Why Manage Health & Safety?

-From the top to the bottom the body corporate was

-Costs (Financial Loss) infected with the disease of sloppiness."
-Humanitarian and Moral reasons
-To Avoid Prosecution What Law Enforcers Look For
Reason 1 - Cost -Managers who manage.
-Workplace accidents cost between 2-3% of GDP (about -Records of effective risk assessment.
the same as the cost of all of defense) -Plans, strategies, and robust management systems for
- 30 million days lost each year dealing with risk.
-Cost of failure is not easy to calculate, but includes: -Effective communication and consultation.
-accident investigation, replacement labor, loss of -Well organized employees who know their
reputation, compensation, insurance. responsibilities.
-Evidence of monitoring and continuous improvement.
The Costs of Accidents at Work HS(G)96
*HSE APAU - studied and costed in depth accidents and
incidents at 5 selected organizations.
-they came up with surprising findings
-Losses as high as 37% of profits, 8.5% of the tender price,
5% of running costs

Employers Liability Insurance

- Insurance is increasingly expensive
- Claims have increased at about twice the rate
of premium increases Policy
-Limited liability which may be linked to performance -Sets the Organization & Arrangements for identifying
-Compulsory in most cases hazards, assessing risks & preventing or controlling them.
-Are staff aware, do they understand it?
• Insurers now selective - Is it compatible with the overall Company policy?
-“No longer how much to insure, but can we insure ?” -Is responsibility delegated to competent individuals?
-Only well managed risks will obtain cover -Does it indicate to Directors and Managers how to
• Litigious climate assess risks and allocate resources?
-escalating claim cost, 12% p.a. last 5 years -Is it a working document?
• Increased claims frequency
-Increased awareness and ease of access Organizing
• Control.
Influence of Trades Unions -Directors and Managers must accept and demonstrate a
*UNISON helped members claim more than £6.5 million commitment to the management of Health and Safety.
pounds in compensation during the three-month period • Co-operation.
- January to March 1997. -Consultation demonstrates commitment which leads to
-In August 1998 three Court of Appeal Judges dismissed co-operation.
an appeal by British Coal, 20,000 cases are currently • Communication.
pending. -Needs to flow in all directions.
-British Coal should have known about the problems by • Competency.
1st January 1973 and should have taken preventative -needs to exist for recruitment, transfer & training.
action within two years.
-Current awards range from £50,546 to £5465 Planning and Implementing
- Generate SMART objectives.
Reason 2 – Humanitarian -Identify hazards, assess risks, and set performance
250,000 asbestos deaths standards.
- Over the next 25 years 250,000 employees are expected -Establish priorities according to risk.
to die following asbestos exposure. Plans for non-routine, new work, and serious risks.
*The peak is expected around 2018 – 2020 with 9000 per -Monitoring arrangements to ensure standards are met.
year compared to 5000 in 1998. -Implement plans based on suitable and sufficient Risk
• 1 in 150 of all men born between 1945 and 1950 will Assessment
die of mesothelioma.
• The risk for those born after 1955 is not yet Monitoring
known. -Directors and Managers may not be aware of work
practices occurring within their departments.
Reason 3 – Law -Monitoring needs to be both Proactive and Reactive.
-The Director and Production Manager of Calder Felts -HSE Recommend that monitoring systems be
Ltd, a major textile company in Sowerby Bridge, introduced in each Department.
Yorkshire were sent to prison for eight months. Audit and Review
-A 21-Year-old employee lost an arm during a machinery -Assessment against health and safety performance
cleaning operation & the men ignored a prohibition standards including law and company procedures.
notice served by the HSE. -Assessment against specific SMART objectives.
-Identification of areas where standards are poor or
The capsize of the Herald of Free Enterprise inadequate.
-"All concerned in management, from the members of -Analysis of incident, accident, and ill health data.
the Board of Directors down to the junior -Formal review against performance to allocate
superintendents, were guilty of fault… resources and implement further changes.
Accident • Notification
-An unplanned, unwanted event which results in a loss of -By the quickest practicable means.
some kind. • Reporting
-written report form within ten days (F2508 & F2508A)
Incident -Death, specified major injuries and dangerous
-An unplanned, unwanted event that had the potential occurrences
to result in a loss. • Injuries
-Death, Major Injury, >3-day injury
-Dangerous Occurrences
• Dangerous Occurrences
-Failure of lifting machine, contact with overhead power
lines, failure of breathing apparatus.
• Reportable Diseases
-Tetanus (contact with soil contaminated by animals),
inflammation, ulceration, or malignant disease due to
exposure to ionizing radiation.

Why investigate? HSC discussion document

-Legal - Published in November 1998. The HSE believes it is
-RIDDOR important for employers to face up to the responsibility
-Insurance - and to be pro-active in managing health and safety risks.
-Statistics -This means taking more of an interest in the actual root
-Civil actions causes of incidents when things go wrong.
-Benefits Agency -The HSC would like to consider the merits of placing a
-Prevent recurrence specific duty on employers to take the initiative in finding
out what went wrong and why.
An Effective System
-Reporting System • Hazard
-Immediate Risks -Something with the potential to cause harm.
-Select Level
-Gather Information • Risk
-Record & Analyze -The likelihood that the harm will be realized.
-Review Process -When assessing risks, the potential severity of the
consequences is also considered.
Gathering information
-The scene Laws requiring risk assessment.
-Document -Section 2(1) HASAWA 1974
-People -The Control of Substances Hazardous to Health
Regulations (COSHH) 1999
Fault Tree Analysis -The Control of Lead at Work Regulations 1998
-The cause of the injury - The Construction (Health Safety and Welfare)
-The direct causes of the accident Regulations 1996
-Underlying or indirect causes - The Display Screen Equipment (Health and Safety)
Regulations 1992
Recording and analyzing
• Terminology 5 Steps to Risk Assessment
-Cause of Injury -Look for the Hazards
-Cause of Accident -Decide who might be harmed and in what circumstances
-Type of Accident -Evaluate the risks, and the adequacy of existing controls
-Record the significant findings
RIDDOR -Review the assessment
Reporting of
Injuries Step 1 - Identify the hazards.
Diseases and *A Hazard is something with the potential to cause harm
Dangerous -Physical
Occurrences -Chemical
Regulations 1995 -Biological
-Ergonomic
What must be reported? -Psychological
-Death, major injury, immediate hospital treatment, a
dangerous occurrence, over three-day absence, acts of Hazard Identification Techniques
violence, suicide on transport systems and specified -Inspections
diseases. -HAZOP (HAZARD AND OPERABILITY STUDY)
-By Whom? -Job Safety Analysis
-The responsible person - in control of the premises, the -Hazard Books and Contact Schemes
employer. -Fault Tree Analysis
-Records kept for three years and all accidents
recorded in the accident book (BI 510).
 -Hot/Cold work
-Hazardous areas
Step 2 - Decide who might be harmed & how? -Maintenance operations
*Consider groups who may be especially at risk -Pressurized systems
- the disabled, pregnant workers, children, and young
workers Format of a Permit to Work
-Issue
Step 3 - Evaluate the risks. -Receipt
-Consider the likelihood and severity -Clearance and return to service
- Are existing controls adequate? -Cancellation
- Is there anything else that can be done to make it safer -Extensions
(SFAIRP)?
-Are legal standards met and best practice followed? Top Priorities
-Engineering
Step 4 - Record significant findings. -Administrative
*You must decide what the significant findings are, they -PPE
may include:
-the significant hazards RIDDOR
-the existing control measures Reporting of
-identification of workers affected Injuries
-reference to other guidance Diseases and
Dangerous
Step 5 - Review the assessment. Occurrences
*The assessment must be reviewed when: Regulations 1995
-You believe it is no longer valid
-There has been a significant change in the matters to Hierarchy of Control
which it relates. Eliminate PPE
• the workplace Reduce Discipline
• new work rates Isolate
• new process or plant Control
• competency of individuals
Health, Safety and Environment (HSE)
A safe system of work
- “A safe system of work is a formal procedure which Health and Safety Commission (HSC)
results from a systematic examination of the task to
identify all the hazards. It defines safe methods to ensure Health, Safety at Work Act (HASAWA 1974)
that hazards are eliminated or risks minimized.”
Accident Prevention Advisory Unit (APAU)
*Nothing is absolutely safe.
- Nilsson v. Redditch Borough Council HAZARD AND OPERABILITY STUDY (HAZOP)

Develop a safe system of work. Job Hazard Analysis (JHA)

-Analyze the task
*MEEP Job safety analysis (JSA)
• Materials
• Equipment and Plant
• Environment 5 Steps to Risk Assessment
• People -Look for the Hazards
-Implement the system -Decide who might be harmed and in what circumstances
-Monitor the system -Evaluate the risks, and the adequacy of existing controls
-Record the significant findings
-Review the assessment

Permit to Work - Situations

*High risk activities including
-Confined space entry
-Live working
MODULE 4-8
LAW Common Law
“A body of rules that aim to regulate the behavior of -Judicial Precedent (case or judge made law)
society.” -In the civil system much of the law is common law
- “Changing to reflect the demands of a modern dynamic • Law of Contract
electorate” • Tort of Negligence
• Tort of Trespass (a Tort is a civil wrong)
Criminal and Civil Law
Criminal Breach of Common Law duties
- Crimes -A Tort, a civil wrong
- Offences against society -It is necessary for the plaintiff to prove (on the balance
- Mainly Statute Law of probability):
- Action brought by State. • The Defendant owed him a duty of care.
- Intended result is Punishment. • The Defendant breached that duty.
- Punishment cannot be insured against • The breach caused his injury or loss to the
- Action can be taken regardless of loss. plaintiff.
- Proven guilty beyond reasonable doubt.
Civil Who do we owe a duty of care to?
- Torts -Donoghue v Stevenson [1932] AC 562, HL.
- Offences against individual - “You must take reasonable care to avoid acts or
- Mainly Common Law omissions which you can reasonably foresee would be
- Action brought by an individual likely to injure your neighbor. Who, then, in law is my
- Intended result is Compensation ("damages") neighbor?”
- Insurance can be obtained.
- No action is possible unless there has been a loss What makes up the duty of care?
- Proven liable on balance of probabilities. -Provision of a safe system of work.
-Maintenance of the workplace.
The Making of Law -Provision of safe and suitable plant and equipment.
• Green Paper - the need for the legislation -Supervision and instruction of employees.
• White Paper - firmer indication of legislative -Selection of employees - no horseplay.
intents
• First and Second readings followed by the The Standard of Care
detailed committee stage. -The standard of care is that of an ordinary prudent man
• Report stage - formal report to the House the care a reasonable man would show in the
• Third reading consists of verbal amendments not circumstances of the case.
on the Bill’s principles. • it is variable, for example you are expected to
take more care when handling a loaded gun than
Regulations in handling a walking stick.
-Some Acts may be Enabling Acts • If serious consequences follow from
-Statutory instruments or regulations made under the carelessness, then a greater duty of care is owed.
act are sometimes called ‘subordinate’, ‘delegated’ or -The standard of care changes considering new
‘secondary’ legislation knowledge and expectations
-Regulations are usually proposed by the HSC.
Breach of Statutory Duty
Approved Codes of Practice (ACOP) The employee must show:
-An ACOP sets examples of good practice that have been -The statutory duty gave rise to the civil liability
approved by the HSC. An ACOP is NOT law. -The statutory duty was owed to the employee by the
-ACOPs specify, in greater detail or in a more liberal style, employer
precise technical or other requirements not practicable -There was a breach of the statute
or desirable in regulations. -The breach of the duty caused the injury
A Simple and Flexible Extension of the Law -The statute was intended to prevent the injury

European Community Directives Vicarious Liability

-Made under article 118A of the Treaty of Rome - -The employer is liable for the acts or omissions of
harmonization of standards throughout the community. employees, even when the negligent act is committed
-Minimum standards without authorization or expressly forbidden.
-Member States may introduce more stringent standards
-Introduced gradually Defenses in cases of Negligence
-Take into account existing conditions and technical rules • Denial of Liability
in each Member State • Contributory Negligence
-Must not impose financial, administrative, or legal • Third Party Liability
constraints which might hold back the creation or • Volenti non fit injuria
development of SME’s. • Limitations Act 1980

Health and Safety – Civil System Woolf Reforms

-Following a loss, the plaintiff can seek compensation by -From 26.4.99 the new Civil Procedures Rules
proving negligence in one of two ways: transformed the civil claims process and encourage early
• Breach of Common Law duties settlement of disputes.
• Breach of Statutory duties • Pre action protocols set out timetables and
standards for the conduct of the case - the Section 40 - Onus of Proof
overall aim is to encourage settlement. -It falls upon the accused to prove that it was not
• Used where the claim is for less than £15,000. reasonably practicable to do more than was in fact done.
-The court must be satisfied on the balance of
Standards in Statute probabilities.
• Absolute requirements - Innocent until proven guilty??
• Practicable
• Reasonably practicable (SFARP) Powers of Inspectors (s20)
-this is a narrower term than physically possible... the (a) Power of entry
quantum of risk is placed on one scale and the sacrifice, (b)Take a constable.
whether in money, time or trouble is placed on the other. (c) Take any other person or equipment etc
(Edwards v National Coal Board 1949) (d)Examination and investigation
(e)Direct premises remain undisturbed.
Section 2(1) Employer to Employee (f) Take measurements, photographs, or recordings
“It shall be the duty of every employer to ensure, so far (g)Take samples.
as is reasonably practicable, the health, safety and (h) Dismantle or test dangerous articles or substances
welfare at work of all of his / her employees.” (i) Take possession and detain items mentioned in (h)
Section 2(2) Employer to Employee (j) Require a person to give information
includes the need to provide: (k) Inspect and copy books and documents
• safe plant and systems of work (l) Require facilities and assistance
• safe systems for the use, handling, storage and (m) Any other power
transport of articles and substances
• Information, instruction, training, and Enforcement Options
supervision -Informal Enforcement Action
• Safe place of work with a safe means of access • Verbal
and egress • In writing
• Healthy working environment & welfare -Formal Enforcement Action
provisions • Improvement Notice
Section 3 - Employers duty to other persons • Prohibition Notice
- “To conduct his / her undertaking so that others are not • Deferred Prohibition Notice
exposed to risk.” • Prosecution
• e.g. Contractors, visitors, neighbors, etc.
- Self-employed also have a duty to ensure the safety of Employment Tribunals
themselves and others affected. Comprises of
Section 4 - Persons in control of premises -Legally qualified chairman
-To ensure premises, access & egress, plant & substances -Union representative
are without risks to persons at work or using equipment, -Management representative
other than their employees. Powers
Section 6 -Affirm, Cancel, Modify .......any Notice
-Designers, manufacturers, suppliers, and importers of -Compensate / reinstate Safety Reps
substances or articles for use at work has duties to Appeals
ensure, so far as is reasonably practicable, that: -Must be made within 21 days
• it is safe and without health risks when used. -Improvement notice lifted during appeal
• it is adequately tested and examined. -Prohibition notice stays in force during appeal
• information about safe use is made available. Other H&S matters
Section 7 - Duty of Employees -Safety Reps complaints
-To take reasonable care for the health and safety of
themselves and other persons who may be affected by The Management of Health and Safety at Work
their acts or omissions Regulations 1999
-To co-operate with their Employer (and other persons) Reg 3 Risk Assessment
to enable any statutory duty to be performed or - “Suitable and sufficient”
complied with. - Significant findings recorded (5 or more employees)
Section 8 - Revise as necessary
-No person shall intentionally or recklessly interfere with
or misuse anything provided in the interest of health, Reg 4 Principles of Prevention
safety & welfare. -avoiding risks.
Section 9 -evaluating the risks which cannot be avoided.
-No employer shall levy or charge in respect of statutory -combating the risks at source.
provision. -adapting the work to the individual.
Section 36 - Default of others -adapting to technical progress.
-Any other person who, through his / her ACT or -replacing the dangerous by the non-dangerous or less
DEFAULT, causes an offence to be committed may be Dangerous.
charged with the same offence. -developing a coherent prevention policy, relating to the
Section 37 - Offences by Body Corporate working environment.
“Where an offence, committed by a body corporate, is -giving collective protective measures priority over
proven to have been committed with the consent, individual protective measures.
connivance or neglect of any director, manager or similar -giving appropriate instructions to employees.
person then s/he, as well as the body corporate, shall be
guilty of that offence and liable to be proceeded against.”
Reg 5 Arrangements Reg 18 Notification by New or Expectant Mothers
-Planning -Notification required to employer, in writing, if:
- Organization • pregnant
- Control • given birth within previous six months.
- Monitoring, and • breast feeding
- Review of protective and preventative measures -No action required by the employer unless notified

Reg 6 Health Surveillance Reg 19 Protection of Young Persons

-Provide for any appropriate risk identified by the -Protected from risks due to inexperience, and lack of
assessment. maturity.
-May be a requirement under other regulations ......
COSHH, Lead, Asbestos etc. “Human factors refer to environmental, organizational
and job factors, and human and individual characteristics
Reg 7 Health and Safety Assistance which influence behavior at work in a way that can affect
-Appoint Competent persons (including fire risk) health and safety”
-Co-operation between them
-Consider resources relative to size and risk

Reg 8 Emergency Procedures

-Procedures for serious or imminent danger.
- Identification of danger areas
- Competent person to implement
- Training and instruction?

Reg 9 External services

- First aid
- Emergency medical care
- Rescue work

Reg 10 Information to Employees

-Information must be:
• Relevant
• Comprehensive The Individual
-On health risks & precautions
-Information to parent of child -Attitudes and Behaviors
-Emergency procedures include Fire -Motivation
-Nominated persons -Perception
Also issues are:
Reg 11 Co-operation in Shared Workplaces -Mental or physical capabilities.
-Joint arrangements for safety, including fire -Training etc
- Co-operation & Co-ordination
- Exchange of information

Reg 12 Persons Working in Host Employers

Undertakings
- Provide information on risks to employers’ health and
safety.
- Measures to comply with statutory provisions
- Identification of nominated persons for evacuation

Reg 13 Staff Capabilities &Training

-Assess capabilities when carrying out tasks.
- Provide adequate health and safety training

Reg 14 Duties of Employees

-Comply with instructions and training
- Report serious and immediate danger
- Report shortcomings in safety arrangements
Reg 15: Temporary Workers
- Information on qualifications, skills, and health
surveillance
- Same information / training as full-time employees
carrying out the same task in the same way.

Reg 16 New & expectant mothers

-Risk assessment where women of childbearing age
and could involve risk to mother and / or baby.
- Can suspend the employee on full pay if not possible to
make changes if required.
 Key elements of a successful stress management system
-Good Management support and appropriate training
and development of staff.
-Clear company and work objectives
- Good communication
- Close employee involvement
- Support for staff undergoing difficult domestic
Major Incidents problems
-Three Mile Island - A flexible approach to achieve a good work –life balance
-Clapham Junction
-Challenger Space Shuttle Dealing with the effects of stress
-Piper Alpha • Ensure supervisors and managers have the skills and
ability to recognize and deal with stress.
• Do not penalize staff for feeling the effects of pressure
• Positively encourage staff to manage their own well
being
• Let staff know what help is available
• Discuss changes to work and agree an action plan –
stick to promises
• Create a culture to enable staff to seek help and
manage their own support needs
• Take seriously all staff reports regarding stress
How to promote safe Behavior problems.
• Discipline
-responsibilities and accountability
• Reward
• Inform
-reasoning and understanding
-changing perceptions
• Facilitate
-make safe behavior easy
• Train Preventative Action
-competence - Physical security measures
- Information on delays and queue management
Stress - Regular removal of cash
“The reaction that people have to excessive pressure, or - Staff levels and opening hours to suit customers
other types of demands placed upon them. It arises when - Checking visitor credentials
they worry that they can’t cope.” - Reporting / investigating and analyzing cases of violence
Work related stress is experienced when the demands of - Avoid lone work and / or improve communication
the work environment exceed the employees’ ability to - Zero tolerance of aggressive behavior
cope with or control them. - Victim support systems
- Training and Information
Effects of Stress - Recognizing unacceptable behavior/early signs of
• Increased anxiety aggression
• Irritability
• Increased drug use e.g. alcohol, tobacco
• Poor sleeping patterns
• Raised heart rate
• Increased sweating
• Headaches
• Dizziness
• Blurred vision
• Skin rashes Lone Work Risk Assessment
-Does the workplace present a special risk
-Potential consequences of injury
-Safe access and egress
-Safe plant, equipment, substances etc
-Manual handling issues
-Risk of violence
-Special risks to women or young persons
Lone worker supervision
- periodic visits and observation
- regular contact using either a telephone or radio
- automatic warning devices operated manually or
automatically by the absence of activity
- checks that a lone worker has returned to their base or
home on completion of a task.
- emergency procedures
- access to adequate first-aid facilities
- mobile workers should carry a first-aid kit

Lone worker considerations

- Medical conditions
- Sufficiently experienced
- Training to control, guide and help in situations of
uncertainty.
- avoiding panic reactions
- Employers should set the limits to what can and cannot
be done while working alone.

What is a Health & Safety Policy

• A business plan for safety
-Required in statute under Section 2(3) of the Health and
Safety at Work etc. Act 1974