Birmingham Health, Safety & Environment Association. Sharing Learning Improving Newsletter

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1 June 2016 Does it look good? Is it safe? Members Corner Main presentation Members Questions / Requests Toolbox Poster / Cartoon Sharing Learning Improving Newsletter News / Stop Press: Harry Jakeman In Memoriam SHAD Events Next meeting: 12 th September k Birds & Rodents The Risks Meet Maggie the Harris Hawk David Warren, NBC Bird & Pest Solutions Legal Update David Egan, Partner DWF LLP, Birmingham (Health, Safety and Environment Specialist) BHSEA website down - reported by several members - now resolved BHSEA 2016/17 membership renewal BHSEA Website request For further information: Liz Prophett Tel: ; secretary@bhsea.org.uk

2 13 th June guest(s) and new member(s) A special welcome to: Paul Woodward, new representative for member EEF Simon O Donnell, Simian Risk Management

Harry Jakeman- In Memoriam 28 June 1927 8 May 2016 It is with great sadness that we report the death of Harry Jakeman, a long time Association member and stalwart.

3 Harry Jakeman- In Memoriam 28 June May 2016 It is with great sadness that we report the death of Harry Jakeman, a long time Association member and stalwart. Harry joined the Association in 1950 and served with distinction on Council, the Management Committee and Construction section before retiring from the Association in years of continuous support and service! He held high office on a number of occasions: Construction Section Chairman Association Chairman Association Chairman for a second period unprecedented at that time. Harry did so much for the Association and his passion and enthusiasm rubbed off on others. He also played a significant role on the Management Committee of the National Health and Safety Group (later Safety Groups UK) and always took a leading role in the Annual RoSPA Safety Exhibition at the NEC. He will be fondly remembered by so many. It had been agreed to have an annual Harry Jakeman Presentation

4 What is good or not good? What would you look for? What questions would you ask? See next slide for comments

2016-06 Steps provided! Danger if person were to stand on top step? Distance between steps is greater than normal & not uniform?

5 Steps provided! Danger if person were to stand on top step? Distance between steps is greater than normal & not uniform? To achieve high standards of safety requires use of indicators in this case the steps & to ask: Who? When? Where? Why? (5 Why) etc. This helps to identify tasks & risk situations which have not been assessed for safety & to drive improvement.

6 Birds & Rodents The Risks David Warren, NBC Bird & Pest Solutions David s presentation / slides on BHSEA website NBC website case studies etc

7 Members Corner - Reminder Do you have something good or interesting to share? Please don t keep it to yourself since others could learn from it! Contact Liz Prophett: to arrange a 10 minute slot at a BHSEA meeting / event, or to discuss an idea before committing yourself. You could talk about / present: the hazards and how HSE is managed in your company a recent improvement programme / project photos before and after a training package you have developed & / or delivered a tool, technique or form you have developed or used Your talk is also likely to enhance your professional development (CPD) If you wish we can help prepare your presentation eg using PowerPoint By sharing your experience you will be helping others and BHSEA

8 Legal Update David Egan and Simon Naylor of DWF LLP The new Health and Safety and Corporate Manslaughter Sentencing Guidelines were introduced four months ago and companies are now facing the possibility of multi-million pound fines for health and safety breaches, even in cases not involving fatalities. Consequently, companies are advised to give even greater priority to risk and crisis management in order to minimise liability. Systems and processes with suitable and sufficient risk assessments will demonstrate to the Court that the company has done everything that is reasonably practicable. David outlined the typical offences and fines that were now being imposed, in contrast to those awarded prior to the new Guidelines (see presentation slides). As an example, for a health and safety offence which resulted in death, the recommended starting point was 100,000 pre- Guidelines. A medium sized company (with a turnover between million) would now be looking at a starting point of 4 million, depending on the level of culpability. In the last four months, 10 million of fines have been imposed, with a multiplier effect when sanctioning major corporations. This money goes direct to the Treasury. The Courts are now looking at the risk of harm and not just actual harm. There have been significant increases in the number and severity of fines for incidents that caused little or no harm to workers. A substantial investment in Health and Safety by companies could be seen as money well spent if it helps to avoid that appearance in Court, the huge fines and the reputational costs. The level of fines could now put companies out of business, with the consequent loss of jobs. There is judicial recognition that some companies will deserve to go out of business and this will be reflected in the level of the fine. However, judges will mostly wish to hurt the directors and shareholders rather than the employees. Slides on BHSEA website continued

9 Legal Update continued Crucially, fines are being based upon a company s turnover and not profit. The consequences for large corporations, with multiple sites, could therefore be severe. It should be noted that the Judge/Court has the discretion to impose much larger fines than those indicated in the Guidelines. David advised that it typically takes about three years for a case to come to Court. The heavy fines recently imposed have applied to cases which have been tried since the Guidelines were introduced, although the offences were committed before their introduction. A member asked what would happen if there were any other offences committed after the one being investigated. David confirmed that the HSE would look very carefully when coming out to site after an incident and any other breaches could result in an Improvement or Prohibition Notice, all of which would harm the company s defence when the case came to Court. A member asked whether the new Guidelines would apply to foreign companies based within the UK. David confirmed that they would. The case would be tried under UK law and the fine could reflect the resources of the whole operation eg a global turnover of 500 million could be used when calculating the fine. How Should Companies Prepare and Protect Themselves Undertake specific risk assessments and ensure they are fully and correctly completed. Have a robust Crisis Management plan in place for dealing with a fatality - to include a method for informing employees and PR capability to handle the media immediately following the incident. Have accountability at board level for the risk management system. Produce financial plans which consider the level of reserve and EL/PL insurance premium implications. Contain risk. Larger group companies may need to consider operational independence to limit the turnover that could be referred to when sentencing. Final Comment The most important priority is, of course, to protect the people.

10 Members Questions / Requests Do you have a question, concern or request? perhaps something you are working on or something on your to do list; or a question / issue from a manager, employee, supplier, contractor or customer; maybe something you have always wanted to know or ask, or simply to get something off you chest that has been bothering you. We can help! either via BHSEA members or one of our many contacts including the HSE What to do if possible send an to Liz Prophett (BHSEA Secretary), or raise your question, concern or request at a monthly meeting. What we will do forward your question etc to our Council members (experienced practitioners), or contact someone we think can help, and raise the question etc at the next monthly BHSEA meeting, and post the answer in the next Newsletter. By raising / sharing questions etc in this way we hope everyone can benefit

2016-06 Performance Standard - Example Aim Key Principles / Processes Expected features Other

11 Performance Standard - Example Aim Key Principles / Processes Expected features Other possible topics: Managing Contractors Powered Industrial Trucks Machinery Safety Safe Systems of Work

Previous Toolbox Items BHSEA 2016-05 Leadership: Asking questions driving improvement General questions

Who communicates the standards? & how? Who measures the standards? & how? Who maintains the standards?

Who reviews the standards? & how? Questions for any employee / any task How do you do this work / task?

How do you know that the outcome is free of defects? What do you do if you have a problem?

12 Previous Toolbox Items BHSEA Leadership: Asking questions driving improvement General questions for plant, department, area or cell - good or poor Who sets the standards? & how? Who communicates the standards? & how? Who measures the standards? & how? Who maintains the standards? how? Who improves the standards? & how? Who reviews the standards? & how? Questions for any employee / any task How do you do this work / task? How do you know you are doing this work correctly & safely? How do you know that the outcome is free of defects? What do you do if you have a problem? Questions for specific situations - good, poor or not known Why.? ( Ask why 5 times) How.? What.? When.? How often.? Who.? A questioning yet supportive approach helps get people to take ownership & engage them in improvement thoughts and activities

13 HSE Health and Safety Law Poster

14 News / Stop Press Item(s) Website Council and Management have agreed the need to update the current BHSEA website. Lee Dargue Management member asked members who may have relevant IT experience which could be useful to come forward and volunteer their knowledge and expertise. Any members wishing to assist should contact Liz Prophett (secretary@bhsea.org.uk). SHAD Events: see next slide / page BHSEA 2016/17 membership renewal / reminder Invoices have been sent out Prompt payment would be very much appreciated With a philosophy of simple visual practical and a new style of monthly event with something for everyone, surely the best value around

WWT SHAD Events (Working Well Together Safety & Health Awareness Days) Recent Event: 26 April 2016 Good Health is Good Business Presentation slides on BHSEA website Forthcoming Events: 6 July 2016

15 WWT SHAD Events (Working Well Together Safety & Health Awareness Days) Recent Event: 26 April 2016 Good Health is Good Business Presentation slides on BHSEA website Forthcoming Events: 6 July 2016 Plant Safety Broadstreet Rugby Club, Coventry 8.00 Start. Close June early July 2016 Asbestos Awareness Sessions Various venues across the West Midlands. Two sessions per day (am and pm), lasting approx 3½ hours For more information and how to book any of the above

16 Next event Hazard Spotting Members Corner Main Presentation Members Questions / Requests Toolbox Poster / Cartoon News / Stop Press Next meeting Sharing Learning Improving 12 th September pm for 2.00pm 3.45pm (ish) National Metalforming Centre - B70 6PY (1 min from M5 j1) Everyone welcome Stress cases / claims Louise Mansfield, Pinsent Masons Taking the Stress out of Mental Health Lee Dargue Siemens Rail Automation Holdings If possible please confirm your attendance by contacting Liz Prophett Tel: ; secretary@bhsea.org.uk

17 NMC Location & Parking

Newsletter. Harry Jakeman Memorial Event Sharing Learning Improving

Newsletter. Harry Jakeman Memorial Event Sharing Learning Improving March 2017 Birmingham Health, Safety & Environment Association MARCH www.bhsea.org.u 2017 k Hazard Spotting Members Corner Main presentation Other presentation(s) Toolbox Poster / Cartoon Members questions