PRESENTED BY; Kieran Linehan, CFIOSH,...

SAFETY | TRAINING | CONSULTANCY| STAFFING SOLUTIONS

PRESENTED BY; Kieran Linehan, CFIOSH, MSc


Lo-call: 1890-600-666www.Ayrton.ie


Welcome Ayrton Group

SOLAS & QQI Registered Assessment Centre

2


Corporate Governance in Health & SafetySUBJECT MATTER;Corporate Manslaughter BillLevels of Responsibility on Directors & ManagersWhat happens in event of Breach of Policy?Do you have a Governance Process?

3


Corporate Manslaughter Bill 2016BACKGROUND;Introduced 5 times since 2001

4

OLD ARGUMENTS INCLUDE;1. 1979 Betelgeuese Oil Tanker, Bantry – 50 killedCostello Inquiry; Owners of Oil Terminal failed in numerous ways to maintain adequate safety measures. Ship owner failed to maintain it for ‘reasons of economy’.Does this mean that employees safety was not a sound investment?2. 1980‐ Buttevant Rail Crash‐ 25 killed, 125 injured.Inquiry found adequate safety precautions & procedures were not implemented.3. 1981‐ Stardust Fire‐ 48 died when fire safety laws were breached.


Corporate Manslaughter Bill 2016

• DEFINITIONS;‘High Managerial Agent’- ‘…director, manager, other similar officer

of the undertaking…’, or anyone acting in such a capacity.• Includes those who make decisions about managing the activities

of the ‘undertaking’ & those who are delegated responsibility for this.

‘Undertaking’- ‘…persons or body corporate…’ supplying goods or services whether for profit or not.

5



An undertaking caused death by gross negligence where-• It owed a duty of care to the deceased• It breached that duty of care• That breach involved a significant risk of death or serious personal harm• And that breach caused the death of the person

6



The court will take account of the following (not exhaustive);• The way the activities are managed or organised• Procedural rules & policies• Training & supervision of employees• Response to previous incidents• Stated & actual goals of the undertaking• Adequacy of communications systems• Any assurance systems to which the undertaking subscribed

7


Corporate Manslaughter Bill 2016‘Offence of Grossly Negligent Management Causing Death’…A high managerial agent shall be guilty if-• They knew of ought to know of substantial risk of death or serious

personal harm• Failed to take reasonable efforts to eliminate that risk• That failure contributed to the offence.The court must take account of the responsibilities of that agent, &

was it within their power to eliminate risk, or pass on information to others who were in the position to eliminate risk.

8


PenaltiesAn ‘Undertaking’ is liable to a fineA ‘High Managerial Agent’ is liable to a fine or prison sentence,

or both, up to 12 yearsFor ‘Grossly Negligent Management’; May be disqualified from a

management role for up to15 yearsMay be liable to a fine up to €5million, imprisonment for up to 2

years, or both

9


Adverse Publicity Order/ APOAn undertaking may be subject to an APO- must publicise in a

broadcast, print or online medium• The fact of your conviction for corporate manslaughter• Particulars of the offence• Amount of fines, any community service, remedial order, • Any disqualification of agents

10


UK Comparisons; Sample Cases Corporate Manslaughter introduced in 2007;1. Cotswold Geotechnical Services fined £385k, 2012. Engineer died

when an unsupported trial hole collapsed2. JMW Farms, Armagh, fined £187k when a tank collapsed as a

worker power hosed it, killing him.3. J Murray & Son, Co. Down fined £100k when worker killed

entangled in moving parts of a blender4. Lion Steel, Manchester, fined £385k after a worked climbed onto

a roof to check a leak, and fell.

11


UK Comparisons; Sample Cases 5. Princes Sporting Club Ltd, fined entire company assets, £134k,

2013, young girl was hit and killed by a speedboat in 2010.6. Huntley Mount Engineering, fined £150,000 , 2015 & company

director jailed for 8 months. Apprentice allowed work without meaningful supervision on dangerous and defective equipment. An agency, Lime People Training Solutions, were also fined £75,000.

7. Sherwood Rise Limited (Care Home) fined £30,000 and company director jailed for 3 years & 2 months, after resident (86) died. The Home Manager received a 1 year suspended sentence.

•12


Back Home- Some Court Examples; Loss of load leads to 2 Fatalities- 2007

• Nolan Transport convicted & fined €1million for death of 2 people• Load was not properly tied• Slid off trailer on to 2 cars

‘Gross dereliction of the company’s duty to persons not in its employment’• Driver fined €1500, disqualified for 3 years

13


Levels of Responsibility on Directors & Managers

• 2005 Safety Health & Welfare at Work Act;

• 2007- Guidance for Directors & Senior Managers on their Responsibilities for Workplace Safety & Health

14


Examples of Governance Structures?

15

PLC, Multinational, Large Company,

Council; Shareholders

Board Of DirectorsChairman

CEOSecretary

Department HeadsManagersSupervisorsAnd so on

Large LimitedCompany’s to

SMEs;CEO/ Chairman

DirectorsManagers EngineersSupervisorsForeman

Charge Hands

Small, FamilyBusiness/s;Owner, Spouse,FamilyGeneral Manager SupervisorForemanCharge Hands


What are the Health & Safety Authority saying?

2007 Guidance for Directors & Managers;• ‘Aimed at Executive & Non Exec Directors…Board Chairmen,

Board Members, Senior Managers & any other Manager responsible for directing workers while at work & work activity’,

• Includes Officers, Advisers, • AIM; protect employees, others, customers & the public by proper

management & good Corporate Governance.

16


2005 Safety Health & Welfare at Work ActThe 2005 Act places responsibility directly on those in charge of the

workplace;• You must take account of safety, health & welfare of all those

affected by your work, your decisions, • Section 80 allows prosecution if you authorised or consented to an act that through connivance or neglect led to an offence- ignoring a safety/ health issue could constitute ‘neglect’.

17


Wall collapse kills 2- 2013

• Wall constructed in 2010• Sean Mulleady & Paddy Gaffney died• CRIMINAL CASE; Vincent Ruane Construction Limited fined €250,000• Civil Case- Simon Beale, Architect, held responsible for 20% of the €750k civil payment to Sean Mulledys wife

18


Kilsaran Concrete- 2011

• 2016 = €125K fine• 2017; Increased fine to €1million by Court Of Appeal• 28 year old Barry Gargan was crushed by a lifting arm in

2011, when he worked within the safety cage.• Judge said; “deliberate overriding of safety features” &

“reckless disregard for safety in the pursuit of profit”

19


Kilsaran Concrete- 2014

• November 10th 2017= €125K fine at Trim Court• Employee lost 4 fingers at same machine as worker killed in

2011• An investigation from the Health and Safety Authority found

that there was no safe system of work in place to clean the machine involved in the accident.

20


So who is in charge in your business?

21

LARGE SITE;PM, Engineer,

RE, Safety Officer,Foreman,Finishing Foreman

Shareholders,The Board of Directors,Chairman,

CEO

SMALL SITE;Owner,

Contractors

COMPANY;Safety Director,

General Manager,Project Manager, Senior Engineer,Safety Manager


What are your responsibilities?

• Will vary according to your level of responsibility, authority, assumed

• Your level of responsibility is likely to determine your culpability should you be found guilty of an offence under the Act• KNOW YOUR RESPONSIBILITIES

22


2012 Tree Felling Death

• 2012- worker dies when hit by falling telecom Pole• Tree feller used JCB to support a tree he was cutting. This fell, onto cable, which caused pole to fall.• 2016- Cork County Council fined €80,000• 2017- Family received €810,000

23


Technical Engineering & Tooling Services-2006 fatality

Company Directors sentenced over work death• Employee working on a milling machine in Mullingar• A Part failed causing a drill bit to fly out and strike him in the head• Judge said there was “woeful failure” on behalf of the defendants to learn

from a previous accident• There was no inspection or supervision at the plant• Judge stated the company’s behaviour and safety standards were

“Victorian”, he also said “you shouldn’t go to work and fail to come home.”

• Company fined €50k BUT• 3 DIRECTORS GIVEN 1 YEAR JAIL SENTENCE EACH, suspended

24


Corporate GovernanceSo what is it?• Proper Safety Management • What’s involved?

Keep it simple;

25

Safety Statement (should set out responsibilities of Management)Risk Assessment‐ adequate?Safe Operating Procedures/ SoPsUPDATE, UPDATE, UPDATE

TRAINING; Management LevelInductionsSafe Operating proceduresBASICManual HandlingFirst AidEquipment& so on;REPEAT, REPEAT, REPEAT


Corporate Governance• Where is Safety on the Management Agenda?• Is it discussed at every Board or Management meeting?• Have you proof of this?• Have you a dedicated link between Top level & Ground?• Is it mentioned on your Annual report?• Have you established/ set annual objectives?

26


Safety Management System

• Prevention • Prevention• Prevention

27

Prepare+

Practice

Review


Corporate GovernanceOHSAS 18001 Safe T Cert

28

CONTINUAL IMPROVEMENT IN OHS PERFORMANCE

POLICYMONITOR

OBJECTIVESREVIEW

PROGRAMME

Assess Risks

Legal & Otherrequirements

IdentifyHazards

ControlMeasures

Tolerableor

Intolerable

EliminateRisk

ResidualRisk

Corrective &Preventitive

Action

INTERNAL AUDIT


Corporate Governance

• Familiar with Company Safety Statement• Personal Behaviour• Adequate Safety Training and Instruction• Aware of actions to be taken in case of Emergency• Housekeeping• Accident Reporting & Investigation• Safety Representation• Correct fitting and adjusting of devices• PPE supplied and worn• Control of contractors working on our premises

29


Finally: SAFETY LEADERSHIP?

30


Thank You FOR YOUR ATTENDANCE

AND PARTICIPATION

Conclusions &Questions?

Kieran Linehan, CFIOSH, MSc

PRESENTED BY; Kieran Linehan, CFIOSH,...

Documents

Transcript of PRESENTED BY; Kieran Linehan, CFIOSH,...