Transcript BRM Workshop - Small Charities Coalition

Managing the Charity –
Managing the Risk
Small Charities Coalition
Dr Louise Smail,
Ortalan Ltd
T:0161 445 7872
M: 07791 293558
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What will be covered
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Compliance with what…
Managing at the speed of risk
Which law applies..
What you need to do
Corporate Manslaughter
Charity prosecutions…
What can we conclude?
COMPLIANCE WITH
WHAT..…
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5 key areas of compliance
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as a charity
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as an organisation
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essential policies i.e. data protection
,health and safety
as a fundraiser
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governing document
Charity Act, Companies Act
employment legislation
fundraising law.
MANAGING AT THE SPEED
OF RISK
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What drives Risk Management?
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Prosecution
Civil Action
Insurance
Shareholders
Business Failure…..
Balancing Act…
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Money
Risk
BATNEEC
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CATNIP
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Best available technique not entailing
excessive cost
Cheapest available technology not
inviting prosecution
Prince William – Scout Jamboree…
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“William cooked a hotdog for his
lunch on a gas burner. It could not
be cooked over a campfire because
this has been banned under health
and safety regulations.”
Times 29 July 2007
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WHICH LAW APPLIES?
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Civil Law and Duty of Care
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Voluntary organisation and
individuals – duty of care
Injury may result in being sued
Breach of duty of care
Health and Safety Law
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HSE and Local Authorities
Does not impose duties on someone
who is NOT employer, employee or
self-employed
No power to investigate purely
voluntary activities
When H&S Law Applies
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At least ONE employee
Employers and self-employed as
‘duty holders’
Protect those affected by their
work..
WHAT YOU NEED TO DO..
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Risk Assessment…
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Not a pile of paper…
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Sensible and proportionate
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Health and safety made simple
risk assessment tool for low-risk, officebased environments
Higher Risk Activities..
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Use a risk assessment process
Information
Training
PPE…
R V Porter
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There was no obligation upon an
employer in the conduct of his
undertaking to guard against those
risks which were merely fanciful.
Bow Tie Diagram
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EVENT
RECOVERY MEASURES
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BARRIERS
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Health and Safety Policy
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5 or more employees
Written, signed, Dated
Sign - read and understood
Induction
Consult
What you need to display..
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display a health and safety law
poster (available from the Health &
Safety Executive)
an employer’s liability insurance
certificate
other notices such as 'no smoking'
notices, exit signs
Violence at Work
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who is at risk.
precautions
Provide
regularly check your risk
assessment and if a violent incident
occurs, make any changes as
necessary.
Display Screen Equipment
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assess computer workstations
provide eye tests
(The Health and Safety (Display Screen Equipment)
Regulations 1992)
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COSHH
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risk assessments including COSHH
Regulations
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Use
Storage
disposal of chemicals such as cleaning
materials
(Management of Health & Safety at Work
Regulations 1994)
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Manual Handling
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assess items which might cause
harm if lifted incorrectly or are too
heavy
Training
(Manual Handling Operations
Regulations 1992 (amended 2002)
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Housekeeping
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clean, tidy and orderly condition
ensure emergency access routes
are not blocked
eliminate trailing wires
trip hazards such as frayed carpets
or wet floors
equipment in good order
(The Workplace (Health, Safety and Welfare)
Regulations 1992)
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Vulnerable People
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Specific risk assessments
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Pregnant and Breastfeeding Mothers
Young people under 18
Also
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Asbestos
Noise
Working at Height
Driving mini-buses..
‘action in the event of a fire’
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full responsibility for your premises
carry out a fire risk assessment
use the RA to draft your procedure
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assembly points
fire drills etc
(The Regulatory Reform (Fire Safety)
Order 2005)
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First Aid
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first aid box
identify an ‘appointed person’ who
can monitor the contents of the first
aid box and summon medical
assistance when required
Assess number of first aiders
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(The Health and Safety (First Aid) Regulations 1981)
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Accidents..
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an accident book in which to record
all accidents, however minor
Report accidents over 7 days
(Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995)
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Include H&S
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Meeting
Training
Planning
CORPORATE
MANSLAUGHTER
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Corporate Manslaughter
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means it is possible for employers
to be prosecuted for 'a gross breach
of duty' if someone has been killed
at or by work.
In context…
The Corporate Manslaughter and Corporate Homicide
Act 2007
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CM in context..
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Systematic failure of the
management system
Health and safety at work act
Gross negligence manslaughter
CHARITY PROSECUTIONS
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Lone working
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Mental health charity – death of
support worker
£30,000 fine with costs of £20,000
HSW Act
Bouncy castle claim fails in Court of
Appeal
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Serious injury
Reasonable actions of the parent.
Employers liability for Team building
event
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Cycling event
Optional helmet wearing
Risk Assessment….
WHAT CAN WE CONCLUDE?
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Bow Tie Diagram
H
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EVENT
RECOVERY MEASURES
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BARRIERS
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What threatens my barriers?
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Re-organisation
Budget
Lack of training
No recruitment
The barriers don’t work
Outsourcing/Partnerships
Responsibility
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Who monitors which barriers?
Who takes responsibility for
removal of barriers?
What systems allow the effect on
these barriers to be communicated?
Any Questions?
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