Health & Safety Risk Management “CARING”
The professional advice and recommendations within this advisory is intended to assist you along the way and allow you every opportunity not only to conform but prosper and continue to add value to your Organisation.
The first fact that I would like to emphasis is that Health & Safety Risk Management is not about bureaucracy nor ticking boxes but “caring” and maximising your assets.By this I mean caring about your employees, premises, stakeholders, intellectual property, shareholders and the business in general.
These are your assets, both tangible and non-tangible and they are all “high value”. They contribute directly to the success of your business. If you lose sight of the value of your assets along the way, the likelihood is that your business will lose direction, stagnate and even flounder. Even worse and for some, failure will become a reality!
At Winter & Company, we recognise that pro-active Health & Safety Risk Management “caring” is not an option but an essential business management tool designed to allow you every opportunity to not only survive, but continue to thrive and succeed.
After all, even in the most turbulent of times, you always hear of “those Organisations” that buck the trend. These are the very same Organisations with a firm strategic plan and commitment to risk management, who understand their asset base and pro-actively manage the same, with often staggering if not envious results.
Having identified the strategic case for Risk Management “caring” above, it is now time to consider the legal perspective.
Why Risk Assessment?
Because you have a “duty of care” to ensure as far as reasonably practicable your employees, visitors and contractors Health, Safety & Welfare at all times. The purpose of the Risk Assessment process is to ensure that no harm occurs. In other words all reasonably foreseeable hazards are identified and measures are put in place to either eliminate the hazard or control the hazard to the best possible extent.
What is an Audit?
An Audit is a process that allows us to measure Organisations compliance to Health & Safety Legislation and the effectiveness of the current Risk Assessment process, Policies and Procedures, including an Organisations internal Rules & Regulations.
In addition, the Audit will also identify any new hazards in the workplace and incorporate the requirements of new and amended Legislation that has occurred since the date of the original Risk Assessments.
Because you have an absolute legal duty to monitor, maintain and review all matters and arrangements of Health & Safety. By adhering to the Audit requirement and process an Organisation will be able to demonstrate that Health & Safety is pro-actively managed in accordance with Legislative, Insurers and Fire Department requirements.
- The Health & Safety at Work etc Act 1974
- The Management of Health & Safety at Work Regulations 1999.
- The Regulatory Reform (Fire Safety) Order 2005.
- Legal Precedent: A ruling made in court which then influences future cases involving similar issues.
Consequences of Non-Conformity:
Health & Safety Legislation unlike conventional English Law, assumes you are guilty until proven innocent. In other words, the burden of proof lies with the Defendant to prove his/her innocence.
Fines & Imprisonment:
As a consequence of new Legislation, namely The Health and Safety (Offences) Act 2008, imprisonment and fines of up to £20,000 may now be imposed upon an individual employee regardless of rank or position. This serves to demonstrate that ownership of Health & Safety is now every one’s responsibility and acts as a warning to ensure ongoing maintenance and management of all H & S matters.
Breaching Employers’ Liability (Compulsory Insurance) Act 1969:
In the event of a claim and if an Organisation has failed to suitably maintain their Health, Safety & Welfare, the insurer may legally pursue the employer for recovery of compensation (the claim) in addition to recovering legal costs.
Breaching Leasehold Covenants:
If you rent or lease premises, you will have a duty and responsibility to effect and maintain matters of Health & Safety relative to your demise. In addition you have a duty of care to ensure that as far as reasonably practicable that your Landlord maintains all building services under his/her control.
The Process “How Do We Get Caught”:
- Random Health & Safety Inspection by your local Environmental Health Dept.
- Periodic Fire Department Safety Inspection.
- Inspection by Health & Safety Enforcement Officer.
- An Employee reporting his/her Organisation on-line and anonymously for non-compliance.
- Reporting an Accident/Incident in accordance with RIDDOR.
- As a consequence of a Civil claim for compensation arising from an Injury.
- Road Traffic Accident whilst Driving on Business.
Overall Consequences of Non-Conformity:
- Fines and/or Imprisonment
- Criminal Record
- Loss of Reputation
- High Turnover of Staff
- Low Staff Morale
- High Levels of Absenteeism
- Decreased Productivity
- Reduction in Profits
- Loss of Business
- Increased Insurance Premiums
Overall Consequences of Conformity:
- Employee Loyalty
- Higher levels of Productivity
- Increased Profitability
- Enhanced Reputation
- High Moral and motivation
- Adding Value
- Reduction in Absenteeism
- Increased Client Loyalty
- Competing with Confidence for Public Sector and Private Business Contracts
- Substantially Reduced Insurance Premiums
Why are you Vulnerable?
Because if you are like any other human being, you believe that accidents only happen to other people and, of course, you occupy a low risk environment.
So just take a look at your areas of vulnerability below
Your Areas of Vulnerability:
- Slips, Trips & Falls: Fractures, sprain and strains
- Manual Handling: Lower back injuries
- Working at Height: Permanent disability
- Workstation Safety: Repetitive Strain Injuries and Work Related Upper Limb Disorders
- Fire & Electrical: Loss of Business and Premises
- Driving on Business: Road Traffic Accidents
- Contractors: Vicarious Liability.
At Winter & Company we provide a range of Key services and health and safety training courses, take a look at our up and coming courses here
WINTER & COMPANY:
Looking After You, Protecting People, Business and Property