FEATURE SAFETY INSIGHT Louise Hosking,Char tered Safety & Health Practitioner and Director at
Hosking Associates Ltd takes a look what lies ahead for the industry this year and beyond.
2018 was a busy year with the long-awaited publication of ISO45001:2018 providing a model for Occupational Safety & Health (OSH) standards which aligns with other quality standards and associated guidance being issued.
We also saw new requirements for those supplying Personal Protective Equipment. There were changes to Ionising Radiation requirements and an approved code of practice L121 to accompany this. We also had changes in gas regulations and worker compensation law. A bill to regulate the provision of carbon monoxide detection was withdrawn and we got GDPR.
As the level of fines grabbed headlines there were a number of appeals which made their way into case law. In particular, organisations have successfully appealed against some fines and in the case of HSE V Shrewsbury and Telford NHS Trust [2018] the judge halved the fine for the public body because it would have placed the trust in substantial financial difficulties, whilst making the comment they should remain accountable.
So, where are we going in 2019 and beyond?
At the end of 2018, the sentencing guidelines for Gross Negligence Manslaughter were published. The aim of the change was to improve consistency but with this has come a significant increase in the severity of sentences. In the event of death, the new guidelines mean it will be much more likely decision makers will be handed prison sentences where it is shown their actions or inactions contributed to the fatality.
We are in an age where our decision-making leaves a trail of digital breadcrumbs, and recent case law has seen restrictions placed on legal privilege in OSH cases for the purposes of reaching the root cause. There really is nowhere to hide if you decide to compromise your standards. If leaders make future decisions on the basis of ‘saving’ money the consequences are going to be much more severe than they ever have been. My prediction is we will start seeing more directors, managers, and decision makers jailed.
The recommendations made by Judith Hackitt within her 2018 report will have a far-reaching change to the way we manage not just residential property but also commercial property. Those of us involved in property management know and think we understand responsibilities, but her report said it is too complicated with no-one taking overall responsibility. I have personally seen a growing reliance on a ‘checklist’ approach to managing risk rather than proper risk
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assessment with the thought this saves time and therefore money.
In 2019 and beyond, property owners and managers will need to increase their budgets to manage safety so their stakeholders, contractors, tenants, visitors and those who use or pass by their buildings are protected.
The same goes for design. As someone very involved in property management, I still see new buildings handed over with poor access for maintenance, water services organised without considering legionella risks or systems which rely on elaborate processes to clean them. In the future, aesthetics cannot be given a higher priority than safety. More planning and checks will be expected, and I believe Judith Hackitt will be fighting for each one of her recommendations to be implemented in as short a period as possible.
Then we have Britain’s exit from Europe. Brexit is taking time and resources in government and business away from other priorities, away from OSH. Where safety may have once been a top priority in business, protecting supply chains means focus shifts to keep things moving. As we open up the opportunities to trade with nations outside the EU do we know the standards of the goods we will be importing? There is no ban on the use of asbestos in America as an example. Could we be at potential risk of importing goods which have been manufactured with asbestos as a component?
In 2018 the BMJ published an article which raised concerns after finding the number of workplace carcinogens increased from 28 in 2004 to 47 in 2017. As we introduce new technology will we encounter hazards from future technology we have not considered? This is especially important when considering fumes, dust or substances we can absorb through the skin.
With the growth of the gig economy and a desire to achieve better work-life balance, the health agenda will become an even greater focus. Finely tuned soft skills, increased emotional intelligence, and mentally agile management will be needed to navigate this changing world of work.
I am feeling positive about future OSH. A sea change is coming where organisations will be more focused than ever before on their reputation and moral standing to attract then retain the brightest talent, remaining in the headlines for the right reasons.
www.hosking-associates.com
www.tomorrowshs.com
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