Humber Branch 2 April 2003

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About IOSH

• Established in 1945, received Royal Charter in
  2003
• Europes leading health and safety professional
  body
• Over 28,000 members in more than 50 countries
• An independent, not-for-profit organisation
• Maintains and steers professional standards
• Provides impartial, authoritative guidance on
  health and safety issues
• for a safer world of work

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Professional Membership Body

• 24 Branches and 17 Districts, run by elected
  committees of members, all volunteers
• 37 additional committees, sub-committees and
  working parties oversee the Institutions
  activities
• Three elected Presidential officers
  President-Elect, President, Immediate Past
  President

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Corporate Killing

• The role of legislation
• Death at work
• Current Issues /Societys needs
• IOSH position

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The Role of Legislation
Drivers / Motivators
The Very Good
Barriers
Complies with the Law
Barriers
Needs to Overcome Barriers
Not Interested
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Motivating The Not Interested Group

• Enforcement
• Regulation
• Insurance
• Cost

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Motivating The Very Good Group

• Cost Investing in health to save in the future
• Insurance
• Humanitarian concerns translated into action
• Understanding
• Desire to be excellent
• Reputation / Brand Image
• Corporate social responsibility

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Driving Standards

• Competent advice
• Employee engagement

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Corporate Killing

• The role of legislation
• Death at work
• Current Issues /Societys needs
• IOSH position

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Current Issues / Societys Needs

• Level playing field for large companies and SMEs
  ?
• The directing mind
• Do the current arrangements mean that companies
  prioritise health and safety ?
• Do current arrangements discourage companies
  trading off health and safety against profits ?

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Corporate Killing

• The role of legislation
• Death at work
• Current Issues /Societys needs
• IOSH position

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Do We Think We Need A Corporate Killing Bill ?
- Yes

• To address the directing mind issue
• So that organisations can be held responsible
• To signal societys disapproval
• To deliver a sense of justice
• To provide a deterrent
• To improve standards

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IOSH Welcome

• Organisational focus
• Limited removal of crown immunity
• Use of term senior manager
• Unlimited fines and other sanctions
• Remedial notices

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IOSH Concerns

• The definition of the test for gross breach of
  duty of care
• The extent to which the organisation failed to
  comply with any relevant health and safety
  legislation or guidance
• Awareness by the senior managers of the failure
  and the risk of death or serious harm
• The extent to which the organisation sought to
  profit from the failure to comply

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IOSH Would Like to See

• More focus on competent advice
• Directors / Senior Managers Approved Code of
  Practice

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Summary

• IOSH Broadly supportive
• Would like to see
• Less crown immunity
• Removal of profit from definition of gross breach
• Clear duties for Directors / Senior Managers

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QUESTIONS ?