This briefing will assist Senior Managers, Directors and members of Senior Leadership Teams to understand the responsibilities and challenges they face in implementing compliant health and safety management systems whilst enhancing the prospects of avoiding enforcement action and improving defence capabilities where a prosecution is pursued.
The factors that can lead to criminal regulatory enforcement action,
Differences between civil and regulatory legal proceedings and how the practical management of contractors differs between the civil and regulatory world.
The weight and admissibility of evidence and how detailed documentary records and evidence can influence the Court.
The importance of following existing policies and procedures, whilst recording any action that is taken.
A basic explanation of the operation of the Health and Safety Sentencing Guidelines and the consequences of potential action against a business or a Director/Manager.
Delegates will gain an understanding of what their legal duties entail, what is likely to constitute a breach and how best to ensure compliance through strong and effective managerial governance.
Gaining a better understanding of the responsibilities of Senior Managers and Directors in relation to health and safety governance.
An improved understanding of how the regulator and court view responsibility for health and safety governance.
The potential consequences in the event of a regulatory investigation or prosecution.
An appreciation of the importance of documentary evidence.
An insight into the pressures a witness experiences whilst giving evidence at a criminal trial.
Enhanced knowledge of how to avoid a prosecution and ways to improve defensibility.
The briefing will focus on the primary legal duties owed by the corporate entity and its directors and managers personally. It consists of seminar based learning process enhanced by audio-visual video footage of a company director of a food manufacturing business, being cross examined by a specialist health and safety barrister in the context of a criminal trial.
Delegates will be given an understanding of what the legal duties entail, what is likely to constitute a breach thereof and how best to ensure compliance through strong and effective managerial governance.
Directors and Senior Managers who are actively involved in the creation, implementation and funding authorisation of the business’s overall health and safety strategy.
For further information please contact: jason.burt@wtwco.com
