IIRSM Qatar 23 rd January 2018 Presented by: Mark Stephens
Before we start CROWNE PLAZA SAFETY ORIENTATION VIDEO
Welcome & Announcements Welcome to: - All of our members and visitors, especially those attending for the first time; Representatives of our new sponsor DISS; Our guest participants: Viv Turner Sponsor participant: Darlene Cueto
Agenda Introduction by Sponsor Legal Focus – Qatar Legislation Presentation – HSE Studies / Consultancy Networking: Introductions Networking Topic Presentation – HSE Obstacles Local Accident & Lessons Learned Presentation – Similarities between Quality & Safety Other Business
Agenda #1 Introduction by Sponsor
Agenda #2 Legal Focus
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 1 Part 1 – Preliminary Provisions Part 2 – Territorial Jurisdiction Part 3 – Crimes Part 4 – Reasons of Permissibility Part 5 – Responsibility Impediments Part 6 – Penalties Part 7 – Legal Excuses
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Part 1 – Crimes against External State Security Part 2 – Crimes against Internal State Security Part 3 – Crimes related to Public Position Part 4 – Crimes related to Justice Part 5 – Crimes related to Public Trust Part 6 – Crimes of Public Danger Part 7 – Social Crimes
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Part 1 – Crimes afflicting People’s Lives & Safety Part 2 – Crimes related to Freedom and Security of Individuals Part 3 – Crimes concerning Money
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 4 Contraventions
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 1 Article 32 – Mental Element The mental element of a crime is composed of the intention ( mens rea ), or a mistake. A mistake occurs whenever the criminal result is achieved as a result of the mistake on the part of the perpetrator, whether due to negligence, carelessness, non-precaution, recklessness, imprudence or non-observance of Laws or Regulations
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 1 Article 34 – Mental Element ( Ignorantia juris non excusat ). Ignorance (or wrong interpretation) of the Law is not an excuse.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 183 – Abstention to Testify / Delay Legal Proceedings A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who hides or destroys, a written document, deed or anything else required to be submitted to the authority of investigation before any judicial authority, with the intention of misleading the courts, or the authority of investigation.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 184 – Abstention to Testify / Delay Legal Proceedings A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who, with the intention of misleading the courts, changes the appearance of persons, places or things, hides items of evidence, or gives false information related thereto, with knowledge of the facts.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 185 – Abstention to Testify / Delay Legal Proceedings A penalty of imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000, shall apply to any person who, conceals the corpse of a person who died as a result of an accident or crime.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 191 – False Communication Whoever disturbs any representative of a public authority by making unfounded statements about catastrophes, accidents, offences or dangers, the court may decide to compel the perpetrator to pay the expenses; the said false statements shall be punished with imprisonment for a term not exceeding 5 years.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 241 – Transgression on Public Facilities Whoever destroys or damages any device, machine, or other object of first aid, fire-fighting, life-guarding, or other apparatus intended to prevent other accidents, or changes their position causing them to become inoperable or useless, shall be punished with imprisonment for a term not exceeding 3 years.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 241 – Transgression on Public Facilities The same penalty shall be imposed on any person who is responsible for looking after the objects mentioned, but who fails to ensure their proper installation, which makes them inoperable or useless.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 253 – Crimes related to Public Health Whoever accidently causes the spread of an infection or epidemic shall be punished with imprisonment for a term up to 3 years and a fine not exceeding QAR 10,000. A prison term not exceeding 7 years and a fine not exceeding QAR 20,000 shall apply if the act causes death.
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 254 – Crimes related to Public Health Imprisonment for a term not exceeding 6 months and a fine not exceeding QAR 2,000 shall apply if this (pollution of a well, public water supply, or any other water resource) happens by mistake, or out of negligence, or ignorance of the Law or other notices. .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 2 Article 255 – Crimes related to Public Health Imprisonment for a term not exceeding 3 years and a fine not exceeding QAR 50,000 shall apply if this (pollution of national or territorial waters) happens by mistake, or out of negligence, or ignorance of the Law or other notices. In addition, the offender shall pay a fine equivalent to the value of damage caused .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Article 311 – Crimes afflicting People’s Lives & Safety Whoever accidently causes the death of a person through negligence, ignorance, or fails to take heed or comply with Laws or Regulations, shall be punished with imprisonment for a term not exceeding 3 years, and a fine not exceeding QAR 10,000 (1 year if the avenger of the blood heir forgives or accepts blood money) .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Article 312 – Crimes afflicting People’s Lives & Safety Whoever accidently harms a person through negligence, ignorance, or fails to take heed or comply with Laws or Regulations, shall be punished with imprisonment for a term not exceeding 6 months, and a fine not exceeding QAR 5,000, if the crime leads to permanent deformity. (2 months if the avenger of the blood heir forgives or accepts blood money) .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Article 313 – Crimes afflicting People’s Lives & Safety The penalties stipulated in Articles 311 & 312 shall be doubled, if the crime is the result of a transgression of the offender’s occupational profession or job……… .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Article 372 – Computer Crimes Whoever accesses data saved onto a computer resulting in deleting, modifying, spoiling or disabling information existing inside the computer, shall be punished with imprisonment for a term no less than 1 year, not exceeding 3 years, and a fine of no less than QAR 10,000, and not more than QAR 15,000. .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 3 Article 390 – Destroying Properties Whoever cuts off or damages trees planted in streets, parks, markets or public spaces shall be punished with a fine that is twice the value of the trees in question, and/or imprisonment for a term not exceeding 6 months, and also fined an amount not exceeding QAR 5000. .
Legal Focus • Law 11 of 2004 Issuing the Penal Code 11/2004 Book 4 Article 397 – Contraventions Without prejudice to any other severe penalty stipulated in any other Law, whoever commits the following acts shall be punished with a fine not exceeding QAR 500: 2. Fails to put appropriate warning signs, day or night, of excavations under his supervision .
Agenda 3 Presentation – HSE Studies / Consultancy
Agenda 4 Networking
4a. NETWORKING Write down an important date TO YOU, on a post-it note (day, month & year)
4a. INTRODUCTIONS Grab yourself a drink & bite to eat from the back Then with your post-it note and pen , immediately go to the decade your chosen date falls in Talk amongst your group about your date and why you have chosen it
4b. Timeline Exercise I will then visit each “decade”, and give you a topic
4b. Timeline Exercise In the year you chose, a major accident happened somewhere in the world As part of your professional development, I want you to read up on that accident, and find out what happened, how many died, and what the root cause was.
4b. Timeline Exercise If you want, you can volunteer to present a summary of the accident (no longer than 3 minutes) at a future meeting Volunteer names to Bala at the end of this Meeting
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