©Apodi Limited 2008 Apodi Overview Presentation. ©Apodi Limited 2008 About Apodi Specialist provider of outsourced business solutions, primarily to the.

©Apodi Limited 2008

Apodi

Overview Presentation


About Apodi

• Specialist provider of outsourced business solutions, primarily to the Pharmaceutical and Healthcare Markets

• We provide outsourced or distinct assignment based people solutions


Apodi Service Areas

Fin

an

ce


Our Clients & Assignments

An example of some current recruitment campaigns with our Pharmaceutical & Healthcare customers


Apodi Core Team

Sharon SunleyDirector of HR

10 years HR in NHS then 18 years experience at HR Director level in IT and Pharmaceutical industries

Gillian MorganHead of Resourcing

Services24 years senior

operational, resourcing and development experience

Tony SwiftManaging Director

Highly successful business leader specialising in professional services

Sarah JonesHR Manager

15 years experience in HR & Training

Lynn JeggoHead of Marketing

Services17 years Marketing &

Business Development

Lynne SullivanFounder Director

Extensive experience in finance and admin services

to a range of industry services

+HR Managers

Resourcing ManagersAnd a full administration team


Employer’s “Duty of Care”


Agenda

• What is ‘Duty of Care’?• Legal Responsibilities• Best Practice• Driving at Work• Corporate Manslaughter• Stress• Case Study• Summary


What is Duty of Care?

• Health & Safety at Work Act 1974 contains the criminal law duty owed by an employer to it’s employees….“to ensure, so far as is reasonably practicable, the health, safety and welfare at work of it’s employees”

• Employer’s also have duty of care to non-employees:–The self-employed–The employees of other organisations working closely with their own employees

–Members of the public who maybe affected by their business activities

• Employees also have duty of care to:–Take reasonable care to avoid injury to themselves or to others–Co-operate with their employer and others in meeting statutory requirements

–Not misuse or interfere with anything provided to protect their safety or welfare


Legal Responsibilities

• Employer’s general duty extends to (but is not limited to):

– Provision of:• Information, instruction, training and supervision• Welfare facilities and arrangements• Systems of work• Arrangements for the use, handling, storage & transportation of

articles and substances

– Maintenance of:• Machinery, equipment and appliances• Workplaces under the employer’s control• The working environment



• Duty of care extends to physical and mental injuries including work related stress– Duty of care owed to each employee as an individual– Cannot adopt “one shoe fits all” approach

• Consider what employer actually knows and what they should know

• Level of care should be that which “an ordinary and prudent employer would take in the circumstances”


Best Practice

• Risk control– No-one has to actually be injured to bring a successful

prosecution, just prove there was a risk / breach

• Conduct regular risk assessments with staff in relation to their current role including systems of work

• Ensure systems of work reflect actual working practices

• Conduct regular risk assessments at all premises to include the environment and any machinery

• Warning notices


Risk Assessments

• Careful examination of what work activities can cause harm to people

• Appropriate to your organisation• Not over complex or technical• Carried out by a competent person• Conducted regularly• Document and follow up• Minimise risks• Risks cannot always be completely removed


Driving at Work


• HSAWA Duty of care• To ensure the health and safety of all

employees at work• Manage health & safety effectively• Does not apply to commuting


Best Practice

• Ensure health & safety policy covers work-related road safety and accident reporting procedures

• Communicate policies to relevant employees• Regularly check driver documentation

– Driving licence– MOT– Insurance

• Driver’s handbook• Assess competency of drivers

– Driver awareness training

• Monitor journey times / distance driven• Prohibit use of mobile phones


Corporate Manslaughter Act

007

• Scotland – Corporate Homicide Act • Guilty if way in which “activities are managed or

organised causes a death amounting to a gross breach of duty of care to the deceased”

• New Act de-personalises the offence• Enables an organisation to be assessed on a wider basis• Guilty party – the organisation• Focus on management systems and practices• No imprisonment• Unlimited fine – 10% of annual turnover?• Remedial and / or publicity order


Corporate Manslaughter

• 30 companies prosecuted under old system and fined between £4,000 - £90,000 – Keymark Haulage

• Large organisations escaped liability – P&O Herald of Free Enterprise


Best Practice

• Ensure compliance with industry standards & codes of practice

• Review company’s policies and procedures particularly in relation to vehicles and work-related driving

• Review quality procedures as legislation also relevant to supply of defective goods

• Conduct & document regular risk assessments

• Ensure awareness of health & safety reporting procedures

• Review job descriptions to determine who would be considered as “senior management” and ensure they understand their responsibilities

• Appoint one director as “Health & Safety Director”

• Check employer’s insurances


Stress

• Duty of care extends to work related stress

• Increasing problem for employers

• Exposes the organisation to claims under HSAWA & DDA– Northumberland County Council settled claim for £175,000– Deutsche Bank ordered to pay over £850,000

• Must be a serious breach of duty of care for claim to succeed

• Employee would have to establish that employer knowingly put employee in stressful situation


Best Practice

• It’s good to talk!– Field visits, 1:1’s, Appraisals, Return to Work Interviews

• Conduct risk assessment

• Make “reasonable adjustments”

• Document all discussions / meetings

• Involve HR/GP/OH at earliest opportunity

• Promote / package compliance driven benefits as genuine benefits– Employee advice line– Flexible working– Occupational health

• Adopt a “well-being”culture– Lunch time activities – Healthy eating– Citigroup - health centre

• Beware!


Case Study

Judy is a Medical Rep and joined 6 months

ago, she has been complaining that she does not have the support from the company to do her job. Now she has sent in a note from her doctor to say she has been signed off with stress.

As her line manager, what should you do?

The absence continues, and her territory is suffering, can you dismiss her?


Case Study

Steve is a Medical Rep and takes the car allowance

and uses his own car for business. He has just been involved in a car accident whilst on business and using his blue tooth. It also transpires that he did not have adequate car insurance.

Do you think your company is liable?

What policies should you put in place for non- company car drivers for the future?


Case Study

You’ve just had your staff annual sales conference and a lot of alcohol has been consumed at the evening gala event. The next morning Reps head off back home some are probably still over the limit!

Should that be a concern to your organisation or is that the individuals responsibility?


Summary

• Employers have duty of care to employees, contractors and members of the public

• Duty of care extends to both physical and mental conditions including work related stress

• Minimise risks by:– Appointing a Health and Safety Officer / Contractor– Communicating relevant policies and procedures regularly– Conducting regular risk assessments (both group and

individual)– Fostering a “well-being” culture

©Apodi Limited 2008 Apodi Overview Presentation. ©Apodi Limited 2008 About Apodi Specialist provider of outsourced business solutions, primarily to the.

Documents

apodi limited

employers duty of care

welfare slide

finance slide

commuting slide

working environment

administration team

work activities