District 1090 compliance seminar-for-club-leaders may2016

Compliance Presentation – 19th May 2016

THE COMPLEXITIES OF THE COMPLEXITIES OF COMPLIANCECOMPLIANCE

Presentation byPresentation by

Stephan Stephan, District 1090 H&S Adviser

Ken Diccox, District 1090 Safeguarding Adviser

Tim Cowling, District 1090 Equality & Diversity Adviser


Domestics Welcome

Fire Evacuation

Toilets

Mobile phones

Break


Agenda

IntroductionsObject of Seminar

Compliance Policies & ResponsibilitiesEquality & Diversity

Data ProtectionSafeguarding - Protection of Children & Vulnerable Adults

Health & SafetyRisk Assessment

RIBI & District 1090 WebsiteSummary

AOB


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

correctness gone mad!correctness gone mad!


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”


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 It is notnot about preventing you from running about preventing you from running your events or providing Rotary serviceyour events or providing Rotary service


General Council Secretary/CEO

Executive CommitteeHealth & Safety and Protection

CommitteeDistricts

(Governors)

Clubs(Presidents)

RIBI Advisers

Compliance ResponsibilityCorporate Responsibility … Duty of Care

District AdvisersClub Advisers


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


Tim Cowling


Race Relations Act

Equal Pay Act

Sex Discrimination Act

Trade Union and Labour Relations Act

Disability Discrimination Act


Race Relations Act - 1965

Equal Pay Act - 1970

Sex Discrimination Act - 1975

Trade Union and Labour Relations Act - 1974

Disability Discrimination Act -1994


Equality Act 2010 - Protected Characteristics


Equality Act 2010 - Protected Characteristics

Age Race & Ethnic Origin Disability Gender Reassignment Gender Pregnancy / Maternity Marriage / Civil Partnership Religion / Religious Belief Sexual Orientation


Direct Discrimination Discrimination because of a protected

characteristic


Indirect Discrimination A policy that applies to everybody, but has a

disproportionate effect on people with a particular characteristic.


Associative Discrimination

Discrimination against a person because they are associated with someone with a

protected characteristic.


HarassmentViolating the dignity of an individual by

reference to a protected characteristic


If in doubt ask two questions:

◊ Does our action comply with the Four Way Test?

◊ How would I expect to be treated in that situation?


A positive approach makes your club:

Compliant Friendly

Welcoming

It may even attract new members!


Data Protection 1998Data Protection 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 EUSafe & 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


Tim Cowling


Safeguarding in Rotary Safeguarding in Rotary ChildrenChildren Vulnerable Adults

Ken Diccox


Purpose of the RIBI Safeguarding Policy To give guidance and support to enable Districts, Clubs

and individual Members to meet legislative

requirements.

To ensure Districts, Clubs and Members are covered by

the RIBI Insurance Policy in all of their activities.

To provide legal support and advice in the event of any

allegation or claim being made against a District, Club

or individual member.

IT IS NOT JUST A BUREAUCRATIC EXCERCISE


Safeguarding General StatementEvery Rotary Club should annually sign up to the RIBI Safeguarding Policy with an entry into the Club Minutes, and appoint a person responsible for safeguarding issues.

The protection and safeguarding of children and adults who may be vulnerable, is of paramount concern for every Rotarian.

Any activity or project planned and carried out by a club MUST give consideration to the safety and well being of any child or vulnerable adult who is benefiting or participating in that event.

Consideration must also be given as to whether any Rotarian or Volunteer participating requires a DBS check. This should form part of the Risk Assessment that must be carried out for all Rotary activities.


Disclosure and Barring Service A single Authority carrying out Criminal Record Checks and Checking the Barred Lists (people who have been barred from working with Children or Adults)

Because Rotary is a voluntary organisation, we can apply

for a DBS check free-of-charge

DBS filter spent, certain convictions, minor cautions, reprimands and warnings from Criminal Records


Criteria for a DBS check1. ‘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, is a

REGULATED ACTIVITY when done regularly i.e. carried

out by the same person frequently (once a week or more

often), or on 4 or more days within a 30 day period, or

overnight between the hours of 2am and 6am.


Criteria for DBS check (continued)

Or in a specified place: Schools, children’s homes and

hospitals, juvenile Detention Centre, adult care home.

(Unsupervised Activities – definition see above)

Supervised Activity: If you are working directly to and under the

instruction of a person who is DBS checked, e.g. Teacher,

hospital worker etc., you are in a supervised activity which does

not require you to have a DBS clearance


‘Regulated Activity’ Relating to Adults

The new definition of Regulated Activity relating to adults no longer labels them as ‘Vulnerable.’ Instead, the definition identifies activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. Also, there are no frequency/time constraints applicable to adults.

These are: Providing Health Care or Personal Care; providing Social Care; assistance with cash, bills or shopping; conveying an adult because of their age, illness or disability to a place where they receive Health Care, Personal Care or Social Care.


Photography At a Rotary organised event the organiser has the right to

prohibit the taking of photographs by spectators and a notice should be displayed to this effect.

No photographs should be taken of a child or person doing a vulnerable activity, on a one to one basis without another parent/adult/Rotarian being present.

The written permission of the parent/guardian should be obtained in advance before photographs are taken of children, and by the person responsible for an adult deemed to be vulnerable.


Photographs (continued) Additional written permission should be obtained for

photographs to be published on a web-site, social media, magazine or newspaper, and then only the child’s Christian name is to be used.

When an event is run in the public arena, photographs of a general nature e.g. crowds of people and/or activities does not present a problem. However, photos should not be taken of children in sports clothes (bathing costumes in particular) or in changing rooms. Common sense should always prevail.


Procedure for DBS applications Provide details of Rotarians to be checked and the reason(s) for

so doing through the District Safeguarding Officer. You will receive an application form and instructions for completion. Your Club Protection Officer or an Officer of the Club will need to see your passport and/or driving licence and certify those details on the application form.

When the applicant receives a Certificate of DBS Clearance, that person can apply within 14 days for Continued Registration.

This will obviate the need for further renewals in future.


Safeguarding and Rotary


Health & SafetyHealth & Safety

Helal (Stephan) Stephan


Nov 2013 & Jan 2015 UpdatesApprovedbyGeneralCouncilRIBI


Same safety standards apply to voluntary activities

Duty of Care on organisers & individually on helpers

Each club is responsible for H&S of its own activities:Club H&S system / processes / PolicyRisk assessments

Management and planning groupFor each event a single named person responsible

RI Policy Principles


H&S blamed to cancel lots of fun events

Victims:-

Plastic duck races, village fetes, banning of conkers, firemen's poles, park benches & even Morris Dancing


Continued:-

Permission (e.g. of owner/Local Authority)

Licensing (music, dance, performance, drinking, betting, late night refreshment and food, sale of motor vehicles)

Stewards / marshalling

Coping with disability

Catering

Lighting failureLighting failure FireFire EvacuationEvacuation First AidFirst Aid


COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments

Compliance Presentation – 19th May 2016 H&S management in Rotary is not an option

- it is an obligation

RAs - carried out & recorded - perceived risk?

Divide risk assessment for big events into parts

Then:

Carry out the risk control actions that result from the risk assessments and write them down


COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetySix Stages of a Risk Assessment

1. 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 evidence6. Review Risk Assesment as & when necessary

- particularly after the event


Compliance Presentation – 19th May 2016Rotary 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: ___________




COMPLIANCE – Health & SafetyCOMPLIANCE – Health & SafetyRisk Assessments- Make sure that they 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, Safeguarding and Environmental issues (& ideally commercial)

- Keep copies for future reference and repeat events


Traffic 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

Roads and Vehicles


Insurance


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


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

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

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

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

4. Legal Expenses – criminal prosecutiono £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


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


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




Website


RIBI Website – http://www.rotarygbi.org/

District 1090 Website – http://www.rotary1090.org

Health, Safety, Protection & Environment

Club websites linked, if RIBI template

Policies, RA templates & Examples

Updates notified, if advised



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 Data Protection




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?”


A positive & proactive approach

makes your club:

Compliant Friendly

Welcoming

It may even attract new members!


Thank You

Any Questions?Tim Cowling – E&[email protected]

Tel.01367 810281

Ken Diccox - [email protected]. 01367 820467

Stephan Stephan - [email protected]

Tel. 01628 783318 / 07475 771471

Government & Nonprofit

District 1090 compliance seminar-for-club-leaders may2016