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Abbott Risk Consulting Ltd Providing innovative and pragmatic safety and risk consultancy to the Rail, Oil & Gas, Nuclear and Defence industries We work closely with our clients to ensure we meet their requirements and expectations for managing risks they face and improving their businesses. Typical projects include: • Project safety management and assurance • Safety and RAM assessments • Software SIL assessments • Safety performance benchmarking • Business performance improvement • Enterprise Risk Management (ERM) • KPI and risk based reporting systems • Safety culture assessments and maturity reviews • Human factors studies • modelling to delivering quality solutions to time and budget. We are proud to have been recognised as one of “The Sunday Time 100 Best Small Companies To Work For 2013”. Please contact steven.hughes@consultarc.com jo.york@consultarc.com quoting reference no. ARC 1316 ARC is committed to equal opportunities for all Logo WE LISTEN Strapline To your health & safety concerns with confidentiality guaranteed WE RESPOND By liaising with the relevant company to help facilitate a resolution WE ALL LEARN By sharing lessons learnt via conferences, workshops and CIRAS publications www.ciras.org.uk Freephone 0800 4 101 101 Freepost CIRAS Text 07507 285887 CIRAS ATOC ADVERT (183mm x 130mm).indd 1 05/04/2013 15:16 Page 26 July/August 2013
Legal Laying down the law Claudia Gerrard Despite the high-profile news coverage of convictions in the rail industry, many companies still don’t understand their health and safety obligations says Claudia Gerrard The rail industry is no stranger to health and safety issues. In November 2012 for example, the tragic death of a teenager resulted in the conviction of a rail guard. In July/August 2013, the Court of Appeal rejected the rail guard’s appeal against his five year prison sentence, saying his decision to allow the train to move off was 'inexplicable' and that the sentence was fair. Yet, despite increasing news coverage, many organisations still don’t understand their health and safety obligations. There has never been any doubt that health and safety at work is one of the key issues facing companies in their daily operations. But the law on this area can be complex and not easy to understand. The Health and Safety at Work Act 1974 states what employers have to do to prevent industrial accidents. It deals with activities which could be classed as 'inherently dangerous'. By the same token, the common law tort of negligence says that you may owe a 'duty of care' to third parties, if certain requirements are met. However, it has proved difficult in the past to make a company liable for failing to prevent a death or for causing a death. Now legislation has come into force which covers situations where an employee or other third party is killed. The Corporate Manslaughter and Corporate Homicide Act 2007 aims to facilitate prosecution of large organisations, where the company’s failing has led to a death. One main penalty is an unlimited fine. This is separate but linked to the Health and Safety at Work Act. However the implications and consequences of breaching the 2007 Act are still not widely known. In February 2011, the first successful prosecution was made under the Corporate Manslaughter and Corporate Homicide Act. Cotswold Geotechnical Limited, an engineering company, was fined £385,000 Health and safety: top ten tips 1prepare health and safety policies: a court will review a company’s internal policies, so ensure there are comprehensive policies in place. Make sure employees are aware of the policies and have access to them, electronically or in paper form 2train key employees: directors, senior management and other officers might be liable under the Corporate Manslaughter and Corporate Homicide Act, so specific training about their duties is fundamental 3train all employees: this should cover both general health and safety and anything which is specific to the employees’ jobs 4provide safety equipment: this will depend on the precise nature of the work being carried out by employees 5advise on ad hoc or unusual risks: provide guidance on matters such as dealing with inebriated passengers and instruct employees on precisely what is acceptable behaviour 6carry out regular audits: ongoing action is recommended to ensure that company policies remain current and up-to-date 7monitor accidents: ensure there is a policy in place for notification of accidents, however minor, and make sure employees are aware of it 8deal with accidents promptly and efficiently: prepare an incident response plan to handle investigation of accidents, making sure documentary and physical evidence is preserved 9post-accident steps: take remedial steps or make improvements following an accident 10 review insurance policies: consider taking out directors’ and officers’ liability insurance but make sure any policy allows the company to recover its legal costs, regardless of whether or not a prosecution is successful. July/August 2013 Page 27
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