IOSH EDINBURGH BRANCH
Minutes of 199 Edinburgh Branch Meeting
Merchiston Campus, Napier University, Edinburgh – Thursday 12 February 2009 – 1:30pm
Sederunt:
A Sharman H Pearson R Wilson K Lloyd R McLean S Wilson B Cox
M Johnstone H Struthers S Chaffey E McHugh M Bancroft P Graham A Linton
M Whitham S Fabre V Stewart B Gippent D Sinclair R Walker P Keogh
A Chalmers M Sinclair J Brannigan M Hanson J Hepburn D McCormack K Tesh
K Breem M Cronston S Boucher A Diment K Drum R Brownlee R Hall
E Ronald F Johnstone M Richards G Forsyth A Bell B Johnston S Curran
J Battles P Brown S Holland D Ward S Waddell B Howden J Lamb
N McLeod J Peoples R Lovering L Young B Anderson C Lawson
Apologies:
Ali McLeod, Karen McDonnell, Graeme Lyall, Angela Ferguson, Eleanor Scott, Rob Goldie, H. Ross Innes, Scott Page, Mike Dunne
Andrew Sharman took the Chair and outlined the safety arrangements (Fire) and reminded the audience to switch off their mobiles. Andrew informed the group that this was our 199th meeting, only 1 away from our 200th meeting in March 2009. Special things are planned for that meeting.
Anyone not in receipt please email Secretary; pearson@mabbett.com
Proposed by – Max Bancroft; Seconded by – Jim Hepburn
Apology from A McNeil not noted in last months minutes.
Andrew Sharman explained that the Groups allow members to get together and share expertise in certain fields. A Group review is still being worked on by IOSH HQ. More information will be given to members as it comes in.
Forth & Tay District: Nothing to Report
Fire Risk Management Group are holding an event on 22 April 2009 Lomond Suite, Hampden Park,
Glasgow (time to be announced) dealing with Part 3 of the Fire (Scotland) Act
2005 (as amended) and Fire Safety (Scotland) Regulations 2006 including
workshops & lunch.
Approx costs: £55 IOSH Members & £65 non – members. Please contact Paul
Graham for further information: paul.graham55@o2.co.uk
•
Event at Westminster
Title: Past the Performance Plateau: A New Strategy for Health and Safety
Date: Tuesday, 17th March 2009
Time: 10.40am – 2.00pm
For further details please contact Secretary pearson@mabbett.com
• Wednesday April 29th 2009, Central London, 09:30 - 14:00 (half day) Health at Work: Working for a Healthier Tomorrow, Today http://insidegovernment.msgfocus.com/c/12F44swhMuwH8ZCO
•
Wednesday 18 February 2009
Aiming High –Landing Safely,
A Major Seminar on Health and Safety, Glasgow City Chambers for organisations /
individuals interested in becoming involved with the Commonwealth Games –
construction based. The event is FREE. For booking form please contact
secretary: pearson@mabbett.com
•
Thursday 12 March 2009 (half day) in London:
Flexible Working: In Search of a Work-Life Balance
http://insidegovernment.msgfocus.com/c/12O6A1CYCNj8wBG5. For further
information please contact secretary: pearson@mabbett.com
• The Risk Factory are looking for a construction specialist to review the construction scenario. Suitable individual required who could undertake this on a voluntary basis. Please contact secretary; pearson@mabbett.com
• MClure Naismith CPD seminars: Thursday 5th March 2009. Glasgow Office at 292 St Vincent Street: 12.30 pm for 1.00 pm. Speaker will be Dr Cherrie from the Institute of Occupational Medicine dealing with the topic of occupational cancers. Please contact Suzanne McGarrigle 0131 272 8339 for further information.
Edinburgh Office at 3 Ponton Street: 4.45 pm for 5pm. Main speaker is Dr Crompton, an experienced Chest Physician. He will be speaking about assessing occupationally related chest diseases and issues arising from that in litigation.
Please contact Suzanne McGarrigle 0131 272 8339 for further information.
• NEBOSH Diploma by Block Release Stevenson College
Units A & D Commencing February 2009
Block 1 23 – 27 February
Block 2 20 – 24 April
Block 3 1 – 5 June
Price £1750 per student (can be paid in instalments)
Further information available from: www.sceenterprise.com
Email: mmcguckin@stevenson.ac.uk,
Tel: 0131 535 4800
• CPD/IPD WORKSHOPS Wednesday 11th March
Library meeting room, Hugh Robson Building, George Square, Edinburgh, EH8 9XD, Map available from http://www.ed.ac.uk/maps/buildings/hugh-robson-building
the sessions are
9.30-10.30 - IPD
11-12 - CPD
1-2pm - IPD
2.30-3.30 – CPD
PLEASE SELECT THE WORKSHOP(S) YOU WISH TO ATTEND AND SEND TO MAX BANCROFT AT maxbancroft@blueyonder.co.uk. NUMBERS ARE LIMITED AND WILL BE ON A FIRST COME BASIS.
There is on-street parking (metered) in George Square, but the public transport links are very good- buses via George IV Bridge and South Clerk Street are all a short walk and the train station is a 10 minute walk away.
•
DLA Piper Event Glasgow - You’re Fired Fined!- The Health
& Safety Minefield,
Tuesday 10 March 2009 | 2.00pm - 5.30pm
For further information please refer to www.dlapiper.com/structure.
DLA Piper’s Safety, Health and Environment team invite you to sit on the jury at its mock health & safety prosecution trial. Will your verdict match that of the Sheriff? Following delivery of the Sheriff’s verdict, jurors will be rewarded for their service with wine and canapés and an opportunity to discuss recent developments in Health and Safety law and practice. The Health & Safety Minefield This year’s Mock Trial will highlight the increasingly intense Regulatory Minefield which is health & safety law. The scenario will be “played out” in the course of the seminar; from the actual accident, through the HSE investigation stage, the client’s considerations of legal advice, the liaison with the Procurator Fiscal and the trial itself. This event is intended to provide attendees with key pieces of knowledge to add to their “kitbag” in order that they are well armed in the event of an unfortunate health & safety incident. Our scenario will involve a number of lawyers from our Scottish offices acting out events (e.g. the interview and the trial) and providing short briefings on key lessons.
For further information please contact the secretary: pearson@mabbett.com
• AGM is coming up in May and members are invited to stand for posts. Forms will be appearing on the website - www.oocities.org/ediniosh to download this week.
Construction company based in Auchterarder are looking for a part time Health and Safety Officer. Although based in Auchterarder, contracts are all over Scotland. The type of person needed is someone who can visit sites as and when required, produce Construction Phase Health and Safety Plans, Risk Assessments, COSHH etc and also provide toolbox talks. Please see secretary pearson@mabbett,com for more details.
Health and Safety Advisor, Estates Services, £30,135 – £33,837 Carnegie College, Dunfermline. Closing date: 13 March 2009. www.carnegiecollege.ac.uk/vacancies
Working as part of the Estates Services team, you’ll be responsible for the development and implementation of health and safety policies and procedures to ensure that we comply with all relevant health and safety legislation and good practice. You’ll provide health and safety advice and guidance, monitor and audit duties, identify training needs, undertake accident investigations and prepare regular reports. You must be educated to NEBOSH Diploma, Degree or equivalent, together with Corporate Membership of IOSH, or equivalent. You should have experience in a health and safety role within a large/diverse organisation, preferably with knowledge in engineering, construction or science. Excellent oral and written communication and good interpersonal skills are essential. Experience of the implementation of safety management systems in the education sector and knowledge of environmental management and issues are desirable. Further information and application forms are available from Human Resources, Carnegie College, Halbeath, Dunfermline KY11 8DY, visit our website, tel 01383 845154 or email: humanresources@carnegiecollege.ac.uk
Napier University – Fire
Consultant wanted approx 8 days a month
Go to http://www.publiccontractsscotland.gov.uk/default.aspx
Marion Johnstone mentioned that the Public Services Group were producing an elected members booklet, it was due to be launched 2nd Feb but it was cancelled. The document can be downloaded from http://www.iosh.co.uk/files/news/ourcampaigns/ThinkAboutHealthAndSafety-Scotland.pdf
Concerns were raised about conflicting information from HQ website and Branch website about the 200th meeting. Andrew Sharman explained that the speakers had been swapped to allow a Presidential address at the 200th Meeting and so we didn’t miss out on Edward’s and Stephen’s talk.
Another member raised the concerns of having students walking on icy paths and how the issue could be raised up the Council’s priority list. Suggestions were made from the floor about getting a grit container, and sending the stats to the council about how many students use the paths. Discussions then followed on issues of liability and clearing paths.
IOSH Paper Presented 12th February 2009, by Stephen Chaffey & Edward McHugh of Dundas & Wilson – A Legal Update
Paul Graham introduced the two speakers for the afternoon presentation as Stephen Chaffey an ex-Procurator Fiscal in Fife, now with Dundas & Wilson as a specialist on H&S Law and Edward McHugh, who heads the H&S practice at Dundas & Wilson and amongst other things had advised the inquiry into the Stockline Incident.
Introduction
Stephen began the presentation by indicating the agenda for the afternoon:
Work of the Procurator Fiscal’s Health & Safety Division
The Procurator Fiscal’s duties include making files for prosecutions for all suspicious deaths. These in the past have mainly been from information from the Police as the instance have been the result of assaults & sexual offences etc, but with the formation of a new specialist division to deal with health & safety matters this has now turned to examination of all suspected h&s crimes from information provided by the HSE, SEPA etc as well as the Police.
The number of cases raised by the HSE has risen over the past few years (52 in 2006-7 year to 89 in 2007-8) and is likely to increase further still with the Corporate Manslaughter Act coming onto the Statute books.
The formation of the new specialist division within the Procurator Fiscal’s office shows how H&S is climbing up the legal agenda in order to provide consistency of approach for what can be very complex investigations. The division is arranged in three areas – North based in Aberdeen; East based in Edinburgh; West based in Glasgow – where the activities are led by a local senior prosecutor supported by dedicated lawyers and Crown Council.
Process
A report is received from the HSE for consideration, from which the case is “marked” so if the case is to proceed the charges are drafted.
The Procurator Fiscal then starts their own investigation, which may include consideration of medical reports etc.
Pre-cognition takes place where they will take their own statements from witnesses etc after which there will be a final decision will be made on whether a prosecution will take place and final definition of the charges to be laid. It is in the Employer’s interests to fully co-operate with the investigation.
Prosecution Code
The Procurator Fiscal follow a code of practice to ensure a charge is justified –
– Does the activity constitute a crime?
– Sufficiency (is there enough evidence – possibly more than one witness)- Admissibility – Reliability – Credibility (Is the evidence believable and are the witnesses of suitable standing to be believed etc)
– Is it in the Public Interest – and it is interesting to note that over recent years H&S cases have been seen as of much more importance
What can we learn from prosecutions? (Edward McHugh then took over the presentation)
Following an accident where a prosecution is to be undertaken, there is frequently a 2 to 3 year delay – this is something that needs to be tackled much quicker if we are to get correct justice.
Prosecutions are painful for all concerned, so we need to learn from them and hence prevent them re-occurring.
Edward wished to consider a few recent cases and dissect them to see what we could learn.
But firstly he wanted to make the point that sensationalism should not be used in advertising events that had occurred in past cases in order to provide information which could be used in scaremongering.
As an example he showed an advertisement showing the hands of a person wearing a pin-stripe suit wearing hand-cuffs as an advert for running a corporate manslaughter course. This is the sort of exaggerated publicity which gives H&S a bad name.
Recent Cases – what they show
R –v- Chargot 2008
Facts of the case – A dumper truck driver had made several trips to the far side of the site prior to the fateful event when he overturned it and died and he had not been wearing a seat-belt.
The onus of proof had shifted onto the employer to prove they had done everything so far as is reasonably practicable to prevent injury to an employee by an adequate risk assessment.
The H of Lords also indicated that the case also showed it is necessary under section3 of HASWA that employers have done sufficient to protect persons not in their employ from injury from their activities.
A further example was quoted where a farmer had been prosecuted for a bull escaping from a field which was surrounded by a dilapidated fence, such that it was easily foreseeable that the bull could escape.
R –v- Porter 2008
Health & Safety are sometimes accused of trying to make things TOO safe, but the courts can show cases don’t follow that ruling.
A young child fell down a set of stairs in a school & died, following which the Headmaster was prosecuted for not protecting the safety of the child, but his prosecution was appealed and the court of appeal found in his favour in that the requirement for an adequate risk assessment is only required in dealing with REAL RISKS – not those which are trivial etc.
Stairs are certainly a hazard but cannot be considered a MATERIAL or REAL risk
R –v- P 2007 (considering Section 37)
Section 37 covers – consent ( knowledge of and allowance of action) – connivance (allowance of the action) – neglect (the major topic for prosecutions on this section )
Facts of this case – Mr “G” as M.D. for “P” was in charge of the Company H&S Committee and accepted that he had overall responsibility for H&S within the organization, such that for him to state he was ignorant of the bad practice being undertaken by 2 FLT drivers of carrying 3 bales at the same time which fell killing a 6 year old boy, was no defence.
Neglect is the most common failing and is not so much about ‘lack of knowledge’ more about whether there was a duty on the individual and whether that individual then gathered sufficient knowledge in order to fulfill that duty.
Other drivers
Corporate Manslaughter – down to issues of the way manager organize H&S
IoD Leadership Guide – stated to be unknown to 75% of managers and there is no excuse.
H&S Offences Act 2008 – increased penalties and inclusion of imprisonment for some offences
HSE Strategy for 21st Century.
Financial penalties are on the way up – typically 6 figure sums. A recent case resulted in a £300,000 fine which represented 11% of turnover and 5 times the annual profit over a 5 year period which made the penalty much more noticeable.
Personal financial penalties are also on the up to make more effect and if that was not enough of course there is now the increased possibility of imprisonment.
Public scrutiny has an effect on individuals – being a witness and hence associated with a fatal incident can be a very upsetting association for some folks.
Summary
Don’t scaremonger, provide the facts but don’t exaggerate
Please stay and have a coffee and meet your colleagues.
Dates of next meetings:
Edinburgh Branch:
12 March - 200th Meeting!
Ronny Lardner from the Keil Centre- Practical focus on behavioural safety and Presidential address from Natasha Freeman.
Forth & Tay District:
02 April 2009 - Director involvement. Gena Falconer, Aberdeen City Council.
Helen Pearson MIIRSM, CMIOSH
Branch Secretary
Richard Lovering CMIOSH
Branch Executive
Paul Graham CMIOSH MIFireE Branch Executive