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Presentation to Hospitality Expo 2012
Alan RobertsA&L Goodbody22 February 2012
Health and Safety Law in the Hospitality Sector – Practical Advice for Employers, Owners and Operators
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1. Nine core obligations as “Employer”
2. Two recent Court cases
3. Three real life case studies from the Hospitality Sector
4. Advice on how to deal with HSA investigations and prosecutions
Running OrderRunning Order
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1. Safety Statement
2. Hazard Identification and Risk Assessment
3. Training
4. Maintaining a safe workplace
- www.hsa.ie
5. Safety representative
Your legal obligations as Your legal obligations as ““Employer”Employer”
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1. Consultation/Employee responsibilities
2. Physical and mental health risks
3. Working time
4. Record keeping
Some practical tips
Your legal obligations as Your legal obligations as “Employer”“Employer”
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HSA v Wicklow County Council
» HSA is an active prosecutor
DPP v PJ Carey Contractors
» Defence for the good and conscientious employer
Recent Health & Safety CaselawRecent Health & Safety Caselaw
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Inspection of restaurant identified trip hazards
Improvement Notice served
Follow up inspection 7 months later
» Cable trailing across a step
» Cluttered storage room
Successful prosecution
» Fine of Stg£1,000
» Plus costs of prosecution
Case Study 1 – Trip CaseCase Study 1 – Trip Case
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Catering Assistant suffered burns on her back and on her feet
Emptying a deep fat fryer and plastic bucket melted
Investigation found
» No safe system of work in place
» Poor level of training and supervision
Successful Prosecution
» Fine of Stg£16,000
» Costs of Stg£9,500
Case Study 2 – Burn CaseCase Study 2 – Burn Case
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Kitchen worker suffered a fractured skull and is unlikely to work again
Kitchen floor was very slippery and safety mats were wholly ineffective
Successful prosecution
» Stg£36,000 in fines and costs
Improvement Notice served requiring complete replacement of the floor
Case Study 3 – Slip Case
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Powers of Inspection
Investigations
Statutory Notices
HSA – Inspections and HSA – Inspections and InvestigationsInvestigations
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How can Health & Safety law really bite?
Criminal Prosecutions
» Penalties
» Onus of Proof is on the employer
Personal Criminal Liability for Directors
HSA ProsecutionsHSA Prosecutions
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Do:Do:
Check HSA inspector’s authorisation
Call your solicitors
Keep a record of documents examined
Consider exercising right to silence
HSA Investigations and ProsecutionsHSA Investigations and Prosecutions
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Do:Do:
Consider separate legal representation?
Stop the infringement
Be aware that the Gardai will usually investigate any serious accident also
HSA Investigations and ProsecutionsHSA Investigations and Prosecutions
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Don’ts: Don’ts:
Do not obstruct HSA inspectors
Do not volunteer information or have informal “chats”
Do not hide or destroy documents
Do not sign anything without legal advice
HSA Investigations and ProsecutionHSA Investigations and Prosecution
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Contact Details
Alan RobertsPartner and Joint Head of Planning & Environment Group A&L GoodbodyDublin, IrelandTel +353 (0)1 649-2108 [email protected]