The importance of compliance after Buncefield

21.07.10

 

 

High profile cases such as Buncefield promote debate and generate strong opinions. The publicity can be used as a reminder of the importance of compliance and the consequences of ignoring risk. Actions that organisations may consider taking to improve compliance include:

  • Ensuring that the board regularly reviews health, safety and environmental issues. Make it an agenda item on a regular basis. The board must take ultimate responsibility for checking that the health, safety and environmental function across the organisation is being adequately carried out. Where appropriate, any discussions on these matters should be recorded in the minutes of the meeting. Any action points agreed upon should given a timeline for compliance and it should be clearly communicated who is to be responsible for any action agreed
  • Keeping health, safety and environmental issues at the top of any "to do" list. Preventing accidents from happening (fatal or otherwise) is the best form of defence. Test whether your procedures are likely to withstand detailed examination. Have you audited compliance recently to make sure that procedures are actually being followed on the ground? Do you understand what could go wrong? Do you know what systems are in place to prevent this happening? Are you getting the right information to ensure they are working effectively?
  • Cultivating a strong health and safety culture in which everyone within an organisation takes responsibility for the health and safety of themselves and others
  • Engaging the active participation of workers in improving health and safety. Liaise with them on health and safety issues. Listen and act upon concerns raised
  • Considering how successfully the safety management system has been operating to date and whether any improvements in procedures for health, safety and environmental issues can be made
  • Reviewing risk assessments - are they still valid, are they still relevant, are people involved aware of their existence?
  • Considering any further controls be introduced or reinforced as a result of reviewing the risk assessments
  • Having in place an effective system for the reporting of faults and the monitoring of repairs
  • Putting in place an accident management plan. This is likely to involve, among other things, training staff in how to deal with investigating authorities, instructing solicitors and experts at the earliest opportunity to managing any reputational issues that may arise
  • Increasing training where appropriate
 

Key Contact

Andrew Litchfield, partner, +44 (0)121 685 2780, andrew_litchfield@wragge.com

This action may contain information of general interest about current legal issues, but does not give legal advice.