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HSE expectations: Safety concepts and triggers

Who should attend

Directors, office / facilities managers, in-house lawyers, HR, health and safety and OH professionals will all benefit from attendance.

Synopsis

How do you satisfy yourself that safety is being managed properly in your organisation? How do you assess whether the audit reports tell you the full picture? Terms like ‘reasonable practicability’ and ‘foreseeable’ risk are frequently referred to in health and safety legislation, case-law and compliance advice. But, clear definitions of these terms are hard to find and even harder to apply in practice.

Safety professionals are, therefore, left alone to interpret what is required to achieve legal compliance, and what good safety management looks like.

Drawing on the expertise of a former HSE inspector and experienced lawyers, this briefing provides insight into what the HSE really expects of you and your organisation ‘in practice’. What triggers the decision to prosecute, and can you ever feel that you have done enough?

Programme

9.00am registration and coffee, 9.30am start

Key prosecution principles

  • liability for those whose act or fault caused the employer to commit the offence
  • individual liability: how employees can be personally investigated by the police / HSE
  • reverse burden of proof: what does the organisation have to show to defend itself?
  • concept of reasonable practicability: what steps does the business really have to take to comply with the law?

What is a good safety management system?

  • too much paper, not enough practice
  • the risks of aspirational safety statements
  • senior management visibility: what is expected?

Is the safety management system working?

  • audits vs compliance review
  • unannounced checks
  • monitoring near misses and minor incidents
  • effective investigations

How does the HSE decide when, and who, to prosecute?

  • deciding who to prosecute
  • what moves an investigation into a prosecution
  • how are consistent decisions reached?
  • the role of the enforcement policy statement
  • who in the HSE makes the decision and what does the Regulator hope to achieve?

Getting your response right

  • after an incident: the concept of ‘the golden hour’
  • how does the process work and can you influence the outcome?
  • involving lawyers: the dos and don’ts

13.00 close, followed by lunch

Download the full HSE expectations in practice - safety concepts and triggers training course programme

Speakers

Elizabeth Hyde
Principal Associate, Solicitor-Advocate, 
Health, Safety and Environment
Elizabeth specialises in defending organisations subject to corporate manslaughter and health and safety criminal investigations and safety compliance reviews for organisations.

David Shorrock
Consultant
Kevin advised a FTSE 100 plc following a work related driving fatality that led to the organisation being investigated for the offence of corporate manslaughter.

Paul Verrico
Partner, Solicitor-Advocate,
Health, Safety and Environment
Described in Chambers as a ‘leading light’ in health and safety, Paul is acting on a number of high-profile prosecutions following fatal incidents. He has a wealth of experience of the court process.

 

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