Sound Safety Management and Safety Leadership

3566 words (14 pages) Essay

27th Sep 2017 Health Reference this

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Summative Essay Assessment

Characteristics of Sound Safety Management and Safety Leadership

Student Name: France Ogagarue, M00500858

1.0 Introduction

Safety management this summative essay analysis (OSHMS) characterize safety management systems in occupational safety and health, is extremely important for industry put together legislation that have become familiar with including the right requirements for risk and hazard appraisal, consultation, training requirements and implementing risk controls, also creature able to defined and determined the elements of management systems in relation to risk and hazard district in the workplace to employees, customers, and the community, as low a level as reasonably practicable, in agreement with the (MHSW, Act 1999)

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According to (Redinger and Levine, 1998) research study saying when we talk about the management of health and safety, what do we want to manage, and for what reason clearly the final objective is to prevent injury and illness in an organized method, are management will be able to manage risk and hazard from the workplace, i.e. work activity, work machinery equipment, and also the people within the organisation both management staff and employees.

Safety management, in adding these are subject condition of the workplace, condition of work equipment, and the safe industry organisation, management and achievement of work performance by the workforce and safety managements which is the key elements that make up the organisation. For examples:

  • The workplace environment.
  • The person and.
  • The management systems.

In safety management consequently these are the three main areas to appraisal processes in order to manage risk and hazard in the workplace, recognition, evaluation, strength of mind of an adequacy of controls allows the recognition of the risk and hazard profile within the safety management systems.

According to (Dr Deming’s Cycle) characteristics safety management by implementing philosophy of the Plan, Do, Check, and Act approached and shows how it can help organisation accomplish equilibrium between the systems and behavioural aspects of safety management, it help to improve safety management systems in continue improvement in organisation.

Safety Leadership

(Ardichvili, A, & Kuchinke, K.P. 2002) distinct safety leadership as the practice of relations between leaders and followers, through which leaders can apply their influence on followers to accomplish organisation safety goals under the state of affairs of organizational and individual factors, also (Yule et al. 2007) analysis that safety leadership is one of the input determinants of employee’s well being and is fundamental to promote and satisfying a safe and healthy place of work for employees.

(Yukl, G. 1989) it’s significant that the senior managers seek to show effective safety and health leadership alongside and included with their others responsibilities and duties therefore, effective safety leadership is about securing the health, safety and welfare of all staff by reducing risk and ensuring protection from harm or illness arising out of work activities, in adding up, safety leadership duties is to give planned and direction for the management of safety and health in their organization and also to encourage staff to engage effectively in ensuring good safety and health performance.

(Allio, R.J. Vol. 37. No 2. 2009) believed safety leadership must involve seriously with their safety responsibility for the concern of a positive prevention of safety culture and this will involve them to employ a range of safety leadership styles, which can take account including the emotional aptitude necessary effect changes in culture and in behaviours in the organisation.

Moreover, safety leadership must have good standards multi level consultation and communication skills to the delivery the improvements in (OSH) and encourage between internal and external within the organisation to delivery safety policy issue and standards.

1.1 Poor Safety Management or Safety Leadership

The fundamental description impact of poor safety management or safety leadership standards within an organisation, can be capable of cause damage or financial injure as well as causative to poor operation and financial concert in the work-place and can also cause frequent negative penalty for employees, its can lead to health and safety offence, the organisation can be prosecuted under section (37 of the Health and Safety at Work etc Act 1974 / Regulation 5, MHSWR), for poor management or leadership approach of health and safety standards within their organisation for examples, the costs of poor impact of safety management or leadership in organisation cost more than 250 peoples are killed at workplace in Great British each year’s analysis by. (Redinger and Levine, 1998)

(O, Dea. A, and Flin, R. 2003) articulate poor impact of safety management or safety leadership unsuccessful to implement, safety culture is others terrible causal performance to poor management or leadership factors in organisation.

Further examples analysis, of impact of poor safety management or safety leadership as follows,

  1. Examples, impact of poor concert of safety management or safety leadership was other failure causal factor in Shell BP Deepwater Horizon Oil Spill disaster (2010) at the Gulf of Mexico, which has result in lack of clear management or leadership answerability for health and safety.
  2. Examples, impact of poor performance of safety management or safety leadership lead to the relationship to British Rail Train Crash Disaster at Clapham Junction 1988.
  3. Examples, impact of poor routine of safety management or safety leadership at Balfour Beatty Civil Engineering Ltd, contribute to the collapse of three tunnels during the construction stage at Heathrow Express Railway Link 1999.
  4. Example, impact of poor safety management or safety leadership linked to the root cause of Marks & Spencer Stores in Reading were customers and staffs were expose to asbestos.

1.2 Principles of Safety Legislation and other Requirements

The legislation require organisation have to establish put into practice and maintain a procedures for identifying and accessing current and emerging legal and other (OH&S) requirements and regulation that are applicable to its performance and service, the organisation subscribe are taken into account in establish consultation and communication information up to dated for health and safety legal review.

Legal Duties on Employers

The Health and Safety at Work etc Act 1974 and Management Health and Safety at Work Regulation Act 1999, place duties on employer (Article Sections 2 (3)-(5) employer must ensure, so far as its reasonably best practicable, the health, safety and welfare at work of his employee’s, well-being, the provision and maintenance of plant and machinery tools equipments, safe systems of working environments, that are, so far as is reasonably practicable, safe without risks to health, also provide a written information of health and safety policy if they employ five or more people in their organisation, in relationship to instruction, training and supervision and monitoring, handling, storage and transportation of chemical article and substance.

1.3 Duties on Safety Advisers

The health and safety advisers require encompass standing and capability to advice management and employee’s or their representatives with authority and self government i.e.

  • Advice and developing health and safety policies not just for active activities, but also with respect to new acquisition or safety processes.
  • Advice how organisation can encourage a positive health and safety culture and secure the effective implementation of health and safety policy.
  • Advice on planning for health and safety, aim and objective, decide priorities and establishing sufficient systems and performance safety standards.
  • Advice on day to day running and monitoring of safety policy in organisation, investigation of accident and incident matter.
  • Advice on review of safety performance and safety audit of the whole health and safety managements system.

Communication

The safety management or safety leadership in organisation throughout, the process of safety communication and safety consultation must encourage participation in good health and safety practice, and support for its (OH&S) objectives from persons affected by its performance or interested in safety management system.

The organisation communication process must make available for the flow of health and safety information, upwards and downwards and across the organisation it must make available for both the gathering and the broadcasting of safety information ensure that it must (OH&S) information is provide received and understands by all relevant persons involve in the organisation activities.

Consultation

Consultation is the procedure by which safety management or safety leadership and other persons or their representative together consider and discuss health and safety issues of communal concern, it involves seeking satisfactory solutions to problems through the general exchange of views and information from internal to external managements.

1.4 Safety Policy

Legal Requirements

The organisation must recognize all legal requirements applicable to the execution of the safety policy requirements to which it subscribes in line with (HSG65) Standards.

Article Sections 2(3) HSWA 1974, involve prepare a written health and safety policy i.e.

  • Contain a general statement of intent.
  • Organisation role and responsibilities.
  • Arrangements for carrying out the policy.

Article Sections Regulation 5, MHSWR

  • Requires an employer to make necessary arrangements for the effective planning, risk control measure, monitoring and review of safety policy.
  • These measures must be recorded where the employer has 5 or more employee’s.

(BSOHS as 18001:2007) successful policy must show the organisation commitment to (OH&S) establish and largely sense of direction and must direct the setting of aim and objective against which all consequent actions will be evaluated. It must add to all aspects of organisation business routine as part of a demonstrable commitment to continual improvement and development of human factors, as well as the culture, attitude and beliefs within organisation requirement, top management must identify and authorize the organisation (OH&S) policy and ensure within the describe scope of its management system.

The policy statement must be sign and dated by top management with accountability for (OH&S) depending on the size and type of the organisation and the risks and hazards associated with the organisation, the legal policy and policy statement must be review, revalidated and where necessary revise by top management, it must be communicate and made willingly accessible to all persons at their place of work and made obtainable to relevant interested parties.

Policy Statement of Intent

Organisation aim to achieve management commitment to health and safety and set clear aims and objective to be achieved, and also address specific health, safety and welfare issue provide all necessary resources to achieve the policy objective of the organisation.

Policy Organisation

Specific roles and functions of CEO or MD relation to managing health and safety, and all employees personal responsibilities in the organisation,

Policy Arrangement

This section must contain the general and more specific arrangement to ensure that the policy can be implementing successfully, e.g, manual handling, emergency procedures, first aid provision, accident reporting and inspection, monitoring auditing of the organisation.

Key Elements of Health and Safety Policy Management Systems

Figure: 3. Sources: (HSG65) Management System Models Flow Chart

Policy

A statement of commitment and apparition by the organisation which create a structure for responsibility that is adopt and led by senior management staff.

Organising

The description of the organisational structure allocation of (OSH) everyday jobs to employees related to operational controls, and ways of ensure competence, traning and consullation.

Planning

There is a planned and systematic approach to implementing the health and safety policy throughout an effective health and safety management systems, plan for identifying risks and hazards, controls and emergencies procedures.

Measuring

Performance is measured beside agreed standards to reveal when and where health and safety improvement is needed in the key elements of the organisation.

Auditing

The organisation study from all relevant experience and apply the course basis of regulation and comply with sections 2 to 6 of the Health and Safety at Work (Act 1974).

1.5 Case Studies

Breach of Duty and Cost / Criminal Legal Action

Health and Safety Executives (HSE) v Shell BP Deepwater (2010)

The Facts

Shell BP Deepwater Horizon oil spill disaster (2010) at the Gulf of Mexico, health and safety executive officers holds investigation concerning incident of spill of oil at Gulf of Mexico, which involve eleven die as a result of the incident and others were injured, the risk assessment report acknowledged that a flawed well plan inadequate quantity of cement used in the construction project, contribute to fault of the pig out preventer as immediate causes to the incident etc.

The Decision

Verdict

By His Honour Judge setting in the 5th Circuit Court on the 20th April (2010) its involves consideration of the construction of Regulation 9 of the provision and use of work machinery equipment Regulation 1998, which provide Shell BP Deepwater have breaches by employer Regulation under implication of Sections 36 and 37 of HSWA and MHSW Regulation 21 offences falls (under Section 2 as well as employee Section 7) & (Environment Management Regulation ISO 14001) The judges them embark on a long thought to give judgement of the court refer to Criminal Evidence Act 1984, Shell BP managements guilty for breaches of regulation above in all sections, and must pay compensation to a number of community involve in the oil spill at the Gulf of Mexico, and the criminal fines for Shell BP managements is 1.5 billion after Shell BP managements pleaded guilty.

Breach of Duty / Criminal Legal Action

Health and Safety Executives (HSE) v British Rail Train (1991)

The Facts

Leading to impact of poor concert of safety management or safety leadership link to the relationship to British Rail Train Crash Disaster at Clapham Junction 1988.

By His Honour Judge setting in High Court of Justice on 14th of June 1991 at the old Bailey in connection to the poor impact of safety management or safety leadership lead to the British Rail train crash disaster at Clapham junction date above, health and safety executive officers, and police officers holds investigation with respect to the incident of the train disaster in Clapham junction, the investigation evidence show the instant reason was a signal failure caused by on training technician failing to isolate and remove a wire from the rain track in which lead to the die of 30 peoples.

The Decision

Verdict

The Honour Judge give its judgement of the court decision to British Rain Train Breach of HSWA Act 1974 (under Section 2 as well as Section 3) & (MHSW Regulation (5) 1999) for poor implementation of safety management or safety leadership which channel the instant reason and contributing causes incorporated humiliation of working practices, problem with safety training, and communication standards and poor health and safety supervision contribute to the die of 30 peoples during the train crash disaster at Clapham junction.

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British Rain Train Board was fine guilty to pays £200.000 and also pays big compensation to families member involve in the train crash disaster at Clapham junction, guilty of reckless disregard for health and safety of employees, and member of public, reckless disregard for safety, mean doing or omitting to do some things which one recognises is likely to cause serious harm.

Criminal Legal Action

Heathrow Airport v Balfour Beatty Civil Engineering Ltd, (1994)

The Facts

The poor implementation of safety management or safety leadership at Balfour Beatty Civil Engineering Ltd, make a payment to the collapse of three tunnels during the construction stage at Heathrow Express Railway Link, dated 21th October 1994. Heathrow Airport Managements Staff, investigate the root course of the collapse of the tunnels, the main cause was lack of health and safety management systems in organisation safety policy, inappropriate safety supervision and control measure during the construction phase of the Heathrow Express Railway Link project.

The Decision

Verdict

The Honour Judge setting in Central Criminal Court ruled out its verdict to the court room that Balfour Beatty Civil Engineering Ltd, Breach Regulation Article Sections 2(3) HSWA 1974, and Article Sections Regulation 5, MHSWR, due to lack of poor health and safety management systems in their organisation safety policy, criminal evidence Act 1984, show Balfour Beatty Civil Engineering Ltd, was the main civil engineering contractor dealing with the Heathrow Express Railway Link Project. Balfour Beatty Civil Engineering Ltd, pleaded guilty for breach of Regulations the company convicted and was fine £750.000 for failure to improve health and safety standards.

Breach of Duty / Criminal Legal Action

Customers and Staff v Marks & Spencer Stores in Reading (2006)

The Facts

Defence solicitors of customers and staff summon Marks & Spencer management to Winchester Crown Court regards criminal act fault to protect their customers and staff from potential exposure to asbestos, during the refurbishments at their stores in reading in 2006 resulting to customers and staff suffering health effect leading to some staff absent from workplace.

Examination of incidents reports at the stores evidence from defence solicitors demonstrate Marks & Spencer management and leadership fail to carry out risk assessment in the reading stores, in adding up risk control measure are not in place to guard or shield customers and staff for expose to the asbestos substances.

The Decision

Verdict

The Honour Justice setting in Winchester Crown Court rules its verdict aligned with the criminal evidence, from defence solicitors demonstrate Marks & Spencer management, fail to carry out their duty of care to employees and their customers, thereby convicted of the criminal offences charges under the HSWA Act 1974 for failing to ensure so far as its reasonable practicable the health, welfare and safety of its staff and others at the reading store, Marks & Spencer management pleaded guilty for offence was fine £450.000.

  1. Conclusion

The summative essay characterize employers have a general health and safety duty, as far, as it’s reasonable practicable to ensure safety responsibility of management or leadership in order to secure high standards of (OSHMS) in their organisation, as well as implementing health and safety policy and welfare, improve general well-being of employees and job contentment, good (OSHMS) needs to been recognise as a core financial area to every organisation safety policy.

In adding up, impact of poor safety management or leadership in organisation standard contributed to failure issue to Shell BP Deepwater oil spill disaster (2010) which has effect eleven die as a result of the incident and others were injured, due to poor management or leadership communication and consultation of (OSHMS), criminal legal action was taking by (HSE) against Shell BP Deepwater, breach of employer duty of care and cost to organisation,

Shell BP managements pleaded guilty to offences.

Summative Essay Assessment

Characteristics of Sound Safety Management and Safety Leadership

Student Name: France Ogagarue, M00500858

1.0 Introduction

Safety management this summative essay analysis (OSHMS) characterize safety management systems in occupational safety and health, is extremely important for industry put together legislation that have become familiar with including the right requirements for risk and hazard appraisal, consultation, training requirements and implementing risk controls, also creature able to defined and determined the elements of management systems in relation to risk and hazard district in the workplace to employees, customers, and the community, as low a level as reasonably practicable, in agreement with the (MHSW, Act 1999)

According to (Redinger and Levine, 1998) research study saying when we talk about the management of health and safety, what do we want to manage, and for what reason clearly the final objective is to prevent injury and illness in an organized method, are management will be able to manage risk and hazard from the workplace, i.e. work activity, work machinery equipment, and also the people within the organisation both management staff and employees.

Safety management, in adding these are subject condition of the workplace, condition of work equipment, and the safe industry organisation, management and achievement of work performance by the workforce and safety managements which is the key elements that make up the organisation. For examples:

  • The workplace environment.
  • The person and.
  • The management systems.

In safety management consequently these are the three main areas to appraisal processes in order to manage risk and hazard in the workplace, recognition, evaluation, strength of mind of an adequacy of controls allows the recognition of the risk and hazard profile within the safety management systems.

According to (Dr Deming’s Cycle) characteristics safety management by implementing philosophy of the Plan, Do, Check, and Act approached and shows how it can help organisation accomplish equilibrium between the systems and behavioural aspects of safety management, it help to improve safety management systems in continue improvement in organisation.

Safety Leadership

(Ardichvili, A, & Kuchinke, K.P. 2002) distinct safety leadership as the practice of relations between leaders and followers, through which leaders can apply their influence on followers to accomplish organisation safety goals under the state of affairs of organizational and individual factors, also (Yule et al. 2007) analysis that safety leadership is one of the input determinants of employee’s well being and is fundamental to promote and satisfying a safe and healthy place of work for employees.

(Yukl, G. 1989) it’s significant that the senior managers seek to show effective safety and health leadership alongside and included with their others responsibilities and duties therefore, effective safety leadership is about securing the health, safety and welfare of all staff by reducing risk and ensuring protection from harm or illness arising out of work activities, in adding up, safety leadership duties is to give planned and direction for the management of safety and health in their organization and also to encourage staff to engage effectively in ensuring good safety and health performance.

(Allio, R.J. Vol. 37. No 2. 2009) believed safety leadership must involve seriously with their safety responsibility for the concern of a positive prevention of safety culture and this will involve them to employ a range of safety leadership styles, which can take account including the emotional aptitude necessary effect changes in culture and in behaviours in the organisation.

Moreover, safety leadership must have good standards multi level consultation and communication skills to the delivery the improvements in (OSH) and encourage between internal and external within the organisation to delivery safety policy issue and standards.

1.1 Poor Safety Management or Safety Leadership

The fundamental description impact of poor safety management or safety leadership standards within an organisation, can be capable of cause damage or financial injure as well as causative to poor operation and financial concert in the work-place and can also cause frequent negative penalty for employees, its can lead to health and safety offence, the organisation can be prosecuted under section (37 of the Health and Safety at Work etc Act 1974 / Regulation 5, MHSWR), for poor management or leadership approach of health and safety standards within their organisation for examples, the costs of poor impact of safety management or leadership in organisation cost more than 250 peoples are killed at workplace in Great British each year’s analysis by. (Redinger and Levine, 1998)

(O, Dea. A, and Flin, R. 2003) articulate poor impact of safety management or safety leadership unsuccessful to implement, safety culture is others terrible causal performance to poor management or leadership factors in organisation.

Further examples analysis, of impact of poor safety management or safety leadership as follows,

  1. Examples, impact of poor concert of safety management or safety leadership was other failure causal factor in Shell BP Deepwater Horizon Oil Spill disaster (2010) at the Gulf of Mexico, which has result in lack of clear management or leadership answerability for health and safety.
  2. Examples, impact of poor performance of safety management or safety leadership lead to the relationship to British Rail Train Crash Disaster at Clapham Junction 1988.
  3. Examples, impact of poor routine of safety management or safety leadership at Balfour Beatty Civil Engineering Ltd, contribute to the collapse of three tunnels during the construction stage at Heathrow Express Railway Link 1999.
  4. Example, impact of poor safety management or safety leadership linked to the root cause of Marks & Spencer Stores in Reading were customers and staffs were expose to asbestos.

1.2 Principles of Safety Legislation and other Requirements

The legislation require organisation have to establish put into practice and maintain a procedures for identifying and accessing current and emerging legal and other (OH&S) requirements and regulation that are applicable to its performance and service, the organisation subscribe are taken into account in establish consultation and communication information up to dated for health and safety legal review.

Legal Duties on Employers

The Health and Safety at Work etc Act 1974 and Management Health and Safety at Work Regulation Act 1999, place duties on employer (Article Sections 2 (3)-(5) employer must ensure, so far as its reasonably best practicable, the health, safety and welfare at work of his employee’s, well-being, the provision and maintenance of plant and machinery tools equipments, safe systems of working environments, that are, so far as is reasonably practicable, safe without risks to health, also provide a written information of health and safety policy if they employ five or more people in their organisation, in relationship to instruction, training and supervision and monitoring, handling, storage and transportation of chemical article and substance.

1.3 Duties on Safety Advisers

The health and safety advisers require encompass standing and capability to advice management and employee’s or their representatives with authority and self government i.e.

  • Advice and developing health and safety policies not just for active activities, but also with respect to new acquisition or safety processes.
  • Advice how organisation can encourage a positive health and safety culture and secure the effective implementation of health and safety policy.
  • Advice on planning for health and safety, aim and objective, decide priorities and establishing sufficient systems and performance safety standards.
  • Advice on day to day running and monitoring of safety policy in organisation, investigation of accident and incident matter.
  • Advice on review of safety performance and safety audit of the whole health and safety managements system.

Communication

The safety management or safety leadership in organisation throughout, the process of safety communication and safety consultation must encourage participation in good health and safety practice, and support for its (OH&S) objectives from persons affected by its performance or interested in safety management system.

The organisation communication process must make available for the flow of health and safety information, upwards and downwards and across the organisation it must make available for both the gathering and the broadcasting of safety information ensure that it must (OH&S) information is provide received and understands by all relevant persons involve in the organisation activities.

Consultation

Consultation is the procedure by which safety management or safety leadership and other persons or their representative together consider and discuss health and safety issues of communal concern, it involves seeking satisfactory solutions to problems through the general exchange of views and information from internal to external managements.

1.4 Safety Policy

Legal Requirements

The organisation must recognize all legal requirements applicable to the execution of the safety policy requirements to which it subscribes in line with (HSG65) Standards.

Article Sections 2(3) HSWA 1974, involve prepare a written health and safety policy i.e.

  • Contain a general statement of intent.
  • Organisation role and responsibilities.
  • Arrangements for carrying out the policy.

Article Sections Regulation 5, MHSWR

  • Requires an employer to make necessary arrangements for the effective planning, risk control measure, monitoring and review of safety policy.
  • These measures must be recorded where the employer has 5 or more employee’s.

(BSOHS as 18001:2007) successful policy must show the organisation commitment to (OH&S) establish and largely sense of direction and must direct the setting of aim and objective against which all consequent actions will be evaluated. It must add to all aspects of organisation business routine as part of a demonstrable commitment to continual improvement and development of human factors, as well as the culture, attitude and beliefs within organisation requirement, top management must identify and authorize the organisation (OH&S) policy and ensure within the describe scope of its management system.

The policy statement must be sign and dated by top management with accountability for (OH&S) depending on the size and type of the organisation and the risks and hazards associated with the organisation, the legal policy and policy statement must be review, revalidated and where necessary revise by top management, it must be communicate and made willingly accessible to all persons at their place of work and made obtainable to relevant interested parties.

Policy Statement of Intent

Organisation aim to achieve management commitment to health and safety and set clear aims and objective to be achieved, and also address specific health, safety and welfare issue provide all necessary resources to achieve the policy objective of the organisation.

Policy Organisation

Specific roles and functions of CEO or MD relation to managing health and safety, and all employees personal responsibilities in the organisation,

Policy Arrangement

This section must contain the general and more specific arrangement to ensure that the policy can be implementing successfully, e.g, manual handling, emergency procedures, first aid provision, accident reporting and inspection, monitoring auditing of the organisation.

Key Elements of Health and Safety Policy Management Systems

Figure: 3. Sources: (HSG65) Management System Models Flow Chart

Policy

A statement of commitment and apparition by the organisation which create a structure for responsibility that is adopt and led by senior management staff.

Organising

The description of the organisational structure allocation of (OSH) everyday jobs to employees related to operational controls, and ways of ensure competence, traning and consullation.

Planning

There is a planned and systematic approach to implementing the health and safety policy throughout an effective health and safety management systems, plan for identifying risks and hazards, controls and emergencies procedures.

Measuring

Performance is measured beside agreed standards to reveal when and where health and safety improvement is needed in the key elements of the organisation.

Auditing

The organisation study from all relevant experience and apply the course basis of regulation and comply with sections 2 to 6 of the Health and Safety at Work (Act 1974).

1.5 Case Studies

Breach of Duty and Cost / Criminal Legal Action

Health and Safety Executives (HSE) v Shell BP Deepwater (2010)

The Facts

Shell BP Deepwater Horizon oil spill disaster (2010) at the Gulf of Mexico, health and safety executive officers holds investigation concerning incident of spill of oil at Gulf of Mexico, which involve eleven die as a result of the incident and others were injured, the risk assessment report acknowledged that a flawed well plan inadequate quantity of cement used in the construction project, contribute to fault of the pig out preventer as immediate causes to the incident etc.

The Decision

Verdict

By His Honour Judge setting in the 5th Circuit Court on the 20th April (2010) its involves consideration of the construction of Regulation 9 of the provision and use of work machinery equipment Regulation 1998, which provide Shell BP Deepwater have breaches by employer Regulation under implication of Sections 36 and 37 of HSWA and MHSW Regulation 21 offences falls (under Section 2 as well as employee Section 7) & (Environment Management Regulation ISO 14001) The judges them embark on a long thought to give judgement of the court refer to Criminal Evidence Act 1984, Shell BP managements guilty for breaches of regulation above in all sections, and must pay compensation to a number of community involve in the oil spill at the Gulf of Mexico, and the criminal fines for Shell BP managements is 1.5 billion after Shell BP managements pleaded guilty.

Breach of Duty / Criminal Legal Action

Health and Safety Executives (HSE) v British Rail Train (1991)

The Facts

Leading to impact of poor concert of safety management or safety leadership link to the relationship to British Rail Train Crash Disaster at Clapham Junction 1988.

By His Honour Judge setting in High Court of Justice on 14th of June 1991 at the old Bailey in connection to the poor impact of safety management or safety leadership lead to the British Rail train crash disaster at Clapham junction date above, health and safety executive officers, and police officers holds investigation with respect to the incident of the train disaster in Clapham junction, the investigation evidence show the instant reason was a signal failure caused by on training technician failing to isolate and remove a wire from the rain track in which lead to the die of 30 peoples.

The Decision

Verdict

The Honour Judge give its judgement of the court decision to British Rain Train Breach of HSWA Act 1974 (under Section 2 as well as Section 3) & (MHSW Regulation (5) 1999) for poor implementation of safety management or safety leadership which channel the instant reason and contributing causes incorporated humiliation of working practices, problem with safety training, and communication standards and poor health and safety supervision contribute to the die of 30 peoples during the train crash disaster at Clapham junction.

British Rain Train Board was fine guilty to pays £200.000 and also pays big compensation to families member involve in the train crash disaster at Clapham junction, guilty of reckless disregard for health and safety of employees, and member of public, reckless disregard for safety, mean doing or omitting to do some things which one recognises is likely to cause serious harm.

Criminal Legal Action

Heathrow Airport v Balfour Beatty Civil Engineering Ltd, (1994)

The Facts

The poor implementation of safety management or safety leadership at Balfour Beatty Civil Engineering Ltd, make a payment to the collapse of three tunnels during the construction stage at Heathrow Express Railway Link, dated 21th October 1994. Heathrow Airport Managements Staff, investigate the root course of the collapse of the tunnels, the main cause was lack of health and safety management systems in organisation safety policy, inappropriate safety supervision and control measure during the construction phase of the Heathrow Express Railway Link project.

The Decision

Verdict

The Honour Judge setting in Central Criminal Court ruled out its verdict to the court room that Balfour Beatty Civil Engineering Ltd, Breach Regulation Article Sections 2(3) HSWA 1974, and Article Sections Regulation 5, MHSWR, due to lack of poor health and safety management systems in their organisation safety policy, criminal evidence Act 1984, show Balfour Beatty Civil Engineering Ltd, was the main civil engineering contractor dealing with the Heathrow Express Railway Link Project. Balfour Beatty Civil Engineering Ltd, pleaded guilty for breach of Regulations the company convicted and was fine £750.000 for failure to improve health and safety standards.

Breach of Duty / Criminal Legal Action

Customers and Staff v Marks & Spencer Stores in Reading (2006)

The Facts

Defence solicitors of customers and staff summon Marks & Spencer management to Winchester Crown Court regards criminal act fault to protect their customers and staff from potential exposure to asbestos, during the refurbishments at their stores in reading in 2006 resulting to customers and staff suffering health effect leading to some staff absent from workplace.

Examination of incidents reports at the stores evidence from defence solicitors demonstrate Marks & Spencer management and leadership fail to carry out risk assessment in the reading stores, in adding up risk control measure are not in place to guard or shield customers and staff for expose to the asbestos substances.

The Decision

Verdict

The Honour Justice setting in Winchester Crown Court rules its verdict aligned with the criminal evidence, from defence solicitors demonstrate Marks & Spencer management, fail to carry out their duty of care to employees and their customers, thereby convicted of the criminal offences charges under the HSWA Act 1974 for failing to ensure so far as its reasonable practicable the health, welfare and safety of its staff and others at the reading store, Marks & Spencer management pleaded guilty for offence was fine £450.000.

  1. Conclusion

The summative essay characterize employers have a general health and safety duty, as far, as it’s reasonable practicable to ensure safety responsibility of management or leadership in order to secure high standards of (OSHMS) in their organisation, as well as implementing health and safety policy and welfare, improve general well-being of employees and job contentment, good (OSHMS) needs to been recognise as a core financial area to every organisation safety policy.

In adding up, impact of poor safety management or leadership in organisation standard contributed to failure issue to Shell BP Deepwater oil spill disaster (2010) which has effect eleven die as a result of the incident and others were injured, due to poor management or leadership communication and consultation of (OSHMS), criminal legal action was taking by (HSE) against Shell BP Deepwater, breach of employer duty of care and cost to organisation,

Shell BP managements pleaded guilty to offences.

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