Case law has shown that employers must protect people from harm to their health through exposure to noise, vibration, asbestos and other harmful substances as well as from accidents. Increasingly, employers have learned that they also have a duty of care to protect people’s mental health. Some organisations have attempted to ‘contract out’ their responsibilities to consultants or contractors. However, case law shows that organisations remain responsible. For example, when a quarrying company was charged with having inadequate risk assessments for respirable silica exposure, the management thought that the consultant appointed to look at health risks would be wholly responsible. The consultant was fined, but so was the employer. The HSE Principal Inspector pointed out: “You cannot outsource your responsibilities — the duty of care remains with you as an employer.” Since the change in the sentencing guidelines for health and safety offences , there has been a noticeable increase in fines, and in the number and duration of custodial penalties. More people are going to jail for longer for health and safety offences. Jail sentences commonly range from a few weeks up to three years, although the courts have the power to jail people for up to 18 years . If the worst happens and someone dies at work, the more evidence you have that all reasonable measures have been taken to prevent harm, the lower the sentence – and the less likely that someone goes to jail. Here, Engage EHS CEO, Darragh Geoghegan, looks at 5 questions you might need to answer to keep you or your directors out of jail. 1. Can you find all your risk assessments and show they have been reviewed appropriately? It is a legal requirement to identify hazards and appropriate controls, and to document the significant findings. Most people do this through tabulated risk assessments. But where are they stored, and how are they used? Have the risk assessments been reviewed recently? Who was involved? I’ve challenged some suppliers about the suitability of their risk assessments, only to be told that the writer no longer works for the organisation, and no one resources else is prepared to defend the assessment!https://www.shponline.co.uk/blog/duty-of-care-5-questions-you-might-need-to-answer-to-keep-you-or-your-directors-out-of-jail/
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“I found out that Lorena had such a strong tradition of excellence, not only in the classroom, but also with their sports programs,” Rolf said. “I really wanted to be a part of that. I wasn’t looking to leave Midway, it was a great district. But I heard so many positive things about Lorena that I wanted to take a crack at it.” So, Rolf landed the job, and he didn’t mess it up. Not only did he continue that tradition of excellence, as he dubbed it, but he built on it. The first-year head coach led the Lady Leopards to a perfect regular season, a district title as a 3A school playing against 4A competition, and a trip to the third round of the playoffs before Lorena fell to eventual state qualifier Salado, 2-1. For his sage orchestration, Rolf is the Super Centex Coach of the Year. Lorena ISD hired Rolf last summer, and he fortunately got to know many of his new players through strength and conditioning workouts in those hot, out-of-school months. As time went on, they got to know each other better and better. “I think as we went further along throughout this season, each of the players began to understand their roles really well, in holding to their positions and knowing how we want to play our game and our strategy,” Rolf said. “I think as they improved on that we got better and better and stronger in those roles.” Rolf said that the team set an initial goal of winning district, and the Lady Leopards breezed to that achievement, going 10-0 while outscoring their league foes, 57-1. That momentum spilled over to the postseason, and should give Lorena something upon which to build for 2022. “I’m glad we had a little bit of a run in the playoffs,” Rolf said. “I’d like to — in the long term — build up the program and get more kids interested, especially at a younger age. We have a lot that come in and start soccer much later, sometimes their freshman year of high school we’re teaching them how to play soccer.” Rolf actually spends part of his school day working with Lorena's middle school athletes. So, the coach has already started pouring the foundation for future success. Moreover, just having a year under his belt as a head coach should be beneficial. “I learned a lot, obviously being at a new school, seeing how things worked,” he said. “Obviously, working with girls. I really look forward to next year.https://wacotrib.com/sports/high-school/super-centex-girls-soccer-team-bushs-high-level-production-marked-by-blue-collar-attitude/article_c587338e-adfb-11eb-b4e5-f32c22fde7d7.html