A stick in the wasps nest - SafetyQuip franchise
One of the most important Occupational Health & Safety 'tips' for franchisors is to recognise that the landscape is constantly changing. In a host of areas, what was sufficient a few months ago is unlikely to measure up today. Just keeping up is torrid territory and however strong our own expertise, within SafetyQuip we have an expert consultant (Lionel Hedt) retained to make sure we remain absolutely up to date.
Next is to recognise, when push comes to shove in a court of law, you can expect to be held liable for the OH&S practices of franchisees. Whatever the finer points, you will be held to some degree accountable and will pay - particularly if your franchisee cannot.
What many people don't know is, these days you can also expect to be held accountable for the efficiency of your system as a whole. This means franchisee selection, financial prudence, operational competence, sensitivity to public perception - things that you thought mere unrelated to OH&S, but are now held to impact the general comfort and well-being of the franchisee.
This accountability can even relate to the choice of a franchisor staff member whom a court might decide was not up to the job, or who had a questionable past or even recruiting a franchisee whose actions end up jeopardising the good standing of the system. We call the latter 'franchisee recruitment' whereas the courts will be regarding it as 'vicarious liability'.
There is actually some merit in the semantics of changing whatever you currently call your recruitment process to 'Communal Risk Assessment'.
You will need to be able to prove you have clearly communicated your system's strategic goals to all stakeholders in a risk management context. It is not enough to say 'we to ensuring their compliance. You must now make it clear why and to what end.
You now need to understand the difference between statute law and common law.
We're used to dealing with the concept of 'duty of care' (common law) but unused to the concept of 'obligations' under statute law. Duty of care is full of grey areas, whereas you must comply with the letter of statute law, or be able to prove that your systems are equal to or better than what’s dictated. If you are held to be negligent under statute law you are automatically negligent under common law and so a nreach will almost certainly lead to a rush of common law against you.
It’s essential you continue to monitor and revise your policies and inform all stakeholders.
Once is not nearly enough. Should you field an enquiry from any franchisee about any OH&S issue - for example about sharp knives used to cut cakes - the substance must promptly be relayed to your entire network and its stakeholders. While you or your franchisee might have thoroughly inducted a new employee (it's vital that this is on their first day or you are liable for the entire term of their employment), any change in equipment or procedures will require another thorough, formal induction.
The law requires proof of your continuing evaluation of risk, your franchisees’ receipt of information, and your attention to ensuring their compliance. You must be able to prove you have communicated with stakeholders on OH&S issues. You cannot just do it on the phone – you need a paper trail.
You need to be aware that the notion and consequences of 'industrial homicide' are no more than a breath away. Several cases are being examined with a view to prosecution as industrial homicide right now. This might well lead to jailing, right up the line of command to director level.
You simply have to have your OH&S procedures thoroughly documented and frequently undated. Franchising is such a systemised business method that failing to do so will be seen as glaringly culpable. Failing to regularly update will be seen as culpable inattention and lack of care.
The best tip I can provide is 'do not try this at home'. You need a well-qualified safety expert on board or you will be taking an unimaginable risk. Bear in mind that a lot of this new stuff is being driven by the insurance industry as understandable self protection. Also bear in mind that workplace injury and deaths place a far bigger burden on society than the road toll, which explains the beefing up of regulatory attention. And finally, whomever you choose to assist you, understand that any legal burden is most unlikely to fall on your safety consultants - rather, very solidly on you.
See the running a franchise page for additional information.
11.07.2007
FCA Member
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