What do you think is number one in the list of the greatest risk businesses face today, the common risk which threatens every company’s capacity to trade?
It’s Safety… Number two maybe Brexit, three and four, possibly austerity and unpredictable external factors.
This is because safety is the only single requirement which places a responsibility on every business, imposes a legal duty on every operating company large or small.
Safety is also the only business element which has an adverse impact on every worker no matter if a new starter or a long term manager.
So, as safety impacts on 100% of businesses, why are you and/or your companies legal obligations not clearly defined when registering as a company director?
Can you recall the time when you were told?
As a director reading this article, please recall the time you were told, shown, educated about your legal obligations in health and safety responsibility in the workplace!
I am aware that there will be people who have cultivated knowledge and awareness of the importance of health and safety through previous employers. But still; has this knowledge, self learning and on the job training validated your responsibility?
The question extends even further;
- have you ever seen the Health and Safety Executive (HSE) publication HSG 65 explaining your key responsibilities for ‘Managing Health and Safety’?
- When were you verified on a full understanding of INDG417 HSE publication for ‘Leading Health an Safety at work’?
Furthermore, as a director / responsible person for health and safety, were you aware:
- The maximum prison sentence for ‘Gross Negligence Manslaughter’ is now 18 years
- Health and Safety fines are unlimited (largest UK fine is currently £5 million)
- In the period 2016/17; 163 individual director sentences was handed out.
- 50 immediate custody sentences was handed out 2017/18.
All data has been taken from the HSE prosecutions table’s available under ‘freedom of information’ from the health and safety executive web site.
If you can’t recall when you were told, this is not a ‘GET OUT OF JAIL’ free card… Aware or unaware, prosecutions still happen.
So how can you use other good business practices to protect you?
How would you today deal with the negative pressure of a workplace accident, a worker signed off sick with stress or anxiety, or a fatigued or tired worker under-performing? All increasing your risk of prosecution.
Many organisations today operate business buffers. Buffers which are designed to manage reactive customer demands, to manage resource and stock levels under busy bank holiday periods and to ensure companies can operate effectively in unpredictable periods.
Diagram showing businesses’ optimised zone, the negative pressures and the route from operations to fundamental failure for a business that doesn’t have sufficient buffers in place.
Directors need similar business buffers in Safety, in Health and Wellbeing…
Companies with no buffers!
I would be writing this article for days, if I was to list all the prosecutions imposed since February 2016 when the Definitive Guidelines from the Sentencing Council were introduced.
Even though there has been over 1100 (eleven hundred) successful prosecutions since February 2016, I fail to believe each responsible person was fully aware of their personal and corporate responsibility. As if this was the case, it suggests they were all knowingly flouting the law.
Nevertheless, even though their awareness was low, they were still fined and in some cases received custodial sentences.
Why you need buffers?
In safety, when a business has to manage an incident, reduce the risk of extended sickness periods or even mitigate a failing contractor (i.e. negative pressure pushing against the optimised operational point), good business practice would be to have robust procedures and sufficient operations in place. Systems which can undoubtedly prove your company has done ‘so far as is reasonably practicable’ to prevent harm.
These buffers provide the security, the protection you need to avoid prosecution and successfully alleviate employee litigious claims.
Safety PAL buffer
To manage No 1 on the list of business risks, to cushion you and your business from negative forces and to create a sustainable brand; Safety PAL has developed a very unique and cost effective suite of tools:
- Tools designed to support your existing management, improve dissemination of existing documents to create the proof all workers and contractors have read and understood essential documentation.
- Tools which evidence your company policies are actually in operation, being adhered too – not just at procurement stage.
- Advanced management tools allowing you to not only complete individual check’s on workers training, qualifications and competence, but to autonomously restrict access for non compliance.
So with Safety PAL in your corner, when the negative forces come (as they will), Safety PAL health and safety management system will absorb these negative forces, keeping your business in the safe zone away from prosecution.
This is not all about safety, it’s simply good business.
Final words
Thank you for taking time to read, I would really appreciate your feedback. Feedback which not only gives me essential insight, but also shows my efforts to improve high-level business protection and workers’ well-being is working.
Karl Spencer
Founder of Safety PAL
Downloadable publications
http://www.hse.gov.uk/pubns/indg417.pdf
http://www.hse.gov.uk/pubns/priced/hsg65.pdf
Don't take our word for it,
we'll show you how...
Keeps Employees Safe
By providing training, managing and feedback systems that can be evidenced in 27 languages.
Reduces Risk of Accidents
Provides proof, to reduce your exposure to prosecution.
Provides Real-Time Reporting 24/7
Showing what has been completed, and what important tasks need to be done next.