The HSE’s scientific report for 2024 has just been published and this gives an interesting insight into the role of new IT developments and forensic science being
used to support the work of the HSE and there investigators. With a range of case studies showing the role of these in a number of prosecutions but also in the investigation of a range of safety and health related issues including asbestos, biological agents and construction machinery and equipment.
This scientific data adds to the body of knowledge available not only to inspectors but also the wider health and safety community. For a full copy visit https://www.hse.gov.uk/Research/review.htm?utm_source=hse.gov.uk&utm_medium=referral&utm_campaign=hse-science&utm_term=asr2024&utm_content=news-page
Professor Andre Curran states that in 2023, new forensic investigations included:
the gas explosion at Haut Du Mont, St Helier (December 2022); the fall from a cargo loader at Prestwick Airport, the Draycott pyrotechnics factory explosion, the crushing by a telescopic urinal in London, the fire at a former department store, Princes Street, Edinburgh, the forklift truck incident at a Neith recycling centre, and the fall from the Valaris North Sea offshore rig; the Perth recycling centre explosion; the fall from height during construction at Stone Business Park; an explosion during a fire-extinguisher recycling operation in Oldbury, the toppled ship ‘Petrel’ in Leith dry dock, and the gas explosion at a home in Swansea; the plant machinery incident at a construction site on the Slough Trading Estate; the contact with overhead power lines in Fishbourne while on a tractor; the forklift truck incident at a Billingham chemical site, the high pressure air release on 03 the North Sea drilling platform Island Innovator, and the silo collapse at an industrial site in Peterhead; a MEWP incident at the Liverpool Bramley Moore Dock stadium construction site; and the electrocution of a guest at a Blackpool hotel.
In all of these tragedies, people were injured or lost their lives. The information collected on incident causation is also used to share lessons learned with duty holders and other stakeholders and inform any research needs. Once the legal process allows, the data collected can be used to develop new standards, processes and products.
Moira Wilson head of electrical and mechanical engineering unit, states that during forensic incident investigations, their engineers focus on identifying the underlying causes and measures, safeguards and systems that should have been used. They also explain to the courts and those affected, including the families, why the incident occurred and how it could have been prevented. Their expertise and focus on improving safety is recognised both nationally and internationally, and enables them to influence and develop standards and guidance which improve health and safety as well as helping to secure justice.
Senior Managers and H&S
Directors and senior managers have specific responsibilities under the law in relation to health and safety. This briefing will give you the essential background information and advice on understanding your responsibilities and fulfilling your role. A business organisation functions under the direction of its directors and senior managers. This means that directors have particular responsibility for the health and safety performance of the organisation. Directors, managers and company secretaries also have a legal duty to ensure that the company’s statutory duties are complied with. Directors need to be aware of how the safety performance of their company and their commitment to health and safety will affect their business functions. There are a number of measures which should be taken in regards to health and safety, including the following. Boards of organisations should formally and publicly accept their collective role in providing health and safety leadership. Individual members of the board must accept their role in relation to the provision of health and safety leadership. Decisions of the board should relate to health and safety intentions as set out in a health and safety policy statement. Directors should recognise the active participation of workers in improving health and safety. Boards should ensure that they are aware of risk management issues.
Building and promoting a shared health and safety vision
Shared vision requires:
- Continuous consultation
- Discussion, reflection and feedback
- Excellent communication
Legal requirements
A range of statutory material relates to the responsibilities of directors and senior managers in the health and safety context. Section 37 of the Health and Safety at Work, etc. Act 1974 (HSWA) states, in summary, that where a health and safety offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the company, they shall be guilty of that offence.
The Company Directors Disqualification Act 1986 empowers courts to disqualify a person from being a director if they are convicted of an indictable offence, if the offence was in connection with the management of the company. Magistrates’ courts may disqualify for a maximum of five years. The Crown Court may disqualify for up to 15 years.
Directors may also be personally liable in relation to civil claims for negligence which has caused personal injury or death. Such claims are rare because higher possible levels of compensation will be recoverable from companies, which are insured, rather than from individual directors.
Strategic leadership
Directors and senior managers are ultimately responsible for the production, promulgation and enforcement of health and safety policies and procedures. This will normally involve the implementation of an effective safety management system (SMS).
The Health and Safety Executive and the Institute of Directors jointly issued INDG417 Leading Health and Safety at Work. Strong and active leadership from the top should be visible, should show active commitment from the board, should establish effective downward communication systems and management structures and integrate good health and safety management with business decisions. Leadership should engage employees in the promotion and achievement of safe and healthy working conditions, set up effective upward communication and provide high-quality training for workers. Board members need to establish a health and safety policy which is an integral part of a company’s culture, values & performance standards.
The delivery of health and safety depends upon an effective management system to ensure, so far as is reasonably practicable, the health and safety of employees, customers and members of the public. Companies should aim to protect people by introducing management systems and practices which ensure that risks are dealt with sensibly, responsibly and proportionately.
The focus should be on assessment and review: the organisation should identify and manage health and safety risks, follow competent advice on health and safety issues, and monitor, report and review performance. The training of directors in relation to health and safety issues should involve the following:
- legal responsibilities
- potential outcomes of prosecutions
- integration of health and safety in business decisions & benefits of health and safety to overall business issues
- expected actions in respect of health and safety & how to show commitment to health and safety issues.
In August 2020, Mustafa Kemal Mustafa, a car business owner, was sentenced for multiple breaches of health and safety law. HSE inspectors served seven enforcement notices on Mustafa, dealing with unsafe work at height, dangerous electrical installations, flammable risks and machinery guarding. Mustafa ignored the notices and continued to put himself, workers and members of the public at risk. He received two suspended prison sentences, 300 hours of unpaid work and was ordered to pay £8000 costs. He was disqualified from acting as a director for six years.
In February 2019, a commercial vehicle repair company and its managing director were sentenced after a worker was fatally crushed by a bus. The worker was working in an inspection pit under a bus which was supported by two bottle jacks. The bus fell from the jacks onto the worker. The company had failed to plan and organise the lifting of the bus in a way which ensured workers’ safety. The company was fined £50,000 plus £22,000 costs. The managing director was sentenced to 6 months’ imprisonment, suspended for 18 months.
Three company directors were sentenced to imprisonment following the death of a worker who fell through the roof of a warehouse. There was no risk assessment and workers were sent onto the roof without training and without netting or other safety measures. One director was sentenced to one year’s imprisonment; the second received 10 months and the third eight months. All three were disqualified from acting as directors for 10 years.
Jagbir Singh, the director of Master Construction Projects (Skips) Ltd was sentenced to 12 months’ imprisonment, suspended for 2 years, & 300 hours of community service. He was disqualified from acting as a company director for 8 years and ordered to pay £11,500 costs. The sentence related to the death of a worker who fell into a trommel machine, used to sort waste material, in a recycling yard. Singh is reported to have admitted that he knew that there was no safe system of work in place for the trommel.
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