Many cases brought by the HSE would not make it to court if the business in the dock had actually done what it said it would. This is also true when it comes to civil claims. Many people are being compensated because businesses aren’t able to prove they’ve done what’s required of them.
What are they doing wrong?If the business simply hasn’t met its duties, legal teams struggle to offer much in the way of a defence. In such instances, it’s a case of damage limitation. It’s sometimes clear that the business has put a great deal of effort into ticking the legal boxes. They have policies, procedures, risk assessments, etc. which all look the part. However, although these businesses should be in a better position than those who hadn’t bothered to get their house in order, this frequently isn’t the case.
Why not?On investigation, it’s clear that what’s written down bears very little resemblance to what actually happens on the shop floor. For example, a risk assessment may state that staff will be trained, authorised and supervised, and records will be kept to prove that this is the case. However, when there’s an accident, it becomes clear that no training has been provided, staff haven’t been authorised and supervision levels aren’t what they should be. To make matters worse, there are no records or other evidence to suggest that staff have actually seen the risk assessments and procedures.
Build your defenceTip 1. Don’t assume that having reams of paperwork in place will protect you. In fact, identifying that you know what’s required of you, yet failing to do it, will be seen in a worse light than if you did nothing at all.
Tip 2. Don’t prepare the paperwork and leave it on the shelf. You must brief your staff and ensure that they understand what’s required of them. Keep detailed, signed records.
Tip 3. Complete audits, and review procedures, policies, risk assessments, etc. on a regular basis If the document names an individual and identifies what duties they will be completing, it will need updating more often - many businesses have been caught out because the named individual has left and their duties haven’t been reassigned.
At HS&Q Management Associates I understand the business challenges that small - medium size businesses owners are facing in today’s climate; It is easy to appreciate the difficulties in trying to…
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