STANDARDS & REGULATIONS
THE BUCK STOPS WITH YOU As HSE prosecutions of directors reach a five-year high, Stuart Taylor of Mentor
Training explains who is most at risk and how they can reduce the chances of it happening to them.
Last year, the Health and Safety Executive brought in new legislation that toughened up the penalties for health and safety and corporate manslaughter offenses. It was a long time coming as fines and penalties had become fairly stable and predictable over the last few decades and it was very clear that some companies weren’t taking health and safety as seriously as they should.
It’s hardly surprising as, when it’s clear you can ‘get away’ or cut corners around a few things, some will push the rules as far as they can.
HSE prosecutions of high-level directors reached a five-year high in 2016 with 46 taken to court (a 50% rise on the previous year). With a very successful prosecution rate (73%), the HSE is sending a clear message to those overlooking their responsibilities that negligence won’t be tolerated and comes at a very high cost for individuals and companies alike. As well as damaged reputations and poor staff morale, there are uncapped fines and imprisonment to contend with, too.
For example, the director of metalworks was convicted of gross negligence and manslaughter after a five-tonne guillotine he was helping to move with a forklift toppled over and crushed a worker. A production company contracted to work on the film Star Wars Episode VII: The Force
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Awakens was fined £1.7m following an accident where Harrison Ford was hit by a steel prop door and broke his leg. Merlin Entertainment, the operator for Alton Towers, was hit with the largest fine awarded by the HSE to date, when it was fined £5m following last year’s rollercoaster crash. The list goes on...
These tougher penalties could now see large companies fined more than £20m for a serious breach of the rules.
In fact, fines are up 43% compared to the same period last year. But the greatest impact of these changes are being felt by medium-sized companies (turnover of £10m–£50m), where these fines remove a higher proportion of company turnover than other groups.
It should be noted that, under common law, a charge of gross negligence manslaughter can result in a maximum sentence of life imprisonment as well as an uncapped fine. This means that if workers are killed in an accident that could have been prevented easily though due care or proper training, then manslaughter charges will rest on the head of those deemed ultimately responsible.
In a perfect world, it wouldn’t take the threat of large fines and imprisonment to convince those with a duty of care to commit to a workforce’s safety. Unfortunately, that’s not the case. But, be warned: ignorance is not an excuse. Even if a company is arranged
in such a way that the director or directors are kept in the dark as to any circumstances that would — under law — be theirs to address, they will still be liable for the fallout from any resulting accidents, because, ultimately, the buck stops with them.
“UNDERSTANDING HOW TO PREVENT ACCIDENTS IS FUNDAMENTAL.”
Understanding how to prevent accidents is fundamental to a safer working environment. In materials handling, it’s not just drivers and operators who need to know this and recognise the risk. Anyone whose work brings them into close proximity of lift trucks should be aware of the hazards associated with them and know how best to avoid them. That means drivers, warehouse staff, administrators, managers, directors, visitors — everyone.
When everyone knows their roles in contributing to site safety, from living it to enforcing it, that’s when we’ll start to see a real difference.
www.mentortraining.co.uk www.tomorrowshs.com
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