The increasing relevance of OHSAS 18001 for SMEs

Introduced in 1999 as the health and safety management
standard, OHSAS 18001 soon became the chosen path for
organisations wishing to take health and safety seriously.

Working towards OHSAS 18001 and achieving certification
allowed organisations to responsibly manage health and safety
issues and put in place a system to effectively reduce accidents
and prevent fatalities.

With the introduction of the Corporate Manslaughter Act
coming into force in April 2008, health and safety management
has become more important than ever.

The first corporate manslaughter prosecution in the UK was
brought against a geological survey company after the death of
an employee in September 2008. The case began in June last
year and is set to continue. In addition to the corporate
manslaughter charge the company faces further charges under
the Health and Safety at Work Act, and a director has been
personally charged with manslaughter due to gross negligence. A
conviction for gross negligence manslaughter carries a maximum
sentence of life imprisonment.

Under the terms of the Corporate Manslaughter and
Corporate Homicide Act 2007, an organisation is guilty of
corporate manslaughter if the way in which its activities are
managed or organised causes a person’s death, and amounts to a
breach of duty by the organisation/senior management. If found
guilty of Corporate Manslaughter, an organisation can face an
unlimited fine. It may also be required to publicise details of the
offence and the courts’ findings in a ‘publicity order’.

Increasing legislation and bureaucracy may faze smaller
organisations, but it is imperative that health and safety
awareness is improved by organisations of all sizes and
precautionary measures put in place. Failure to take
responsibility for occupational health and safety within your
organisation could lead to serious consequences. Particularly
because it is far easier to bring manslaughter charges against
individual members of staff in smaller organisations, where
senior management has greater influence/involvement in the
day-to-day running of the organisation, and can therefore be
held responsible for such incidents.

Business owners and senior managers need to be aware of the
risks to both employees within the organisation and the
organisation itself. This includes the safety of employees,
financial penalties, reputation and personal convictions relating
to a gross breach of a duty of care and serious health and safety
management failures.

Organisations large and small should be taking practical steps
to satisfy legislation and meet health and safety standards. As
with the fatal incidents that are currently being investigated
under the Corporate Manslaughter Act, factors such as whether
the organisation has health and safety guidance and codes of
practice will be taken into account.

It could also be argued that by introducing the Corporate
Manslaughter Act the Government is now taking a stand on
health and safety compliance and making an example of smaller
organisations that think they are exempt from implementing
efficient health and safety measures.

Proactive organisations, no matter their size, should make
certain that they have these vital health and safety management
procedures in place and that responsibilities are understood and
adhered to. Any organisation that has five or more members of
staff needs to have a documented system regarding health &
safety policy and risk assessment to adhere to health and safety
legislation.

The current corporate manslaughter cases should be
enlightening organisations and helping them to understand that
there are standards such as OHSAS 18001 that can help them.

OHSAS 18001 helps an organisation control its activities and
offers a robust system to manage, record and review health and
safety processes. Once systems are in place reviews and audits
allow organisations to manage their systems and make
continuous improvements, whilst meeting safety requirements.

Health and safety is no longer just the responsibility of the
health and safety officer, but the responsibly of every business
owner and employee. So a health and safety conscious culture is
essential for good health and safety management. What it costs
an organisation to implement a health and safety management
system is of course incomparable to the loss of a life.

David Winterburn is a health
and safety assessor at NQA