provide leadership
• evaluate the effectiveness of care provided
• refer patients to appropriate colleagues
• plan and provide skilled, competent care
57% agreed in the future OH nurses should be trained in
advanced practice Kirk H. Occup Med 2012
#BarbourDirectors
Prof Andrew Curran Deputy CEO and Science, HSL
An agency of the Health & Safety Executive Enabling a better working world © Crown Copyright, HSL 2014
Enabling a better working world
February 2015
Professor Andrew Curran
Deputy Chief Executive
Are we equipped to
deal with the Health in
Health and Safety?
An agency of the Health & Safety Executive Enabling a better working world © Crown Copyright, HSL 2014
4Ps: Managing the Interfaces
An agency of the Health & Safety Executive Enabling a better working world © Crown Copyright, HSL 2014
Organisational Health Culture Maturity?
An agency of the Health & Safety Executive Enabling a better working world © Crown Copyright, HSL 2014
Organisational Health Culture Maturity?
#BarbourDirectors
Mark Partridge EEF Occupational Health
Services
EEF OCCUPATIONAL HEALTH
Mark Partridge Chairman & Chief Executive
25th March 2015
Manchester
Provided by Collingwood Health Ltd
Barbour Directors Club
“Who Owns Occupational Health ?”
Credentials
Mark Partridge
• Not clinical. Engineer by training
• Managed businesses in many sectors, many countries
• FTSE 100 to start-ups
EEF Occupational Health
• Customers in both the private and public sectors
• Office workers to steel workers
• SEQOHS
Who Owns Occupational Health ?
Statutory health surveillance
Fitness for work
Wellbeing agenda
Occupational Hygiene
Sickness absence management
Defending claims
Who Owns Occupational Health ?
SEQOHS
NMC
RCP
GMC
HSE
RIDDOR
COSHH
Legislation
Who Owns Occupational Health ?
Does it matter ?
#BarbourDirectors
LUNCH &
NETWORKING
