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 aroberts@algoodbody.com