A Meeting With Philip Tracey, Solicitor Advocate. Episode 2

In this podcast Colin completes his interview with Philip Tracey from Plexus Law, they discuss the recent changes in legislation and guidelines concerning individual prosecutions. Philip shares some key advice about what to do immediately after an event and the possible longer-term impact for individuals in a company where an accident has happened. This episode also covers how companies can be more proactive in their health and safety, listen in to hear more.   KEY TAKEAWAYS What should a business do immediately after an event? Appoint one person in the business as contact and to manage the incident. Appoint advisors – lawyers, health and safety, insurers Do not jump to conclusions, or opinions about what happened The regulator and I are polar opposites -  in a situation, they are prosecuting and I am defending. There are potentially 3 court processes and we seek to manage them all; The inquest – we can have an impact on how the evidence is presented, criminal prosecution as a result of the inquest and a civil claim from the family. The evidence we gather at the outset is of benefit to each of the 3 processes. Are there more individual prosecutions? The changes in legislation were aimed at trying to identify the ‘controlling mind’ in bigger organisations but it remains easier to do this in a smaller organisation In the last few years, I have dealt with individual prosecutions of experienced individuals who never expected to be facing prosecution. How do we ensure we are meeting the guidelines? People should be entitled to go to work and be healthy and safe. On too frequent a basis reports are commissioned and then the advice is not followed. This can leave a manager open to prosecution if they have not acted on the recommended action. It’s the difference in spending a smaller amount upfront compared to a much larger amount following an event. There is now more understanding and awareness of health and safety.   BEST MOMENTS ‘If you’ve gone to the trouble of getting the report, read it and act on the recommendations’ We run continuous training and prepare staff to know how to manage potentially emotional situations You’ve usually been through a life-changing event and shouldn’t be afraid of seeking additional support in the form of counselling   VALUABLE RESOURCES  The Interesting Health & Safety Podcast [email protected]   ABOUT THE HOST Colin’s Biography   ‘Making health and safety as important as everything else we do.’ This is the belief that Colin is passionate about and through his consultancy Influential Management Group (IMG) is able to spread into industry. Colin works at a strategic level with company owners and board members. He helps business leaders establish and achieve their health and safety ambitions. He has developed a number of leading competency improvement programmes That are delivered across industry and his strengths are his ability to take a practical approach to problem-solving and being able to liaise at all levels within an organisation. Colin also runs a company that vets contractors online and a network that develops and support H&S consultancies to become better businesses. Colin chairs the Construction Dust Partnership, an industry collaboration directly involving many organisations, including the Health and Safety Executive. He is a Post Graduate Tutor at Strathclyde University and a highly sought-after health and safety speaker and trainer. He has a Post Graduate Certificate in Safety and Risk management, an engineering degree and is a Chartered Member of the Institution of Occupational Safety and Health (IOSH).