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wainwrightbagger  
#1 Posted : 11 October 2011 11:29:44(UTC)
Rank: Forum user
wainwrightbagger

Hi All, I've been asked to put a presentation together to a range of managers to raise H&S awareness. I'm covering the usual stuff but have been asked specifically to include a definition (from a H&S perspective) of accountability and responsibility. My take on this is as follows: As a manager you are accountable for the actions, or otherwise, of yourself and your team in relation to H&S. Sections 36 and 37 stuff really, and of course sections 2, 3 etc etc. Because you are accountable, you may face action from the enforcing authority as an individual. Also as a manager, you are responsible for ensuring that H&S aspects of your role are fulfilled. For example, compliant with policy of the employer. You can delegate responsibility for "doing" this but you still remain accountable. Does anyone have anything further to add?
David Bannister  
#2 Posted : 11 October 2011 12:14:59(UTC)
Rank: Super forum user
David Bannister

How about: accountability can lead to handcuffs, responsibility can lead to the dole queue?
RayRapp  
#3 Posted : 11 October 2011 13:06:35(UTC)
Rank: Super forum user
RayRapp

You could embellish it with an employers civil law duty of care, case law examples and mention about the Corporate Manslaughter and Corporate Homicide Act and specifically the senior management test.
ExDeeps  
#4 Posted : 11 October 2011 13:22:14(UTC)
Rank: Super forum user
ExDeeps

Chaps, I might get shot down here, but it might be worth pointing out to your managers that there is a moral aspect to accountability and responsability too - the law is (or should be) the fall back position if it all goes "Pete Tong" after all, no business sets out to deliberately hurt, maim or kill Jim
LeeHoward  
#5 Posted : 11 October 2011 16:06:11(UTC)
Rank: Forum user
LeeHoward

Hi Accountability and responsibility- it seems that a blame culture if you not careful may be adopted by your managers, to point the finger is wrong, managers should understand that health and safety is everyones responsibility and everyone is accountable, may be your presentation needs to touch on the legislation side a little but should mainly focus on mediating and developing an health and safety culture where everyone is involved. regards lee
cliveg  
#6 Posted : 11 October 2011 20:39:07(UTC)
Rank: Forum user
cliveg

hello, how about:- Good H&S is one of the best ways to keep your most precious resources - your people - at work. If you break them or allow them to get broken, YOUR boss will hold you accountable.
mgray  
#7 Posted : 11 October 2011 23:26:55(UTC)
Rank: Forum user
mgray

I always drop into the conversation how one of the Directors was interviewed under Pace before I joined the organisation 10 years ago. He did not find this a very pleasant experience at all, even though no charges were brought against him or the company. MG
saferay  
#8 Posted : 12 October 2011 08:39:12(UTC)
Rank: Forum user
saferay

You may also wish to add that, where responsibility is delegated, that person must be competent to take on that responsibility. Otherwise the accountability and responsibility will remain with the Manager in question.
Toth's Teacher  
#9 Posted : 12 October 2011 11:27:57(UTC)
Rank: Forum user
Toth's Teacher

Hi, You may like to include the info below - and back it up with case law examples. The Health and Safety (Offences) Act, which came into force on 16 January 2009, provides for the imprisonment of individuals convicted of a breach of sections 7, 8, or 37 of the Health and Safety at Work, etc. Act 1974 ("HSWA"), or regulations made under the HSWA. Magistrates can now impose 12 month prison sentences on any director, manager, secretary, or other similar officer of a corporate body, or person(s) who purported to act in that capacity. A Crown Court can impose sentences of up to 2 years. In addition to introducing prison sentences, the Act also increases the maximum level of fines available to magistrates for breach of health and regulations from the current £5,000 per offence to £20,000 per offence. Unlimited fines remain available to judges sentencing in the Crown Court. So, managers who have responsibility for Organisational Policy, Procedures, Instructions and Guidance to staff and/or commissioning Staff Training who, through consent, connivance or neglect, have contributed significantly to serious harm occurring (i.e. as a consequence of failing to implement 'appropriate arrangements'), could potentially be sent to prison! Also, following convictions, prosecutors can obtain orders under the provisions of the Company Directors Disqualification Act 1986 (CDDA), to disqualify individuals from being directors for up to 15 years (i.e. on conviction in the Crown Courts). NOTE: While the CDDA does not apply to NHS Trust directors, section 34 (and Schedule 4: 67/68) of the Health and Social Care Community Health and Standards) Act 2003 amended section 22 of the CDDA to make that Act applicable to the directors of NHS Foundation Trusts. A Disqualification Order can therefore prohibit a convicted Foundation Trust director from acting in connection with the promotion, formation or management of a Trust or company for up to 15 years. Good luck!
pete48  
#10 Posted : 12 October 2011 12:11:22(UTC)
Rank: Super forum user
pete48

What about a completely different slant? Take the case of financial accountability and responsibility of managers. Would you expect that to be full of legal references and possible penalties and for those to be the opening gambit? I have worked in very strictly controlled financial environments and could tell you what my employer wanted but could I ever quote the relevant financial law? No. Remember the first few minutes are the bit that catches the attention and that most will remember. Would it be more a case of we need to protect our assets, make a profit and where relevant stay within the law? So you are given responsibility and accountability primarily because we need those carried through to keep the company working effectively and efficiently (profitable) and some because they are required by law. It is just the same for H&S. Your responsibilities are.......... and you will be held accountable for............. All these are described in our HSE systems at......... Then if asked what the law says or requires you can confirm the detail and/or give examples. In my experience not many managers follow procedure or practice simply because the law requires it; they do them because their employers require it and they either agree/have learnt the benefits or grudgingly accept the need. This is not just for H&S, it applies across lots of areas. There are loads of laws that apply to all aspects of work and employment, we should make sure that the emphasis and amount of knowledge on H&S law required by managers is of the same proportions and delivered/controlled/managed in the same way as areas such as finance, human resources etc. Managers are usually interested in "where do I have freedom to act, what limits apply and what do I need to always follow strictly to avoid getting into difficulty. I promise you that if you start with, or overplay the “you could go to jail”, you will have lost 99% of your audience. Why? Because any of them could go to jail for any numbers of things and in fact are much more likely to do so than for an H&S offence! “This is how we can do H&S effectively and efficiently with your help. In understanding and taking on your responsibility and accountability we can avoid all those nasties like lost contracts, injuries, claims, court appearances etc” would be where I would start. This is just another way of approaching this matter. It has worked well for me in the past; it may work for you, it may not. It depends on you and the culture you work in. Good luck, P48
wainwrightbagger  
#11 Posted : 12 October 2011 12:29:59(UTC)
Rank: Forum user
wainwrightbagger

Thanks to everyone who has taken the time to reply. In summary, I'm going to talk through the basics of duty of care from a moral and legal perspective. Yes, I think I will feature the penalties available if you don't fulfill the obligations set within HASAWA etc, but place lots of emphasis in the fact that they don't need to panic or necessarily start to do anything differently! I'll certaily make it known that my job and that of my team is to offer support and guidance and together with their own staff, create a safe place of work. Thanks again.
Ron Hunter  
#12 Posted : 12 October 2011 13:36:50(UTC)
Rank: Super forum user
Ron Hunter

There's a good 10 point checklist in HSE/ IOD guidance INDG 417 (I think) may serve as a useful practical focus. Corp Homicide Act has a useful definition of "senior manager".
Roly  
#13 Posted : 12 October 2011 14:08:50(UTC)
Rank: Forum user
Roly

Quite simply, Responsibility goes down the management tree and Accountability goes up. Therefore if a senior manager gives you responsibility for something, for example to ensure that all work equipment is properly maintained, then you have to provide evidence to him that you are complying and keeping the company equipment safe. Ideally when giving you this responsibility he should detail what evidence he needs to show that you are complying, but this is frequently not stipulated. In which case, surprise him by asking him at the outset, or simply providing the evidence. This way his and your "rears" are covered. In delegating the responsibility to you he can not then forget about it as he still has the ultimate responsibility. Even if you fail to inform him about your actions under the accountability rules, he can not claim ignorance if he set the feedback rules but failed to follow them up. Hope this helps
DT  
#14 Posted : 12 October 2011 14:40:31(UTC)
Rank: New forum user
DT

A subject close to my heart. You have covered the salient points so not much to add. I do however, advise against going down the legal route too far, you will turn off your audience and bore them. As managers they require leading and coaching not frightening. I am a little uncomfortable with the word delegate - I prefer to suggest that managers assist the senior manager in discharging his duties under the act. Also managers must be competent as you are aware, it therefore suggests that they need to understand what they are accountable and responsible for. It is also key that they can demonstrate their accountability and responsibility with evidence. In God we trust, everybody else brings data. Good luck
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