Ark Workplace Risk ™

How Proper Risk Procedures And Provisions Kept Directors Out Of Jail

Proved by recent case: your legal position is more defensible when you undertake suitable and sufficient risk assessments and identify all foreseeable risks.

In Health & Safety legislation the reverse burden of proof has often lead practitioners to feel that they cannot defend their position once an incident has occurred and harm has been caused. A recent ruling in the Court of Appeal gives employers reassurance that where they have acted to assess the risks for every foreseeable occurrence they will not end up with fines or with custodial sentences

What was the case?

The prosecution was brought following the death of an employee of a large engineering company, carrying out work on a platform on the river Thames. During dismantling work the deceased removed the bolts that were keeping his safe working area together and was tragically crushed to death.

The worker had gone against the company’s Health & Safety procedures in a number of ways and acted in a way that could not have been expected.

However, the HSE still prosecuted two large engineering companies for failing in their Health & Safety obligations.

At the trial, all the witnesses attested to the fact that the company had undertaken competent risk assessments and had suitable and sufficient Health & Safety procedures which were known to their employees and enforced by supervisors.

The court accepted that the actions of the deceased were wholly unforeseeable and could not have been guarded against.

The Judgment

In taking the decision to dismiss the case the appeal judge said:

“The only apt, albeit unhappy, phrase is that he went on a frolic of his own. There is no evidence that such an act should or could have been foreseen in the circumstances as they existed on site; quite the reverse.”

In dismissing the case he took the view that the HSE’s failure to provide any evidence that proved that it was the actions of the defendant that exposed the deceased to the risk from which he received the fatal injuries was the critical factor.

What does this mean for your company?

The case is a tragedy for the individual and the company involved. Yet, it demonstrates that your legal position will be more defensible if you invest in carrying out suitable and sufficient risk assessments and have identified all foreseeable risks.

The point is that investment in Health & Safety not only improves your effectiveness and protects your staff, it also gives you further protection against criminal conviction and civil action if something goes wrong.

While the HSE may have been unhappy that the case they brought was not accepted, we feel that the ruling actually encourages employers to take Health & Safety seriously.

Even for those organisations who have previously placed less emphasis on Health & Safety, getting competent advice and acting on it can be your “get out of jail free card” if the dice roll against you.

Reducing the likelihood and impact of accidents

At Ark we can help you identify all of those foreseeable risks and hazards. Our competent staff can work with you to implement systems and controls that will help you reduce the likelihood and impact of accidents.

Top brand clients work with Ark Workplace Risk to optimise their control and management of risk.

You can work with Ark to review your risk assessments and risk management in the workplace.

To explore how you can optimise your Health & Safety and Risk management systems, just use the easy form below or call us on +44 (0) 20 7397 1450.