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JL  
#1 Posted : 13 November 2018 18:57:18(UTC)
Rank: Forum user
JL

I have volunteered to give a lecture on the consequences of failure (what happens when H&S advisors get it wrong). Does anyone have any suggestions on appropriate content for this. Some of the things I might need a bit of help with

Recent examples?

Any criminal or civil case studies of this happening ?

Possible pitfalls of bad professional indemnity insurance (what should we look out for in the T&Cs)

Any other topics that highlight the need for competence and continuing professional development.

it has the potential to be realy interesting debate I think

Edited by user 14 November 2018 08:26:51(UTC)  | Reason: Not specified

Roundtuit  
#2 Posted : 13 November 2018 20:03:17(UTC)
Rank: Super forum user
Roundtuit

So post the 2016 sentencing guideline changes

Merlin attractions limited Smiler crash - £5M fine

The company behind the Star Wars film where Harrison Ford aka Han Solo got a broken leg during filming - £1M fine

Andrew Winterton director of Conquest Homes who recently lost his appeal against manslaughter

Then you have the new changes - 2 years becomes 18, failing to spend the identified money is considered as negligent in extremis (my favourite stick at the moment when I get the "we haven't budgeted" line) - plenty of disclosable email evidence now appearing to push the presuure upstairs

Can't comment on PI as I have the relative protection of direct rather than self employment so there is "a controlling mind acting upon any advice provided"

Dependent upon the business you can get in to costs regarding (product) recalls, consequential losses and loss of market reputation e.g. Vauxhall Zafira B fires - 2 recalls and last week a third for the same model

As you identify the rules change - Building Regulations currently under the spotlight, and if you don't keep up through CPD or other means you are left behind.

Roundtuit  
#3 Posted : 13 November 2018 20:03:17(UTC)
Rank: Super forum user
Roundtuit

So post the 2016 sentencing guideline changes

Merlin attractions limited Smiler crash - £5M fine

The company behind the Star Wars film where Harrison Ford aka Han Solo got a broken leg during filming - £1M fine

Andrew Winterton director of Conquest Homes who recently lost his appeal against manslaughter

Then you have the new changes - 2 years becomes 18, failing to spend the identified money is considered as negligent in extremis (my favourite stick at the moment when I get the "we haven't budgeted" line) - plenty of disclosable email evidence now appearing to push the presuure upstairs

Can't comment on PI as I have the relative protection of direct rather than self employment so there is "a controlling mind acting upon any advice provided"

Dependent upon the business you can get in to costs regarding (product) recalls, consequential losses and loss of market reputation e.g. Vauxhall Zafira B fires - 2 recalls and last week a third for the same model

As you identify the rules change - Building Regulations currently under the spotlight, and if you don't keep up through CPD or other means you are left behind.

chas  
#4 Posted : 14 November 2018 10:01:59(UTC)
Rank: Super forum user
chas

Two cases where safety officers were held to account for their failings spring to mind. The first is the Fatty Arbuckles Resturant case, the other was a construction company safety advisor who failed to advise properly on an excavation. Both cases involved fatalities which could have been avoided if the safety advisors had played their part properly. If you do a search on 'safety advisor jailed' both should come up.   

thanks 1 user thanked chas for this useful post.
JL on 15/11/2018(UTC)
A Kurdziel  
#5 Posted : 14 November 2018 10:26:00(UTC)
Rank: Super forum user
A Kurdziel

It all depends on what you mean by “getting it wrong”. In the Fatty Arbuckle’s case the H&S adviser had carried out an inspection of the premises and had passed as safe, a Panini grill despite the fact that staff had told him that they got the occasional electric shock off the piece of equipment. Later someone had a more serious shock and the court decided that the H&S adviser had failed in his specific duty of care (Prosecuted under Section 36 of Health and Safety at Work Act I believe)  

Talking to a “tame” HSE inspector, he told me of a case where a large real of cable had come off a crane and killed a worker in a yard. They talked to the company H&S adviser and within 30 minutes had established that he had done everything to advise the company about safe working with this piece of equipment. The then focussed their action on the operation manager and grilled him for 2 days before establishing that he was the one at fault.

thanks 1 user thanked A Kurdziel for this useful post.
webstar on 15/11/2018(UTC)
MikeKelly  
#6 Posted : 14 November 2018 10:27:45(UTC)
Rank: Super forum user
MikeKelly

Hi JL

The most important consequence of us [and management] getting it wrong is the toll of deaths, injuries and disease which can follow. Loads of cases showing this on the net: see Health and Safety at work mag for detailed discussions.

Regards

Mike 

jontyjohnston  
#7 Posted : 14 November 2018 12:01:47(UTC)
Rank: Super forum user
jontyjohnston

JL

I recently did some internal & external lectures about the consequences when things go wrong. I had a room fullf of engineers, apprentices and support staff.

I told them the story of when I attended high court in Belfast for a civil proceeding to determine which parties would pay how much to a widow and her 2 daughters. The first thing being the prosecution outlining in graphic detail how their father had dies whislt they sat in the court.

Short recess and I instructed our team to go settle and that under no circumstances where we to put that lady and her daughters through any more.

On conclusion you could have a pin drop. So, if you can find any "personal" stories about the familly impact? One video used to be around which was great for this. I think it was called "1 in 1 million. Kens storey".

Anyway just a thought but great way to engage people on what real;ly matters.

J

Steve e ashton  
#8 Posted : 14 November 2018 12:54:33(UTC)
Rank: Super forum user
Steve e ashton

Many many years ago..... I was hs officer in a chemicals and refining facility... One day spoke with a guy doing a batch preparation. Never been able to remember what we spoke about, although it may have been an upcoming darts match... I don't think we spoke about the process he was controlling. I walked away. Ten minutes later he was dead, and several of the works brigade suffered life changing injuries trying to rescue/recover him. The process involved mixing two oils at high temperature. One of the components had not been properly dried/pretreated. I may have distracted him... Did I get it wrong? Could I have done more to prevent it? Should I have done more? My employer didn't think so. The HSE didn't think so... But I thought so. The consequence for me has been a life containing many sleepless nights. Regular flashbacks. Occasional nightmares. A lifelong sense of nagging guilt. .. I may have been a better h&s professional as a result, but I would still like to rewind the clock and spend ten seconds asking him if he had followed the method statement accurately...
thanks 3 users thanked Steve e ashton for this useful post.
JL on 15/11/2018(UTC), aud on 15/11/2018(UTC), webstar on 15/11/2018(UTC)
Mr.Flibble2.0  
#9 Posted : 14 November 2018 15:14:31(UTC)
Rank: Forum user
Mr.Flibble2.0

Hi

Why not look for case studies and examples where a H&S Bod got it right and prevented something serious from occurring or improved culture.

The Safety Community is obsessed with focusing on the negative 'If you don't do this, bad things will happen to you' all it ever has is a short term impact and by the time people have left the meeting they are convinced it will never happen to them and move on.

I often look at Safety as a product, an idea that I am trying to sell. No one sells a product based on 'Negative Consequences'. Advertising is all based on Positives and that good things will happen when you buy or invest in their product.

Take speeding in your car, I imagine that some of us have been speeding before (I know I have), yet we all know the consequences; points, fine, could lose your job, serious accident, death etc yet we do it anyway. Because we have done it before and either not got caught or decided that the odds are very low. Never had an accident, so I know I’m fine. I mean how many people do you see slow down to look at a serious car crash and then speed up even with the consequences right in front of them!

This is not a criticism of the post, just that if we want to see change we need to change the way we look at things and the only way to change culture is from positive consequences and not negatives.

thanks 3 users thanked Mr.Flibble2.0 for this useful post.
A Kurdziel on 15/11/2018(UTC), GavGregson on 15/11/2018(UTC), aud on 15/11/2018(UTC)
JL  
#10 Posted : 15 November 2018 09:16:36(UTC)
Rank: Forum user
JL

Originally Posted by: Mr.Flibble2.0 Go to Quoted Post

Hi

Why not look for case studies and examples where a H&S Bod got it right and prevented something serious from occurring or improved culture.

The Safety Community is obsessed with focusing on the negative 'If you don't do this, bad things will happen to you' all it ever has is a short term impact and by the time people have left the meeting they are convinced it will never happen to them and move on.

I often look at Safety as a product, an idea that I am trying to sell. No one sells a product based on 'Negative Consequences'. Advertising is all based on Positives and that good things will happen when you buy or invest in their product.

Take speeding in your car, I imagine that some of us have been speeding before (I know I have), yet we all know the consequences; points, fine, could lose your job, serious accident, death etc yet we do it anyway. Because we have done it before and either not got caught or decided that the odds are very low. Never had an accident, so I know I’m fine. I mean how many people do you see slow down to look at a serious car crash and then speed up even with the consequences right in front of them!

This is not a criticism of the post, just that if we want to see change we need to change the way we look at things and the only way to change culture is from positive consequences and not negatives.

I understand your point and what you say will make up a large portion of the later half of the lecture, as well as maintaining IOSH membership an keeping appropriate CPD.
JL  
#11 Posted : 15 November 2018 09:21:02(UTC)
Rank: Forum user
JL

Thanks for the feeback, some good points to consider, would anybody have recomendations on who to contact to find out the pitfalls of inappropriate professional imdemnity insurance (I expect there are both good and bad out there)

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