FEATURE
WHAT ARE YOUR FAILINGS?
This issue, in his regular column, Richard Evens, Commercial Training Director at St John Ambulance, looks at the latest health and safety failings of senior managers.
Recent figures made public by the Health and Safety Executive (HSE) showed that the number of directors and senior managers prosecuted for health and safety failings has rocketed by over 400% in the last five years.
The numbers, released in response to a Freedom of Information (FOI) request in October last year, revealed prosecutions of individual directors over the last 12 years. They showed 43 directors, senior managers and company secretaries were prosecuted in 2010/11, the highest since 1999/2000. Seven of these faced charges as a result of an investigation following a fatal incident; 15 were prosecuted for offences where there was a non fatal incident; and 21 resulted from an investigation where an incident was yet to occur but there were obvious health and safety failings. Whilst these unofficial figures are surprising, they are perhaps to be expected,
given that contrary to the trend over the last decade the number of recorded workplace deaths increased in 2011 to 171 and there were over 200,000 reportable injuries in the workplace between 2010 and 2011.
Often we expect senior members of staff to set an example for fellow employees, whilst also making sure they are protected by suitable health and safety provisions. So how can we make the lives of senior managers and directors easier and work with them to become more health and safety compliant?
Firstly, helping them assess potential risks is key. Surprisingly 15% of businesses have never carried out a risk assessment, yet undertaking this simple task could help senior managers and directors to navigate the relevant health and safety considerations effectively. A risk assessment will reveal potential dangers such as natural, human or technological hazards, which in turn can then be addressed before an incident occurs.
Creating an understanding of the law is vital. All employers, regardless of business size, have a legal obligation under The Health and Safety (First- Aid) Regulations 1981 to protect their employees and anyone on their premises. Employers can visit the HSE website to view an Approved Code of Practice (ACoP) table offering guidance on complying with first aid duties. And while specific requirements vary depending on the nature of the business, all employers face the ‘six pack’ of regulation under The Health and Safety at Work Act:
1. Display screen equipment and workstations must be comfortable and easy to use. Simple adjustments should be made to equipment where necessary to ensure the safety of the user.
2. Manual handling operations must include a risk assessment of manual handing tasks and should avoid hazardous operations.
3. Employers must provide adequate personal protective equipment, selecting the appropriate equipment for the task.
To help companies understand these requirements and learn how to address them, St John Ambulance provides a range of courses which include advice on risk assessments, first aid and health and safety equipment:
www.sja.org.uk/training or call 0844 324 5535.
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4. There should be tight controls in place for the control of any hazardous chemicals
5. An environment must be deemed safe for work, in line with the workplace health, safety and welfare regulations, which outline facilities that should be provided.
6. Every employer has a duty to undertake preventive and protective measures in their workplace, under the health and safety at work regulations.
The assumed complexity of protocols and legal obligations can mean safety management is seen as too difficult to be an immediate priority. But if businesses don’t properly manage safety the HSE’s figures show not only could senior individuals be prosecuted but staff members can be fatally harmed. This could result in a number of damaging scenarios including: a prison sentence in line with the Corporate Manslaughter Act; premises deemed unsafe by the HSE; severe financial penalties; and negative press coverage.
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