Proved by recent case: your legal position is more defensible when you have efficient Health & Safety management systems and procedures in place to identify and manage foreseeable risks.
You are an international company with 11-digit earnings every year.
One of your two 'world centres' is a multi-storey riverside landmark with 2 nine-storey wings.
You 'forget' to keep your fire risk assessments up-to-date for three years.
You have two fires break out in your building and yet when the inspectors undertake a follow-up visit, you still have blocked escape routes and defective fire doors.
They find 'extensive breaches' of the Regulatory Reform (Fire Safety) Order 2005 (The Order) and, as a result, you are convicted at Crown Court, fined £300,000 plus costs and have to pay your own legal costs.
The fine is the largest ever imposed under the Order.
Assistant London Fire Commissioner Steve Turek says of you;
"(They) failed to respond properly to their risk assessment for three and a half years and had it not been for the fires which led to the inspection, it could have been considerably longer."
"Had (they) acted upon the findings of the 2003 risk assessment at the time, they would have avoided putting their staff at risk."
Whatever your company, whether you're Royal Dutch Shell or another top brand, this is not the type of publicity you want.
The Order applies to all business premises (in Scotland, the Fire (Scotland) Act, 2005), and, as Shell found to their cost, 'forgetting' is no defence in law.
Fortunately, no one was injured in either fire but Shell lost the use of parts of the building which were sealed off following the fires until they could be made safe.
Now consider what would be the situation if someone had died as a result of these fires.
If Shell had been found guilty under the Corporate Manslaughter and Corporate Homicide Act 2007, it is possible that the fine could have reached £2.2bn.
So what should you do?
1. Ensure that all of your risk assessments (fire, general and specific) are up to date and are suitable and sufficient
2. Review your risk assessments on a regular basis and record the results of such reviews
3. Take the appropriate action to address risks identified and make sure that you have a fire and risk safety management plan and that it is implemented;
4. Undertake regular fire patrols to ensure that all fire safety equipment and systems are available and functioning.
Manage Moving Health & Safety Targets With HSSmart
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management system, so you can identify those foreseeable risks and hazards.
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