abridged compliance seminar for 1090 club members may 2016

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Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016 THE COMPLEXITIES OF THE COMPLEXITIES OF COMPLIANCE COMPLIANCE Presentation Prepared by Presentation Prepared by District 1090 H&S Adviser - Helal (Stephan) Stephan District 1090 H&S Adviser - Helal (Stephan) Stephan Jointly developed with Jointly developed with PDG Tim Cowling – E&D Adviser PDG Tim Cowling – E&D Adviser & Ken Diccox – Safeguarding Adviser & Ken Diccox – Safeguarding Adviser

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Page 1: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

THE COMPLEXITIES OF THE COMPLEXITIES OF COMPLIANCECOMPLIANCE

Presentation Prepared byPresentation Prepared byDistrict 1090 H&S Adviser - Helal (Stephan) StephanDistrict 1090 H&S Adviser - Helal (Stephan) Stephan

Jointly developed withJointly developed with PDG Tim Cowling – E&D AdviserPDG Tim Cowling – E&D Adviser

& Ken Diccox – Safeguarding Adviser& Ken Diccox – Safeguarding Adviser

Page 2: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCECOMPLIANCE

Equality and DiversityEquality and DiversityData ProtectionData Protection

SafeguardingSafeguardingHealth and Safety (& Insurance)Health and Safety (& Insurance)

Page 3: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCECOMPLIANCEHere we go, another lecture on political Here we go, another lecture on political

correctness gone mad!correctness gone mad!

Page 4: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCECOMPLIANCE

∆ Child injured by firework at Rotary display.Child injured by firework at Rotary display.∆ Participant collapses on fun runParticipant collapses on fun run

∆ ““You must be the speaker, dear. Thankfully You must be the speaker, dear. Thankfully our club hasn’t made the mistake of letting our club hasn’t made the mistake of letting

women in, let alone making them president.”women in, let alone making them president.”∆ ““I don’t think you would enjoy our club. You I don’t think you would enjoy our club. You

wouldn’t be able to join in, being in a wouldn’t be able to join in, being in a wheelchair”wheelchair”

Page 5: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE COMPLIANCE ISIS ABOUT: ABOUT:

Upholding Rotary principles and ethicsUpholding Rotary principles and ethics Treating people decentlyTreating people decently Protecting YOUR clubProtecting YOUR club Complying with the lawComplying with the law

It is not about preventing you from running It is not about preventing you from running your events or providing Rotary serviceyour events or providing Rotary service

Page 6: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

General Council Secretary/CEO

Executive CommitteeHealth & Safety and Protection

CommitteeDistricts

(Governors)

Clubs(Presidents)

RIBI Adviser

Compliance ResponsibilityCorporate Responsibility … Duty of Care

District AdvisersClub Advisers

Page 7: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

RIBI Commitments to:

a. Promote & encourage safe practice

b. Provide information & advice

c. Establish systems & procedures

d. Develop & encourage Compliance communication

e. Exchange ideas & promote best practice

Rotary Clubs – Overall Responsibility to:

> Plan, organise & deliver in a safe & legal manner

Page 8: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Equality & DiversityEquality & Diversity

Page 9: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – Equality & DiversityCOMPLIANCE – Equality & DiversityEquality Act 2010 - Protected Characteristics

•Age •Race & Ethnic Origin•Disability •Gender Reassignment•Gender •Pregnancy/Maternity•Marriage/Civil Partnership •Religion/religious belief•Sexual Orientation

Page 10: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – Equality & DiversityCOMPLIANCE – Equality & DiversityMain Types of Discriminationi) Direct Discrimination - Discrimination because of a

protected characteristicii)Associative Discrimination – Discrimination

against a person because they are associated with someone with a protected characteristic.

iii)Indirect Discrimination – A policy applies to everybody, but has a disproportionate effect on people with a particular characteristic.

iv)Harassment – Violating the dignity of an individual by reference to a protected characteristic

Page 11: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Data Protection Act 1998Data Protection Act 1998

8 Principles8 Principles - Obtaining & Storing Personal dataObtaining & Storing Personal data

Handled Fairly & LawfullyHandled Fairly & Lawfully Purpose Purpose Personal Data only – identifiable living peoplePersonal Data only – identifiable living people Adequate & RelevantAdequate & Relevant Accurate & Up to DateAccurate & Up to Date Held no longer than neededHeld no longer than needed Processed in line with rights of the personProcessed in line with rights of the person Safe & Secure - Not sent outside EU Safe & Secure - Not sent outside EU

(exceptions covered by strict adherence to the Rotary Privacy Policy)(exceptions covered by strict adherence to the Rotary Privacy Policy)

www.ico.gov.ukwww.ico.gov.uk

Page 12: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

SafeguardingSafeguarding

Page 13: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – SafeguardingCOMPLIANCE – SafeguardingEverybody has the right to be secure from abuse

Rotary is committed to: protecting all children and vulnerable adults in our care

from harm. ensuring safeguarding practice reflects statutory

responsibilities, government guidance and complies with best practice.

Use Disclosure Barring Service where appropriate –Use Disclosure Barring Service where appropriate –Regular unattended contact with young people or Regular unattended contact with young people or

vulnerable adultsvulnerable adults

Page 14: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Criteria for a DBS check‘Regulated Activity’ Relating to Children:Unsupervised Activities: teach, train, instruct, care for or

supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children

… as long as done regularly i.e. carried out by the same person frequently - at least once a week, or at least 4 days within a 30 day period, or overnight between 2am & 6am

Or in a specified place; Schools, children’s homes and hospitals, juvenile Detention Centre or adult care home

Page 15: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Supervised Activities – if working directly to and under the instruction of a person who is DBS checked

Regulated Activity for adults No longer labelled as ‘Vulnerable’Activities which, if any adult requires them, lead to that adult

being considered vulnerable at that particular timeNo frequency/time constraints applicable hereThese are: Providing Health Care or Personal Care; or Social

Care; assistance with cash, bills or shopping; conveying an adult because of age, illness or disability to a place to receive Health Care, Personal or Social Care

DOES NOT INCLUDE FAMILY, FRIENDS OR TAXI DRIVERS

Page 16: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

PhotographyRotary Organiser has the right to prohibit the taking of

photographs by spectators A notice should be displayed to this effectNo photographs should be taken of a child or person in a

vulnerable activity, on a one to one basis without another parent/adult/guardian/Rotarian present

Written permission of parent/guardian should be obtained in advance before photographs are taken

Additional written permission should be obtained for publication on a web-site, social media, magazine or newspaper - only the child’s first name is to be used

Page 17: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Health & SafetyHealth & Safety

Page 18: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments

Page 19: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – Health & SafetyCOMPLIANCE – Health & Safety

Six Stages of a Risk Assessment1. What might cause harm (Hazard)?

- visit location

2. Who might be harmed and how?

3. What chance someone might be harmed (Risk)?

4. What precautions taken? Are they adequate?

5. Record findings / retain copies as evidence

6. Review RA as & when necessary

- particularly after the event

Page 20: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Rotary Club/District - Health and Safety Risk Assessment Form Ref No: ____ Task/Function: _____________________________ Location: ___________________________________________ Risk Assessor: _______________________ Date: __________ Persons at Risk: _____ __________________________________

Risk Levels: - L = Low; M = Medium; H = High (Use L -M, or M -H to indicate intermediate risk levels, if necessary)

(NB: Risk Levels in last column indicate anticipated scores after Action is taken)

Hazard

(What might c ause harm?)

Risk(s)

(What harm might be caused?)

Risk Level

Before Action

L/M/H

Current Control Measures and/or

Action to Reduce/Eliminate Risk

(Including action by whom and by when)

Risk Level After

Action

L/M/H

Signed: _______________________________ Risk Assessor Signed: _____ _______________________ ____ Project Manager Date: ________________ Date: ________________ Review Date: ___________

Page 21: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments

Make sure they are recorded and accessible on the day

Keep them as short as possible, and to the point

They need to be easily understood

Need to cover Health and Safety, Protection and Environmental issues (& ideally commercial)

Keep copies for future reference and repeat events

Page 22: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Roads and VehiclesTraffic Management Plans - competencyMarshals are needed on roads:

MUST have Hi Vis jackets / tabardsAssist with emergency vehicle accessMUST NOT try to stop or control moving vehicles

Vehicle controlMarked routes, access and egressAvoid causing congestionAppropriate barriers & signageLevel crossing / swing bridges - need permission

Page 23: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Insurance

Page 24: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

RI Insurance Every Rotarian and volunteer working on a Rotary event or activity has insurance cover

- which provides a safety net

BUT:

Insurance is not a licence

for unsafe activities

NB - Health & Safety rules should never be used to

restrict or cancel events

Page 25: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Insurance Policies1. Public, Products & Employers’ Liability - death, injury & damage

£20m Public & Product liability for any one claim £10m Employer’s liability (includes £1m Stallholder liability)

2. Regalia & Money – Loss or damage to Regalia & money £1K to £5k maximum

3. Officers & Club Indemnity – wrongful acts of officers £500K per claim – max £2m

4. Legal Expenses – criminal prosecution £50K limit of Indemnity for defence

§ Libel & Slander – Club Publications1. £500K for damages costs & expenses

1. Personal Accident – Rotarians & Volunteers1. £7.5K to £125K for death and injuries / loss of limbs

Page 26: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Insurance & the Rotary Clubs• Arranged by Bartlett Insurance Brokers• Applies to Rotarians & volunteers for Rotary Activities• Covers all traditional Rotary Activities

Excludes: - Fireworks Displays (unless by Specialists) - Equipment & Travel Insurance - Cancellations & Abandonment - Weather Insurance - Prize Indemnity

Page 27: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

Insurance & the Rotary Clubs Excludes: - Aviation, hot air balloons & parachute - Bungee Jumping & Abseiling - Marine & water-borne risks - Motor racing - Use of vehicles on & off public highways - Any deliberate Acts or omission - Contract conditions by others imposing Rotary liability

Page 28: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCECOMPLIANCE

Rotary International in Great Britain and Ireland Compliance Confirmation Form

The Rotary Club of _ _ _ _ _ _ _ confirms that it has adopted the following RIBI Policies:

Equality and Diversity Health and Safety Safeguarding – Children and Vulnerable Adults

Page 29: Abridged Compliance Seminar for 1090 club members May 2016

Rotary District 1090 Compliance Presentation Abridged Version for Club members – May 2016

COMPLIANCECOMPLIANCE

Failure to complete and return the Compliance Form MAY invalidate your insurance if there is a

claim

Failure to meet the standards of the various Failure to meet the standards of the various policies questions your club’s adherence to the policies questions your club’s adherence to the

Four Way Test and decent practiceFour Way Test and decent practice

If in doubt, ask yourself the question: “How would If in doubt, ask yourself the question: “How would I expect to be treated in that situation?”I expect to be treated in that situation?”