Why Do This Course?
Today more people get sued then get prosecuted for criminal offences.
Therefore, if someone gets injured on one of your courses you could end up the wrong end of a civil claim for damages and if you cannot demonstrate that you had identified and managed the forseeabale risks associated with the activity your learners were taking part in, then the prosecution have a reasonably good chance of winning their case.
However, produce a risk assessment and the tide can turn in your favour.
On the Health and Safety Executive Website it states that:
"Health and safety law states that organisations must:
- assess risks to employees, customers, partners and any other people who could be affected by their activities;
- arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;
- have a written health and safety policy if they employ five or more people;
- ensure they have access to competent health and safety advice;
- consult employees about their risks at work and current preventive and protective measures.
Failure to comply with these requirements can have serious consequences – for both organisations and individuals. Sanctions include fines, imprisonment and disqualification."
And here's some other facts for you:
Prosecutions under Section 37 of the Health & Safety at Work Act 1974 have increased by 400% in the past 5 years.
In practice that means that 30 - 40 Directors and managers are prosecuted in the UK each year.
HSE to Charge for Investigations
From the 1st October 2012 the HSE stated that it would now take action to recover costs of an investigation against a company that has breached Health & Safety legislation.
The HSE can charge for all investigations and follow up work until a prosecution is commenced, and they will be charging at £124 per hour unless 'specialist input' is required, which will incur an additional charge.
In October - November 2012 the first round of invoices were sent out by the HSE.
- There were 1,419 invoices worth over £700,000.
- Of those around 10% were for more than £100,000, 20% were between £500 and £1,000 and 70% were for less than £500.
- Payment if an invoice can also be used in criminal prosecutions as evidence of an admission of a breach of Health & Safety legislation.
The Corporate Manslaughter & Corporate Homicide Act 2007
In addition, if someone were to die as a result of a breach of a duty of care owed to them, then the organisation and it's senior management could be prosecuted under the Corporate Manslaughter & Corporate Homicide Act 2007.
On the HSE web-site it goes on to state that:
"Under the Corporate Manslaughter and Corporate Homicide Act 2007 an offence will be committed where failings by an organisation's senior management are a substantial element in any gross breach of the duty of care owed to the organisation's employees or members of the public, which results in death. The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.
In considering the liability of an organisation under the Act, a jury must consider any breaches of health and safety legislation and may have regard to any health and safety guidance. In addition to other health and safety guidance, this guidance could be a relevant consideration for a jury depending on the circumstances of the particular case."
The starting fine for an organisation found guilty of a Corporate Manslaughter charge is £500,000.
By the way, in a recent press release it said that Corporate Manslaughter Prosecutions were up 40% on the previous year.
In addition, there have been 141 Corporate Manslaughter cases opened since records began in 2009, and there are (at last count) 56 cases currently being investigated for prosecution.
The 'Silly Question'?
So here's a silly question, would you pay the cost of this course and be willing to do between 20 - 30 hours work to potentially save yourself £500,000?
So, how do you think you stand if you teach, commission or use a physical skill as part of your organisations approved system of restraint and someone dies as a result, and you cannot fully justify why you taught, commissioned or used that technique because you have not done a suitable and sufficient assessment of risk?
This is what makes this course such excellent value for money
Outline of the Course:
The course will provide you with the knowledge of the working principles of how to plan, undertake and record a suitable and sufficient assessment of risk, including compliance with the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Health and Safety Executives guidance on risk assessment.
The course is a 20 hour course which normally takes 2 - 3 day to complete depending on how much time you can dedicate to doing it because as an online course you have the ability to work on it as and when you wish.
What Makes This Course Unique!
What makes this course unique is that it is based around how we use risk assessments to manage violence in the workplace, including, how to assess what physical skills should be used for restraint and breakaway.
Not many if any other course will do this for you.
In relation to physical restraint / physical intervention, we also show you how the manual handling regulations apply when designing and developing techniques.
This ourse will also teach you how to answer some of those really 'awkward' questions that you may get asked as a trainer such as the "what would you do if......" type question.
To achieve the Awarding Body Level 3 Award in Risk Management and Assessment you must be able to:
1. Describe the requirements of why risk assessments are necessary with regard to the Health and Safety at Work Act 1974 and the Associated Regulations and Guidance.
2. Demonstrate how to Identify Hazards and Assess the Risk in the Workplace or in a Work Related Activity.
3. Evaluate the Level of Risk posed and decide on what Control Measures to implement.
4. Demonstrate how to Record your findings in a suitable and sufficient way.
The online course will guide you through each of the above points in an easy to follow step-by-step way, enabling you to easily grasp the risk assessment process. Should you need any additional help, we are only an e-mail or a phone call away.
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