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A negligent act is an unintentional but careless act that results in loss. Only a negligent act
will be regarded as having breached a duty of care. Liability for breach of a duty of care
very much depends on the public policy at the time the case is heard.
Differences in the UK Jurisdictions
In Scotland this area of the law is called Delict while in England, Wales and Northern Ireland it is called the law of Tort.
Delict and tort differ from the law of contract. Contracts generally specify the duties on each
of the parties and the remedy if these duties are breached. Upon entering into a contract,
the parties obtain specific rights and certain duties. In delict or tort these duties exist
through the nature of the parties' relationship regardless of the contractual obligations.
In both jurisdictions, delict and tort attempt to strike a balance between the individual's
wrongful conduct and compensating the victim for his loss.
Much of the law in this area has been developed by the Courts. However, there are now
several statutory rules which apply in particular to employment, disability discrimination,
health and safety, data protection and occupier's liability to name but a few.
The development of the law surrounding duty of care has been similar in the different jurisdictions but there are a number of differences between them, for example, the law of defamation in Scotland in comparison to libel and slander in England, and the law of nuisance.
However, many of the general principles and the law of negligence are now more or less
the same.
Basic Principles.
The authority for duty of care is the leading Scottish case of Donoghue v Stevenson 1932
SC (HL) 31. This is often referred to and remembered as 'the one with the snail'. The principles laid down by the Court in this case still form the basis for establishing a duty of care
under Scottish and English law.
An outline of the events surrounding this case is set out below:
By an action brought in the Court of Session the appellant, who was a shop assistant,
sought to recover damages from the respondent - who was a manufacturer of aerated waters - for injuries she suffered as a result of consuming part of the contents of a bottle of
ginger-beer which had been manufactured by the respondent, and which contained the decomposed remains of a snail.
The appellant by her condescendence averred:
that the bottle of ginger-beer was purchased for the appellant by a friend in a cafe, at Paisley, Glasgow, which was occupied by one Minchella;
that the bottle was made of dark opaque glass and that the appellant had no reason to suspect that it contained anything but pure ginger-beer;
that the said Minchella poured some of the ginger-beer out into a tumbler, and that the appellant drank some of the contents of the tumbler;
that her friend was then proceeding to pour the remainder of the contents of the bottle into
the tumbler when a snail, which was in a state of decomposition, floated out of the bottle;
that as a result of the nauseating sight of the snail in such circumstances, and in consequence of the impurities in the ginger-beer which she had already consumed, the appellant
suffered from shock and severe gastro-enteritis.
The appellant further averred:
that the ginger-beer was manufactured by the respondent to be sold as a drink to the public
(including the appellant);
that it was bottled by the respondent and labelled by him with a label bearing his name; and
that the bottles were thereafter sealed with a metal cap by the respondent.
She further averred that:
it was the duty of the respondent to provide a system of working his business which would
An inspector can carry out investigations and examinations of equipment, machinery etc as
they deem necessary, taking photographs, samples and measurements etc.
An inspector can order the removal and testing of equipment or machinery.
An inspector can take statements, records and documents etc.
Powers of enforcement.
An Inspector, if they deem it necessary and appropriate, can issue a Prohibition Notice or
Improvement Notice when they believe or have reason to believe that a health and safety
contravention is being committed.
Prohibition Notice
A prohibition notice is issued by the Inspector and prohibits the work described in it, if the
inspector is of the opinion that the circumstances present a serious risk of personal injury.
The notice is usually to take immediate effect although it can have a deferred time limit.
The notice when issued remains in place and effective until steps have been taken to remedy the situation that has brought about its issue.
An appeal can be made to an employment tribunal within 21 days but the prohibition notice
remains in effect until the appeal has been heard.
Improvement Notice
An Improvement Notice is issued by an inspector (when a statutory requirement is not being
complied with) and specifies a time period to remedy the contraventions. As with a prohibition notice, an appeal can be made to an employment tribunal within 21 days. In doing so
this has the effect of postponing the notice until the tribunal alters the notice or confirms it.
Other powers
The HSE can:
prosecute any person who contravenes a statutory requirement.
prosecute any person who fails to comply with a prohibition notice or improvement notice.
seize and render obsolete any article/substance which is considered to be the source of
imminent danger.
Statute Law
Statute law is the written law of the land. It includes Acts of Parliament, Regulations etc. An
Act of Parliament is called primary legislation and any regulations made under it are called
secondary legislation so for example:
Primary Legislation: Health and Safety at Work Act 1974
Secondary Legislation: Management of Health and Safety at Work Regulations 1999, Manual Handling Operations Regulations 1992
Common Law
This part of the English law is not embodied in legislation. It consists of rules of law based
on common custom and usage and on judicial (court) decisions. English common law became the basis of law in the USA and many other English-speaking countries.
Common law developed after the Norman Conquest 1066 as the law common to the whole
of England, rather than local law.
As the court system became established under Henry II in the 12th century, and judges' decisions became recorded in law reports, the doctrine of precedent developed. This means
that, in deciding a particular case, the court must have regard to the principles of law laid
down in earlier reported cases on the same or similar points, although the law may be extended or varied if the facts of the particular case are sufficiently different.
Hence, common law (sometimes called 'case law' or 'judge-made law') keeps the law in
harmony with the needs of the community where no legislation is applicable or where the
legislation requires interpretation.
Civil law
Civil Law is the section of the law that deals with disputes between individuals or organisations. For example, a car crash victim claims damages against the driver for loss or injury
sustained in an accident, or one company sues another over a trade dispute.
Unlike criminal offences, the Crown Prosecution Service (CPS) does not prosecute a civil
offence. Rather than any sentence, custodial or otherwise, the end result is usually financial
compensation.
Civil Law has developed in a similar way to the way criminal law has, through a mixture of
Statutory Law made by Governments, and 'precedent' which is created by earlier cases.
Burden of proof
One crucial difference between Civil and Criminal law is that the 'burden of proof' is lower in
a civil case. A criminal case must be proved 'beyond reasonable doubt'. A civil case only
has to be proved on the 'balance of probabilities,' i.e. it is 'likely' that the defendant is guilty.
The OJ Simpson trial in America is a classic example. The criminal trial had not proved 'beyond reasonable doubt' that he had murdered his wife, yet a subsequent civil trial decided
that on the 'balance of probabilities' he had. As a result, the victim's family was awarded
compensation, but in the criminal case, Simpson was not found guilty of murder, so he was
not incarcerated.
Civil actions are not always successful though. The family of Stephen Lawrence brought a
civil action against those suspected of his murder. Although the 'burden of proof' was lower
than in a criminal trial, the men were once again acquitted when crucial identification evidence was ruled to be inadmissible.
Since the introduction of the Civil Procedure Rules in 1999, after a review by Lord Woolf,
making a claim for compensation under civil law has been made easier and less time consuming. Claims are now handled differently in proportion to their complexity and claim
value.
To assist in expediting this process, the Personal Injury Protocol was established and made
the early exchange of any documentation a priority in order for both sides of the claim to
establish their 'position'(either they feel they can successfully defend or admit to some percentage of liability).
After a detailed written letter of claim has been received, the defendant's solicitor must acknowledge the letter within 21 days. There is then a period of three months for the exchange of documentation and information so as to progress any investigation. After the investigation, a decision will be made whether to defend the claim or admit liability.
Safety professionals will have to create organisational processes with safety seamlessly
integrated. Leaders, supported by safety personnel, will use opportunity-risk concepts to
achieve competitive advantages in the marketplace.
Losses due to injuries exceed 12 billion annually. Worse yet, these are the direct costs indirect costs are even more impressive despite their elusive nature. For example, consider
only the many inclusive costs to defend yourself against a lawsuit or the costs of retraining
replacements, increased insurance premiums, production interruptions and poor morale.
Accident Costs
You may assume that your liability insurance covers you for the full cost of accidents and
claims in your workplace. Research in Ireland has shown that the insured costs of accidents
are only the tip of the iceberg when it comes to determining the full cost of an accident.
The cost of accidents, both locally and nationally, are made up of elements of the following:
Direct Costs (Insured)
Death.
Hospital, etc treatment.
Permanent disability.
Sick pay.
Legal costs.
Insurance claims.
Damage to buildings, vehicles, machinery, etc.
Product loses and or damage.
Material loses and or damage.
Overtime working.
Indirect Costs (uninsured)
Investigation costs.
Fines.
Hiring or training replacement staff.
Loss of experience and expertise.
Lowering of morale.
Loss of goodwill.
Loss of image.
Business interruptions.
Product liability.
Production delays.
Increased premiums
Question 1
Criminal sanctions are an example of.......
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An example of an indirect uninsured cost of an accident is?
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Question 3
This part of the English law is not embodied in legislation. It consists of rules of law based
on general custom and usage and on judicial (court) decisions.
Multiple Choice
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Changes in societal attitudes can have long-lasting consequences on the field of health and
safety. Consider the change in how smoking is viewed - fifty years ago, it was considered a
part of everyday life, unremarked upon and in some cases seen as a signifier of sophistication and maturity. Nowadays, smokers are vastly outnumbered by those who view the habit
as dirty, coarse and extremely hazardous to health. Legislation has swung against it in a
very significant fashion and the places where it can be indulged in are getting fewer by the
day.
Developments in science, medicine and technology also affect the way in which the health
and safety professional carries out their job. Although it has been known for a long time that
asbestos was harmful to health, the substance was not banned until a few years ago and
cases of illness associated with it are predicted to continue to rise as those who were exposed to it develop fatal conditions. Now, we have legislation in place to protect workers
who might come into contact with it.
Demographic changes have reshaped the workplace in recent years, and with these
changes have come a new set of challenges for the health and safety professional. More
women are now involved in the workplace, in different sectors and at different levels. As
well as requiring specific protection, in the case of pregnancy and VDUs, they may also
need different sized PPE and tools. They may also bring a perspective to work and to the
question of safety that differs considerably from that of the formerly male-dominated workplace.
With economically precarious times come changed priorities at work; it may be that safety
breaches or lax practices are not challenged because workers have a fear of losing their
jobs and prefer to keep quiet about something that may well cause injury or death.
major developments in Health and Safety legislation during the 1980s and 1990s, known
colloquially as the Six Pack were government's legislative responses to European Directives.
Initiatives in other areas can impact on Health and Safety. In 2008, Dame Carol Black authored the report Working for a Healthier Tomorrow, which was jointly published by the Department of Health and the Department of Work and Pensions. This joint publication signified the degree to which the link between work and health was accepted and taken seriously by government.
In 2009, the then-Secretary of State for Work and Pensions James Purnelle asked Rita
Donaghy to conduct an Inquiry into the underlying causes of fatal accidents in the construction industry as a reponse to the "unacceptable level of fatalities". Her report, One Death is
Too Many, was widely acclaimed within the Health and Safety industry.
The Young Report
As a result of the change of government in 2010 and the degree of public prejudice against
the simplistic portrayal of Health and Safety, fuelled by elements of the press, Lord Young
was given the task of conducting a review of health and safety legislation and regulation
with a view to reducing its impact on business and streamlining certain aspects of its adminstration.
His report was accepted in full by the government and in a publication called Good Health
and Safety, Good for Everyone, released in March 2011, several proposals were outlined.
One of these was for a register of Health and Safety consultants, which will be covered later
in this module. Another significant proposal was that which concerned H&S inspections. It
read as follows:
Targeting and reducing inspections
The Government has identified three categorisations of non-major hazard industries:
1. those sectors which present comparatively high risk and where, in our judgement, proactive inspection remains necessary as part of the overall regulatory approach;
2. those sectors where there remains comparatively high risk but proactive inspection is not
considered a useful component of future interventions; and
3. those areas where proactive inspection is not justified in terms of outcomes.
The categorisations set out above will inevitably change in their composition over time e.g.
as an industrial sector improves its health and safety record, or as new industries with new
health and safety challenges emerge. However, based on current analysis, the categorisations would result in the following groupings:
(i) Comparatively high risk areas where proactive intervention to be retained. The major areas for inclusion are currently considered to be construction, waste and recycling, and areas of manufacturing which are high risk e.g. molten and base metal manufacture;
(ii) Areas of concern but where proactive inspection is unlikely to be effective and is not
proposed e.g. agriculture, quarries, and health and social care; and
(iii) Lower risk areas where proactive inspection will no longer take place. These areas include low risk manufacturing (e.g. textiles, clothing, footwear, light engineering, electrical
engineering), the transport sector (e.g. air, road haulage and docks), local authority administered education provision, electricity generation and the postal and courier services.
HSE will reduce its proactive inspections by one third (around 11,000 inspections per year)
through better targeting based on hard evidence of effectiveness based on these categorisations. As now, HSE will work closely with industry bodies to manage and control specific
health and safety risks, looking to industry to take the lead so that HSE can concentrate its
own interventions on those areas where it has a unique contribution to make. In both areas
(i) and (ii), HSE will continue to undertake inspections for enforcement purposes or to follow
up complaints when such an intervention appears to be necessary. The basis on which
HSE follows up complaints from workers and the public about health and safety and inves-
and the increasing skills and capability overseas and by cheap transport. Could a reversal
bring about a revival in manufacturing in Britain or will skills and capability losses continue?
The increase in offshoring of knowledge based jobs, driven by cheap labour and cheaper
and improved communications and leading to shifting workplace demographics in the UK
and management issues of dispersed workforces.
A global economy impacts on our working patterns the need to be always available to
cope with time differences can impinge on work/life balance. The need to deal with other
cultures and other languages places additional psychosocial demands on workers.
Globalisation affects migration of workers from one country to another. Migrant workers
[see next section] can be at higher risk than indigenous workers. Illegal migrants could be at
higher risk still.
The increasing length of supply chains as goods made overseas pass through complex
outsourcing networks make it difficult to monitor the quality, authenticity and traceability,
which could lead to health and safety problems resulting from their use, while at the same
time making it difficult for HSE to deal direct with manufacturers. The lack of customs
checks across the EU could add to difficulties.
Foreign direct investment into Britain the purchase of British companies by overseas
owners - may result in the importing of different health and safety cultures. Although bound
by UK law in this country, they may not always appreciate the importance attached to health
and safety.
Major changes in global trade could have significant impacts on the UK economy, driving
societal change. Gordon Brown, when Chancellor in 2007, claimed that unskilled Britons
would find themselves without jobs in ten years as a result of globalisation. UK competitiveness in a global market is one of the uncertainty axes in HSE's Scenarios for the Future of
Health and Safety in 2017.
Motivations in coming to the UK, particularly where these are premised on earning as
much as possible, in the shortest possible time;
Ability to communicate effectively with other workers and with supervisors, particularly in
relation to their understanding of risk;
Access to limited health and safety training and their difficulties in understanding what is
being offered, where proficiency in English is limited;
Failure of employers to check on their skills for work and on their language skills;
Employment relationships and unclear responsibilities for health and safety, in particular
where workers are supplied by recruitment agencies or labour providers or are selfemployed; and
Lack of knowledge of health and safety rights and how to raise them, including knowledge
of the channels through which they can be represented.
Health and safety training
More than a third of the migrants had not received any training in health and safety and for
the remaining two-thirds the training that had been offered was generally limited to a short
session at induction. But there were some differences by sector, for example those in Public
Healthcare had longer periods of induction training and were more likely to be offered ongoing training.
Communicating health and safety training where there is no common language presents
challenges to employers and some had responded by developing means of conveying information through non-verbal mediums. Migrant workers particularly welcomed visual aids,
as they could overcome the limitations that a lack of English presented. However, the
greater the range of methods used to communicate, the more successful they were perceived to be by the workers interviewed. Any single method used exclusively was unlikely to
deliver a comprehensive message, understood by all workers.
The system of health and safety in the workplace
There was a widespread lack of knowledge of basic health and safety procedures, including
fire safety. Although most workers had been provided with some protective clothing, this
often failed to take account of the fact that workers had difficulty in acclimatising themselves
to the different environmental conditions they experienced in the UK, in contrast to their own
country. In addition, since many migrant workers had not previously worked in the occupations they were following in the UK, acclimatisation was sometimes a difficulty, particularly
where migrants did not possess suitable clothing even though they were working outside or
inside but in chill departments. Allocation to the least desirable work also meant that workers were more likely to be working in areas that experienced extremes of temperature.
Workers consequently fell ill more frequently and in general believed that their health had
suffered as a consequence of the work they were doing.
Those working with chemicals in general had little knowledge of what they were composed
of and formal training was not necessarily sufficient, especially where technical language
was used to explain the nature of the risk.
A relatively high proportion (one in four) of migrant workers had either themselves experienced an accident at work or had witnessed accidents involving migrant co-workers. This
suggests a higher level of accidents than would be experienced by UK workers. Most of
these accidents involved cuts, falls and slips and were sometimes said to have been associated with fatigue, most usually brought about by long working hours. Migrants also said
that they would often not report accidents that had occurred, as they were concerned that
employers might view them as a risk and dismiss them. In the case of those who were
working without documents, a fear of deportation was also given as a reason for not reporting accidents.
In some of the sectors surveyed it appears that migrants were under-estimating the risks
they faced in the jobs they were doing. Those who were undertaking work which they per-
ceived as below their qualifications or skills, tended to be less conscious of the risks associated with the jobs they were doing and thus took fewer measures to avoid risks. Consequently when considering strategies aimed at reducing health and safety risks it may be important to take account of whether or not the migrant worker is engaged in a sector in which
she or he has had previous experience.
In some cases, where labour shortages had been experienced in the past, employers reported that the presence of a migrant labour force which could provide stability to the workplace had helped to reduce accident levels and that they had been able to demonstrate this
through a decline in their own accident rates. Some employers also pointed to the fact that
migrant workers who were better skilled or educated took a more responsible approach to
work, which also could prevent accidents. Where accidents had occurred these were said to
be in the early period of employment, in particular in relation to young workers.
Appropriate health and safety for a transient workforce
The investigation of health and safety incidents is made more difficult where there is little
incentive for the migrant worker to remain in the UK and that is more likely to be the case
where the incident would require time off work. Since the primary purpose of migration is to
earn money, remaining in the UK without being able to work appears to serve no useful
purpose to the migrant worker who is generally faced with higher living costs in this country.
The migrant workers interviewed rarely had access to occupational sick pay or knowledge
of its existence. However, this lack of provision and knowledge potentially is advantageous
to employers who are thus less likely to be challenged by compensation claims and importantly are less vulnerable in the event of an HSE inspection, if the worker to whom questions can be put is no longer available.
Hazard.
Risk.
Danger.
later.
However, for the moment let us introduce the different definitions that are used and the
sources from which they come:
BS8800.
BS8800 defines a hazard as "a source or a situation with a potential for harm in terms of
human injury or ill health, damage to property, damage to the environment, or a combination of these."
OHSAS 18001.
OHSAS 18001 defines a hazard as a "source or situation with a potential for harm in terms
of injury or ill health, damage to the workplace, damage to the workplace environment, or a
combination of these."
Five Steps To Risk Assessment.
The Health and Safety Executive in its Guidance to Risk Assessment leaflet define a hazard
as anything that can cause harm (e.g. chemicals, electricity, working from ladders, etc)."
The Management of Health and Safety at Work Regulations 1999.
In Regulation 3 of the Management of Health and Safety at Work Regulations 1999, a hazard is defined as - "something with the potential to cause harm (this can include substances
or machines, methods of work and other aspects of work organisation)."
So, there are plenty of definitions from which to choose, although, if you read them closely,
it can be seen that they all use one key word - "harm" - within their text. This word is, therefore, key to what is defined as a hazard and how you use hazard in the right context. Harm
can have two meanings, which are both important in the world of health and safety management:
Both of these above phrases are not desired when it comes to managing health and safety.
the potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
the population which might be affected by the hazard, i.e. the number of people who
might be exposed.
So, according to the Management of Health and Safety at Work Regulations' definition
,there are three things to take into account when defining risk.
The table below is an example of using the definitions outlined above to show how a window cleaner using a ladder would define hazard and risk:
Hazard
Risk(s)
The ladders
For each of the outlined risks, there will be different influences on what affects the likelihood
and severity of the risks. For example, the number of people working near the window
cleaner, pieces of machinery or equipment in proximity, the ladder being secured to prevent
it from moving and becoming unbalanced etc. These and other factors must be taken into
account.
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Question 5
An example of a hazard which represents an immediate danger is?
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HSG65
BS8800
OHSAS18001
Time spent on improving an organisation's health and safety could provide a financial return
in terms of:
Within Europe, the first three strands are the key drivers, while Australasia and the USA
have been developing an approach that reduces the regulatory burden (through inspections) for organisations which meet the specified systems and self-audit criteria. From almost all quarters, there is agreement that OHMS is the way to reduce ill-health at work, although such implied claims are not matched by proper evaluation.
The 'success' hypothesis posits that ensuring senior management commitment and the integration of health and safety into the day-to-day decisions of organisations will reduce illhealth. The 'paper tiger' hypothesis suggests that many risks are ignored by such systems,
which generate a great deal of paperwork and may create obstacles to worker involvement.
The 'sham' hypothesis is openly critical of OHMS, seeing it as a pretext to deregulate.
At a conference in Finland in October 2001, the ILO launched a new international OHMS
(International Labour Office, 2001).
For occupational hygiene practitioners, there is an ongoing debate, crystalised around two
key questions
Those with a broader responsibility in the political arena should note that managerial solutions are desirable, but not when they exclude either the workforce or wider society through
the regulatory framework. OHMS may offer a significant opportunity to improve the health of
the workforce or it may be a smokescreen for deregulation. But then another convergent
theme is the growth of Socially Responsible Investment so perhaps - whatever the deregulators may wish - OHMS will have to be a servant of organisations genuinely seeking better
health and safety outcomes.
3.8 HSG65.
HS(G)65 is the Health and Safety Executive's own management system that was first published in 1991. The publication was titled 'Successful Health and Safety Management' and
soon after its launch, it became a much-needed document for serious health and safety
managers. HS(G)65 was revised in 1997 after the Health and Safety Executive recognised
its influence on the health and safety industry.
The updated standard is now entitled HSG65 Successful Health and Safety Management
(you will note that the updated version dropped the (G) to G, making it easy to distinguish
between the old and new versions.)
Policy
A written health and safety policy is a legal requirement embodied in the Health and Safety
at Work etc Act 1974. It is also the first stage of the HSG65 management system model.
Having a written policy showing commitment to health and safety within the organisation is
an important aspect.
The policy itself may come in a variety of forms, but essentially should outline the way in
which the company is thinking and the direction it wishes to take with regards to its pursuit
of a healthy and safe working environment.
HSG65 gives more detailed information in its text regarding what should form the basis of
the policy statement:
Set the direction for the organisation by:
Outline the details of the policy framework, showing how implementation will take place by:
Identifying the director or key senior manager with overall responsibility for formulating and implementing the policy.
Having the document signed and dated by the director or chief executive.
Explaining the responsibilities of managers and staff.
Recognising and encouraging the involvement of employees and safety representatives.
Outlining the basis for effective communication.
Showing how adequate resources will be allocated.
Committing the leaders to planning and regularly reviewing and developing the policy.
Securing the competence of all employees and the provision of any necessary specialist advice.
A review period for the policy must be set so that the document can be continually updated
and reflect current and best practice as well as any advancement in safety legislation.
Organisation
There are four main components that HSG65 identifies as important issues when organising health and safety in an organisation:
Control.
Co-operation.
Communication.
Competence.
Lead by example: demonstrate your commitment and provide clear direction - let
everyone know health and safety is important.
Identify people responsible for particular health and safety jobs - especially where
special expertise is called for e.g. doing risk assessments, driving fork lift trucks etc.
Ensure that managers, supervisors and team leaders understand their responsibilities and have time and resources to carry them out.
Ensure everyone knows what they must do and how they will be held accountable set objectives.
Co-operation
Chair your health and safety committee - if you have one. Consult with your staff
and their representatives.
Involve staff in planning and reviewing performance, writing procedures and solving
problems.
Co-ordinate and co-operate with those contractors who work on your premises.
Communication
Competence
Planning
Planning is the key to ensuring that your health and safety efforts really work. Planning for
health and safety involves setting objectives, identifying hazards and assessing their risks,
implementing standards of performance and developing a positive culture. It is often useful
to record your plans in writing. Your planning should provide for:
Identifying hazards and assessing risks, and deciding how they can be eliminated or
controlled.
Complying with the health and safety laws that apply to your organisation.
Agreeing health and safety targets with managers and supervisors.
A purchasing and supply policy which takes health and safety into account.
Design of tasks, processes, equipment, products and services and safe systems of
work.
Procedures to deal with serious and imminent danger.
Co-operation with neighbours, and/or subcontractors.
Measurable.
Achievable.
Realistic.
Statements such as 'staff must be trained' are difficult to measure if you don't know exactly
what 'trained' means and who is to do the work.
'All machines must be guarded' is difficult to achieve if there is no measure of adequacy of
the guarding.
Many industry-based standards exist and you can adopt and set your own, preferably referring to numbers, quantities and levels that are seen to be realistic and can be checked. For
example:
Ask yourself:
Active monitoring (before things go wrong) involves regular inspection and checking to ensure that your standards are being implemented and management controls are working.
Reactive monitoring (after things go wrong) involves learning from your mistakes, whether
they have resulted in injuries, illness, property damage or near-misses.
Active monitoring (before things go wrong): Are you achieving the objectives and standards
you set yourself and are they effective?
Reactive monitoring (after things go wrong): Investigating injuries, cases of illness, property
damage and near-misses - identifying in each case why performance was sub-standard.
You need to ensure that information from active and reactive monitoring is used to identify
situations that create risks, and do something about them. Priority should be given to the
greatest risks. Look closely at serious events and those with potential for serious harm.
Both require an understanding of the immediate and the underlying causes of events.
Investigate and record what happened and find out why. Refer the information to the people
with authority to take remedial action, including organisational and policy changes.
Ask yourself:
Ask yourself:
3.9 BS8800/OHSAS18001.
The Origins of OHSAS 18001
The British Standards Institution was given the task of developing a specification for an occupational health and safety management system that could be integrated into an organisation's overall management system. This resulted in BS 8800:1996 being published, which is
a guide to occupational health and safety management systems that can be based on either
the environmental standard ISO 14001, or the Health and Safety Executive's Guidance
Note HSG65.
For many years, there has been demand for a certification scheme for occupational health
and safety, which intensified with the publication of BS 8800 in 1996. However, whilst BS
8800 offers guidance on implementing an occupational health & safety management system, it is not and never was intended for certification purposes.
The pressure was, therefore, for a certification scheme that could offer independent verification that an organisation has taken all reasonable measures to minimise risks and prevent
accidents. The situation prompted many certification bodies to develop their own specifications based on BS 8800. The inevitable irregularities between the specifications made this
an undesirable way forward.
In response, a committee was formed in November 1998 chaired by the British Standards
Institution, and consisted of the major UK certification bodies and other national standard
organisations known to be active in health and safety, with the remit of creating a single
specification. This resulted in the Occupational Health and Safety Assessment Series (OHSAS) 18001, which unified the existing schemes.
Structure of OHSAS 18001
Objectives.
Documentation.
Operational control.
6 Management review.
The ISO 9000:2000 series was created after extensive consultation with users. It is simpler,
more flexible for organisations to adopt and embraces the use of Plan-Do-Check-Act principles and Process Management.
The single most significant change to ISO 9001 is the movement away from a procedurallybased approach to management (stating how you control your activities) to a process based
approach (which is more about what you do). This shift enables organisations to link business objectives with business effectiveness more directly. The ISO 9001:2000 includes the
following main sections:
1. Quality Management System- an organisation needs to ensure that it has established
what its processes are, how they interact with each other, what resources are required to
provide the product and how the processes are measured and improved. When the above
has been established then a system for the control of documentation has to be implemented together with the Quality Manual and controls for looking after records.
2. Management Responsibility - the management at the highest level in the organisation will
need to be conversant with this important section of the standard. It is their responsibility to
set policies, objectives and review the systems, as well as communicating the effectiveness
of the systems within the organisation.
3. Resource Management - more emphasis has been placed on the resources the organisation needs to ensure that the customer receives what has been agreed. It covers not only
people but also physical resources such as equipment premises, and any support services
required.
4. Product Realisation- this section covers the processes that are needed to provide the
product/service. These processes cover activities such as taking instruction from the customer, the design and development of products, the purchasing of materials and services
and delivery of the products and services.
5. Measurement Analysis and Improvement- carrying out the measurement of the products,
customer satisfaction, the management systems and ensuring continual improvement of the
systems are vital to the management of the systems.
In comparison with the original standard, the revised standard:
who can best meet your requirements. A good place to start is by contacting the ISO.
Develop a Quality manual
A Quality manual is a high-level document that outlines your intention to operate in a quality
manner. It outlines why you are in business, what your intentions are, how you are applying
the standard and how your business operates.
Develop support documentation
This is typically a procedure manual that supports the Quality manual. Quite simply, it outlines what you do to complete a task, describing who does what, in what order and to what
standard.
Implement your Quality Management System
The key to implementation is communication and training. During the implementation
phase, everyone operates to the procedures and collects records that demonstrate you are
doing what you say you are doing.
Consider a pre-assessment
A pre-assessment by your registrar normally takes place about six weeks into the implementation of the quality system. The purpose of the pre-assessment is to identify areas
where you may not be operating to the standard. This allows you to correct any areas of
concern you may have before the initial assessment.
Gain registration
You should arrange your initial assessment with your registrar. At this point, the registrar
will review your QMS and determine whether you should be recommended for registration.
Continual assessment
Once you have received registration and been awarded your certificate, you can begin to
advertise your success and promote your business. To maintain your registration, all you
need to do is continue to use your quality system. This will be periodically checked by your
registrar to ensure that your Quality System continues to meet the requirements of the
standard.
Commitment to the process must be led by the senior management of the business
- paying 'lip service' will invariably end up in failure.
TQM can be addressed in a business in a number of ways. The most common are:
A policy of zero defects - any problems in the production process are filtered out before they get anywhere near the customer.
Quality chains- each stage of the production process is seen as being a link in the
chain right down to the relationship between one worker in the process and another.
Quality circles - meetings of those directly involved in the production process to discuss and solve problems and make improvements to that process.
Statistical monitoring - the use of data and statistics to monitor and evaluate production processes and quality.
Consumer feedback - using market research and focus groups to identify consumer
needs and experiences and to build these into the process.
Changing production methods- many businesses, where appropriate, have looked at
the layout of their production processes - it could be the move to open plan offices,
the development of teams or the use of cell production to improve worker commitment to the philosophy.
TQM invariably involves some sort of cost. Re-organising the business in any of the ways
above, involves not only capital cost but also the cost of training staff. High quality change
management is therefore an essential ingredient of the success of such strategies.
Costs can however be saved if the change is successful. The cost of replacing damaged or
faulty goods can be high - if the business waits until the end of the process other resources
will have been wasted. The improved communication between suppliers and the firm should
help to reduce defective components.
Other benefits may involve the effect on customer loyalty and repeat purchases, as well as
winning over customers from rivals. Image and reputation can take many years to win but
only a short time to lose so the stakes for the business are high.
To prove that the business has rigorous quality standards, external certification by a respected body is seen as being important. Such external certification could be through the
Investors in People programme - a recognised standard in the training and professional development of staff in a business - and through such bodies as the ISO.
Two certificates are particularly sought-after - ISO 9000 and ISO 14000. The former is concerned with quality management in relation to customer requirements, customer satisfaction, adherence to regulations and the pursuit of continuous improvement.
The latter is related to the impact of the firm's activities on the environment and the firm's
attempts to improve its performance in this respect. Getting certification means that the
company can send a message to companies around the world, who recognise this standard
- currently, around ninety countries - regarding the quality that they can expect when dealing with the company.
The standards for ISO 9000 deal with the following areas:
1. Quality management systems - establishing and monitoring the process whereby product
and service quality are maintained.
2. Management responsibility- how the management establish, maintains, monitor and
communicate its commitment to the standards.
3. Resource management - how the business provides the resources - both physical and
human - to enable the standards to be met and maintained.
4. Product realisation requirements- how businesses establish and monitor quality from
concept to final product or service delivery.
Improved perception of the key environmental issues by their employees and a better (greener) public image of the organisation.
An increase in the efficiency and use of energy and raw materials.
Improved ability to achieve compliance with environmental regulations.
Dependence on a system rather than just the experience and capabilities of an individual to manage the environmental function of an organisation.
In 1992, SAGE's recommendations created a new committee, TC 207, for international environmental management standards. The committee and its sub-committees include representatives from industry, standards organisations, government and environmental organisations from many countries. The new series of ISO14000 standards are designed to cover:
environmental auditing;
environmental labelling;
life-cycle assessment;
Title / Description
14000
14001
14010
14011
Guidelines for Environmental Auditing - Audit Procedures Part 1: Auditing of Environmental Management Systems.
14012
14013/15
14020/23
Environmental Labelling.
14024
Environmental Labelling - Practitioner Programmes - Guiding Principles, Practices and Certification Procedures of Multiple Criteria Programmes.
14031/32
14040/43
14050
Glossary.
14060
tion that affects them and - being unaware - are often not meeting the requirements of that
legislation.
The company will declare its primary environmental objectives, those that can have most
environmental impact. In order to gain most benefit, these will become the primary areas of
consideration within the improvement process, and the company's environmental programme. The programme will be the plan to achieve specific goals or targets along the
route to a specific goal and describe the means to reach those objectives such that they are
real and achievable. The environmental management system provides further detail on the
environmental programme. The EMS establishes procedures, work instructions and controls to ensure that implementation of the policy and achievement of the targets can become a reality. Communication is a vital factor, enabling people in the organisation to be
aware of their responsibilities, aware of the objectives of the scheme and to contribute to its
success.
As with ISO9000, the environmental management system requires a planned comprehensive periodic audit of the environmental management system to ensure that it is effective in
operation, is meeting specified goals and the system continues to perform in accordance
with relevant regulations and standards. The audits are designed to provide additional information in order to exercise effective management of the system, providing information on
practices which differ from the current procedures or offer an opportunity for improvement.
In addition to audit, there is a requirement for management review of the system to ensure
that it is suitable (for the organisation and the objectives) and effective in operation. The
management review is the ideal forum to make decisions on how to improve for the future.
1. Policy.
Developed in consultation with workers, this should be signed by a senior member of the
organisation. It should commit the organisation to protecting the health and safety of employees, compliance with applicable laws and guidance, consultation with employees and
their participation and continuous improvement. The guidance stresses very forcefully the
importance of employee consultation and participation in all elements of the safety management system for it to be effective. As such, the ILO-OSH guidelines highly recommend
the establishment of a health and safety committee and the recognition of safety representatives.
2. Organising
Whilst the employer retains overall responsibility for H&S, specific roles should be delegated/allocated throughout the organisation. This includes delegation of responsibility, accountability and authority. The structure and processes need to be in place to, amongst
other things:
Particularly recommended is the appointment of a senior individual for overseeing the development and maintenance of the OSH management system elements as a whole, promoting participation and periodic performance reporting.
Competence and training are stressed as key elements needed to implement such a programme. OSH management system documentation (policy, objectives, key
roles/responsibilities, significant hazards and methods of prevention/control, procedures,
etc.) should be created and maintained. Additionally, records should be kept, e.g. accident
data, health surveillance, other monitoring data.
3. Planning and Implementation.
This should start with an initial review to understand where the organisation sits currently. It
should:
This initial review provides the baseline for future continuous improvement.
The next stage is the planning, development and implementation of the safety management
system (based on the results of initial or subsequent reviews). This should involve the setting of realistic, achievable objectives and the creation of a plan to meet those objectives. It
should also involve selecting appropriate measurement criteria which will later be used to
see if the objectives have been met and help with the allocation of resources.
Preventative and protective measures should be planned and implemented to eliminate
and/or control risks to H&S. These should follow the general hierarchy of control:
eliminate;
control at source (using engineering and organisational measures);
minimise (safe systems of work, including administrative controls);
PPE if risks cannot be adequately controlled by collective measures.
Management of change is also important. Changes may occur internally (new processes,
staff, etc.) as well as externally (legal changes, mergers, etc.) and it is important to manage
those changes in a systematic way. Risk assessment is a key part of that, as well as ensuring that people are consulted and that any proposed changes are properly communicated to
those likely to be affected.
Plans should also cover foreseeable emergencies (prevention, preparedness and response
aspects), such as fire and first aid.
Procurement procedures should make sure that H&S requirements (national and organisational) are an integral part of purchasing and leasing specifications. You should also ensure
that the organisation's H&S requirements are applied to contractors (including contractor
selection and their work on site - hazard awareness, training, co-ordination and communication, accident reporting, site rules, compliance monitoring, etc.).
4. Evaluation.
Procedures need to be in place to monitor, measure and record performance of the H&S
system. You should use a mixture of qualitative and quantitative and active and reactive
performance measures. You should not just rely on accident rate data. Active monitoring
includes things such as inspections, surveillance, compliance with laws, achievement of
plans, etc. Reactive monitoring includes reporting and investigation of accidents/ill-health
and OSH system failures. Accidents, etc. should be properly investigated to determine the
root cause failures in the OHS management system. Investigations should be properly
documented and remedial action implemented to prevent recurrence.
The organisation should have an audit policy (scope, competency, frequency, methodology, etc.). Audits seek to evaluate the performance of the OHS management system elements (or a sub-set) and should at least cover:
Policy.
Worker participation.
Responsibility/accountability.
Competence and training.
Documentation.
Communication.
Planning, development, implementation.
Preventative and control measures.
Management of change.
Emergency preparedness.
Procurement.
Contracting.
Performance monitoring/measurement.
Accident investigations.
Audits.
Management review.
Preventative and corrective action.
Continuous improvement.
The audit should ultimately make conclusions about the effectiveness of the OHS management system.
A management review should evaluate the overall OHS management system and progress towards the organisation's goals. It will, of course, use data from monitoring, measuring and auditing of the system as well as take account of other factors (including organisational changes) that may influence the system in the future. It will establish whether
changes are needed to the system (or components). The results need to be recorded and
communicated.
5. Action for Improvement.
OSH management system performance monitoring, audits and management reviews will
necessarily create a list of corrective actions. You must ensure that firstly, you establish the
root causes of the problems requiring correction and secondly, that there is a system in
place for making sure that actions are carried out (and checks made on their effectiveness).
6. Continual Improvement.
The organisation should strive continually to improve. It should compare itself with other
similar organisations.
Effective risk management requires a thorough understanding of the context in which your
Department or Agency operates. The analysis of this operating environment enables you to
define the parameters within which the risks to your outputs need to be managed.
The context sets the scope for the risk management process. The context includes strategic, organisational and risk management considerations. According to the Standard, strategic context defines the relationship between the organisation and its environment. Factors
that influence the relationship include financial, operational, competitive, political (public
perceptions / image), social, client, cultural and legal. The definition of the relationships is
usually communicated through frameworks such as the SWOT (strengths, weaknesses,
opportunities and threats) and PEST (Political, Economic, Societal, and Technological).
The organisational context provides an understanding of the organisation, its capability and
goals, objectives and strategies. According to the Standard, organisational context is important because:
risk management occurs within the context of endeavouring to achieve the goals
and objectives;
failure to achieve the objectives is one set of risks that need to be managed;
the goals and strategies assist to define whether a risk is acceptable or unacceptable.
The risk management context defines that part of the organisation (goals, objectives, or project) to which the risk management process is to be applied.
B. Identify risks.
Identify the risks most likely to impact on your outputs, together with their sources and impacts. It is important to be rigorous in the identification of sources and impacts as the risk
treatment strategies will be directed to sources (preventative) and impacts (reactive).
C. Analyse risks.
Identify the controls (currently in place) that deal with the identified risks and assess their
effectiveness. Based on this assessment, analyse the risks in terms of likelihood and consequence.
D. Evaluate risks.
This stage of the risk assessment process determines whether the risks are acceptable or
unacceptable. This decision is made by the person with the appropriate authority. A risk that
is determined as acceptable should be monitored and periodically reviewed to ensure it remains acceptable. A risk deemed unacceptable should be treated (see below). In all cases,
the reasons for the assessment should be documented to provide a record of the thinking
that led to the decisions. Such documentation will provide a useful context for future risk
assessment.
E. Determine the treatments for the risks.
Treatment strategies will be directed towards:
avoiding the risk by discontinuing the activity that generates it, (rarely an option
when providing services to the public);
reducing the likelihood of the occurrence;
reducing the consequences of the occurrence;
transferring the risk;
retaining the risk.
Potential treatment options are developed according to the selected treatment strategy. The
selection of the preferred treatment options takes into account factors such as the costs and
effectiveness.
The determination of the preferred treatments also includes the documentation of implementation details (eg responsibilities, a timetable for implementation and monitoring requirements).
The intention of these risk treatments is to reduce the risk level of unacceptable risks to an
acceptable level (ie: the target risk level).
F. Monitor and report on the effectiveness of risk treatments.
The relevant manager is required to monitor the effectiveness of risk treatments and has
the responsibility to identify new risks as they arise and treat them accordingly. Managers
are also required to report on the progress of risk treatments at regular intervals. The person who has the responsibility for a risk treatment is expected to provide feedback on the
progress of the 'project / initiative' as detailed in the 'monitoring' field of the treatment.
Key Features
Originally designed for health and safety, CHASE is used for any type of loss control
- Environmental, Quality, Food Hygiene, etc.
CHASE is designed to be flexible so you use it to monitor your performance against
your standards - edit or create your own questions to make it specific to your organisation.
Create and follow up recommendations and actions plans.
Monitor performance over time.
Built-in evaluation and audit scheduling.
CHASE enables managers to extract useful information from audit and monitoring
data.
Line managers can perform their own self-assessments, backed up with external
verification by independent auditors.
CHASE is easy to use and cost-effective.
Question 6
Which of the following are the benefits of a formal Health and Safety Management system?
Multiple Choice - Multianswer
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Question 7
Time spent on improving an organisation's health and safety could provide a financial return
in terms of:
Multiple Choice - Multianswer
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(OH&SMS), and any sector specific management systems are fully harmonized, and work
seamlessly in conjunction with the business planning, HR, finance, procurement, administration, operations, audit, management review and other systems.
Benefits
The benefits of integration include:
Simplified systems, optimized resources and a common framework for continual improvement. There are similarities between the quality, environmental and OHS programs. And
although they have different target audiences, their structure and approaches to regulatory
compliance and similar.
Employees working for an organisation with an integrated management system can perform
their jobs using one set of work instructions rather than multiple, sometimes conflicting
documents from different management systems. A single training process for new employees minimises contradiction. Areas can be identified where there may be overlapping responsibilities or duplication of effort.
Reducing the amount of documentation and providing all relevant information in one place,
results in happier employees who are not overwhelmed by multiple cross-references.
The following processes are common among quality, environmental and OHS systems and
can likely be integrated into one process that meets business needs:
Document control.
Record control.
Management review.
Employee training.
Design and development control.
Operational controls.
Measuring and monitoring device control
Equipment maintenance.
Purchasing.
Corrective action.
Preventive action.
Internal audits.
An established framework for continual improvement of quality, environmental and OHS
systems. Management not only establishes goals and objectives for quality, environmental
and OHS systems, but it also reviews them at regular intervals to ensure progress is being
made. Management also identifies opportunities for improvement. A formal corrective and
preventive action system identifies ways to improve the system and ensures all actions are
verified as being effective before they are closed out.
Integrated Management System reviews can help ensure each element develops at the
same rate. In contrast, independent systems could develop at different rates, leading to incompatibility
Facilitating better decision making by providing a more complete view of the impact of the
quality, environmental and occupational health & safety programs on business performance.
Improvement in organisational performance. A formal system that helps identify potential
problems, risks or hazards can reduce or eliminate customer complaints, product nonconformities, accidents, illnesses or environmental incidents in the workplace. This can also
reduce costs associated with environmental cleanups, workplace injuries, illnesses, fatalities and fines form regulatory compliance organisations.
Raising awareness of, and promoting the interaction and interrelation of Quality, Environmental, and Health & Safety systems with the company's operational and business proc-
esses which eliminates the idea that quality, environment and safety are separate or nonessential parts of the business.
Bringing together expertise in each discipline to address specific issues. This would promote the exchange of fruitful initiatives (eg employee and supply chain surveys) and techniques (eg risk assessment and problem-solving methodologies) between the disciplines.
Also, the specialists when working together are likely to arrive at optimum solutions that
take fully into account the needs of each discipline.
Limitations
There are also limitations to integration, these include the following:
The existing systems may simply work well. A process of integration could threaten the coherence and consistency of current arrangements that have the support of everyone involved. There can be a tendency to develop over documented, bureaucratic processes.
This is true for single management systems and increases for systems intended to meet the
requirements of multiple standards. Organizations tend to write lengthy, complex procedures and work instructions that gather dust because they are rarely used. This causes
employees to grumble about "the bureaucratic management system that doesn't let us do
our business."
Time factors. The time during which you are planning and implementing an integrated system is a period of organisational vulnerability. Existing procedures may lapse, or be found
wanting, at the moment when key personnel are focusing attention on the development of
new systems. Auditing all elements of an IMS at the same time requires an audit team
competent in all aspects of the system and may be time-consuming and demanding for the
auditee.
Rivalries of resource allocation may impair the collective operation of an integrated system.
If a quality management system already exists, environmental and OHS professionals often
resist tacking their requirements onto the existing quality system. Likewise, quality professionals often resist "contaminating" the system with requirements that do not relate to the
quality of the product.
Limits on degree of integration. ISO 14001:1996 and OHSAS 18001:1999 are highly compatible
and can be readily integrated. However, some Occupational Health and Safety and Environmental Management System requirements do not easily integrate with existing quality
systems. For example, aspect identification and significance determination, as well as legal
and other requirements, do not readily fit with an existing quality management system, as
health and safety and environmental management are underpinned by UK statute, while
quality management system requirements are largely determined by customer specification.
International recognition. BS EN ISO environment and quality management standards are
internationally recognised and certificatable, but the OHSAS 18001 Occupational health
and safety management systems specification, though certificatable, is not internationally
recognised. This may distort the coherence of these systems.
AA1000.
Business Principles for Countering Bribery.
Global Compact.
Global Reporting Initiative.
ISO 14001.
Millennium Development Goals (MDGs).
OECD Guidelines for MNEs.
OECD Principles on Corporate Governance.
SA8000.
UN Norms on the Responsibilities of TNCs and Other Business Enterprises with
Regard to Human Rights.
oped to underlie and inform decision-making. These principles are about framing a spirit
and rule of behaviour to help employees resolve particular dilemmas or choices. Other
standards like the GRI or ISO 14001 are more specific about actions but focus on processes like reporting or environmental management systems, without being prescriptive
about outcomes. A third group require a particular performance or impact. For instance, the
OECD Guidelines for MNEs or the draft UN Norms on human rights tend to be more specific on acceptable behaviour.
Consideration 3: Should the standard apply to a specific country, sector or issue?
A given company may want to choose a standard that provides more in-depth guidance relating to a particular sector, country and/or issue. Some examples are as follows:
1. Country specific.
Certain countries have evolved their own standards or charters for acceptable practice in
the corporate sector. For instance, the King Report on Corporate Governance in South Africa is highly esteemed, and Japan has its Nippon Keidanren Charter of Corporate Behaviour.
2. Sector specific.
Particular sectors may also have evolved their own codes, such as the Equator Principles in
the finance sector. However, some of these are less highly regarded than others. For instance, the chemical industry's Responsible Care initiative is typically perceived as rather
minimalist and baseline.
3. Issue specific.
Specific codes are also available for specific issue areas, for instance ISO 14001 relates
specifically to environmental management systems, SA8000 to labour standards and OECD
Principles on Corporate Governance to issues of corporate governance.
Table 1, at the end of this page, aims to capture these headline considerations, likely options and examples of where decisions might lead.
Implementation.
In reality, most companies will need a portfolio of standards to satisfy a range of objectives
some of which will be subject to external assurance and stakeholder review, and some of
which will not.
Actual implementation of any particular standard can be challenging, as those that look
good on paper may sometimes be less helpful in practice. Some questions to consider on
this front might include:
1. How clear or complex is the standard?
2. Is it written specifically with business in mind or is significant interpretation required?
3. How much guidance is provided? This may be written directly into the standard, e.g.
within the Business Principles for Countering Bribery, or may be in the form of additional primers, guides and case studies, e.g. the Global Compact learning forum.
Table 1: Summary of headline considerations & options
Consideration
Options
Examples
Establish a baseline.
ISO 14001.
SA8000.
1. What business
objectives need to be Reach for the sky.
met?
Secure external credibility.
3. Do particular
countries, sectors or
issues need to be
borne in mind?
Specify performance.
Country specific.
Sector specific.
Issue specific.
3.20 SA8000.
An SA8000 certificate proves that your social accountability system has been measured
against a best practice standard and found compliant. Issued by a third party certification
body/registrar, the certificate lets customers know they can trust that you have implemented
the necessary internal processes to ensure basic human rights for your employees.
SA8000 is based on a number of existing international human rights' standards including
the United Nation's Universal Declaration of Human Rights and the UN Convention on the
Rights of the Child.
SA8000 is a comprehensive, global, verifiable standard for auditing and certifying compliance with corporate responsibility. It is applicable to both small and large companies that
want to demonstrate to customers and other stakeholders that they care. The heart of the
standard is the belief that all workplaces should be managed in such a manner that basic
human rights are supported and that management is prepared to accept accountability
for this.
An international perspective.
The standard was initiated by Social Accountability International (SAI). SAI is a non-profit
organisation dedicated to the development, implementation and oversight of voluntary verifiable social accountability standards.
The SA8000 system is modelled after the established ISO 9001 and ISO 14001 standards
for quality and environmental management systems. The standard was developed and
field-tested by the non-profit Council on Economic Priorities (CEP), and assisted by an international advisory board including representatives of prominent corporations, human
rights organisations, certification professionals, academics and labour.
SAI has accredited a few certification bodies/registrars to audit and issue accredited certificates.
3.22 The Influence of the Turnbull Report on Health & Safety Management.
Headline requirements.
There are four basic requirements within the Report, which can be summarised as follows:
1. The maintenance of a sound system of internal control.
2. Regular review of the effectiveness of the system of internal control.
3. An annual statement on the effectiveness of the system of internal control.
4. An annual review of the effectiveness of internal audit, or the need for internal audit if
there is no such function.
The important thing to remember is that all four requirements are the responsibility of the
board of directors. Whilst there is some leeway for delegation of certain aspects to board
committees, it is made very clear that those committees must report to the board, which retains overall responsibility.
For some organisations, each of the above might represent a significant document in its
own right, whilst for others, all of the procedural and control matters might be contained
within one document. It all depends on the size and complexity of the undertaking.
What is important is to recognise that they all become out-of-date very quickly and once
they are out-of-date, they are only good for one thing: providing proof positive that the internal control system is not effective.
Clearly, it is essential that each of the above components be monitored in such a way that
the board can have confidence in the process.
Each component must be regularly reviewed in detail; both for relevance and effectiveness.
The responsibility for such reviews must be delegated to a specific member of the management team.
It is equally essential that the outcome of each review should be reported to the board and
that the directors have the opportunity to discuss each subject fully and obtain the explanations they consider necessary before approving any changes to the system.
It would be advisable for the Board Procedures Manual or the Terms of Reference to contain a timetable for dealing with the above reviews, in order to ensure that they are included
in the appropriate agendas.
the governing body acknowledges responsibility for the system of internal control;
an ongoing process is in place for identifying, evaluating and managing the significant risks;
an annual process is in place for reviewing the effectiveness of the system of internal control;
there is a process to deal with the internal control aspects of any significant problems disclosed in the annual report and accounts.
The Turnbull report states that in assessing what constitutes a sound system of internal
control, deliberations should include:
The report also says that the system of internal control should:
be embedded in the operation of the organisation and form part of its culture;
be capable of responding quickly to evolving risks;
include procedures for reporting any significant control failings immediately to appropriate levels of management. In the HE sector, this needs extension to the governing body, where appropriate.
Size matters
It is worth pointing out, at the very start, that Turnbull recognises the problems that total
compliance might cause to smaller, less complex companies and makes repeated reference to the need for judgement and a cost/benefit type approach by directors when assessing the appropriateness of the internal control system within their company.
There is also discussion of the effective management of health and safety, including the
appropriate allocation of resources and responsibilities, setting and monitoring performance
standards and the establishment of systems for feedback and implementation of corrective
action in order to minimise loss.
Management Duties
The Health and Safety At Work Act (HASAWA) 1974 says that "it shall be the duty of every
employer to ensure, so far as is reasonably practicable, the health, safety and welfare at
work of all his employees".
More recently, Regulation 4 of the Management of Health and Safety at Work (MHSW)
Regulations 1999 lays down that every employer shall make arrangements for the "effective
planning, organisation, control, monitoring and review of the preventive and protective
measures".
Safety management: employer duties and employee rights
A common problem faced by safety representatives is getting management to carry out
their legal duties. The lack of a sound safety management system leads safety matters to
be ignored or dealt with in an unacceptably ad-hoc fashion and allows managers to evade
responsibility or explain away health and safety failures.
Health and Safety Culture
A positive health and safety culture is important if you are to effectively manage the health
and safety of your organisation. In reference to health and safety culture can you relate to
the following:
I recognise that the attitudes and decisions of senior managers are critical in setting
the priorities of the organisation. My attitudes and those of my senior managers will
impact on the styles of behaviour and priorities of those below us in the organisational hierarchy. If I think it is necessary I will organise training for myself or any of
my managers so that we all understand this.
A manager's role is not simply restricted to directing work and monitoring compliance with rules and regulations. Managers must act as leaders and facilitators: they
must encourage suggestions, motivate their staff and engage with the workforce to
solve health and safety problems.
Senior Management must want to hear what is really happening, not what our managers think we want to hear. We should know where there are problems and where
things could go wrong. Our staff must feel able to tell us this. When they do, we
must work with them to find a solution.
I want my staff to work safely and comply with the rules, but I also want them to
show initiative and be proactive in improving health and safety. Employees play an
important part in shaping the safety culture of the organisation. To do this I must engage with them and encourage joint involvement of supervisors with employees in
safety activities, wherever possible.
I make sure that health and safety is not viewed as a separate function, but as an integral part of productivity, competitiveness and profitability and that our health and
safety risks are recognised as part of our business risks.
Leading by Example.
Again, can you relate to the following key points:
Whenever I discuss health and safety I make it clear that an exemplary health and
safety performance is our aim and that we value the health and well-being of our
workers, contractors, visitors and members of the public.
Health and safety is on the agenda of any board or management meeting and the
company routinely reports our health and safety performance as part of our commitment to corporate social responsibility. I expect health and safety to be on the
agenda of management meetings at all levels in the company.
Health and safety performance is an important element of performance reviews.
Managers are accountable for the health and safety performance of their departments. They have specific and reasonable responsibilities. I ensure that my managers know we have adequate resources to carry out our work in a healthy and safe
manner and that I do not tolerate 'corner cutting' on health and safety standards. I
make sure they know that the health and safety policy, the major accident prevention policy or the company safety cases or reports are not just token documents but
that I expect them to be implemented.
I know we are able to measure our health and safety performance through useful
and meaningful indicators. These measures compare our performance both internally over time, and also externally against others working with similar hazards.
I set long-term goals for the control of major hazards and health and safety as I do
for financial and production goals and have a plan to meet these. Every opportunity
for learning is taken and used in our drive for continuous improvement.
I meet the workforce regularly and discuss health and safety with them. I encourage
staff to raise health and safety concerns and issues. I ensure a specific and timely
response to each suggestion made. I know that individuals who raise issues or
make suggestions are provided with positive feedback on their contribution and are
informed personally of the actions taken as a result of their input.
I am confident that contracts are awarded to companies who can demonstrate a
good health and safety performance and who have a good understanding of the
hazards they will encounter while working for us. I meet regularly with the managers
of our contractors to review their health and safety performance against our clearly
defined expectations and to consider how their activities can impact on our health
and safety performance.
All incidents and near misses are investigated fully to identify the underlying causes
and follow up on the agreed action. While I acknowledge that people make mistakes, I do not accept accident investigation reports that identify 'human error' as the
sole cause of an accident.
Systems
For your systems to support your health and safety objectives can you relate to the following points
I demonstrate that I understand where in our activities major accidents and incidents
can occur and that suitable engineering/ technical and human controls are in place.
This is not at the expense of conventional health and safety issues, but I understand
that the control of major hazards is a priority.
I am confident members of my staff are competent to carry out the tasks they are
required to perform. Our competence management system identifies safety critical
roles and tasks and these are routinely reviewed.
I know we have developed key performance indicators for major hazards and that
process safety performance is monitored and reported against these parameters.
Our accident/incident investigation procedure ensures we consider all issues, including human factors. It ensures immediate, as well as underlying management-related
causes are identified, without attributing blame, and that corrective action is taken to
prevent the incident happening again.
I will make sure that arrangements are in place to facilitate communication and enable people to discuss health and safety. I know my managers encourage the staff
to be involved in making health and safety decisions wherever possible. Anyone
can, when they perceive the need, intervene in the work process to prevent hazardous working and suggest safer methods. They are fully supported by me, their supervisors and line managers in this approach.
I know that the technical integrity of my plant and equipment rests on good initial design, feedback from operations, thorough hazard studies, competent risk assessment and high standards of construction. I have systems that deal with all these issues.
I know that the technical integrity of my existing plant and equipment rests on good
maintenance plans and in carrying out maintenance to the highest standards. My
systems reassure me that all these issues are under control and that they are independently audited.
I know that many incidents result from poor control of organisational and technical
change. I am confident the systems on which I rely are up-to-date and subject to
monitoring and review.
Our systems give me a comprehensive review of the company's performance,
based on all sources of information including accidents, high potential incidents,
verification of results and monitoring of the important performance standards.
The policy should be specific to your business, and should be clear about arrangements
and organisation for health and safety at work.
It should influence all your activities, including the selection of people, equipment and materials, the way work is done and how you design goods and services.
A written statement of the policy and the organisation and arrangements for implementing
and monitoring it shows your staff, and anyone else, that hazards have been identified and
risks assessed, eliminated or controlled.
When you draw up or review your policy, you should discuss it with your employees or their
representatives for health and safety.
3.29 The Legal Requirements for a Written Health & Safety Policy.
There are two important pieces of legislation to keep in mind when referring to the organisations health and safety policy - The Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Health and Safety at Work etc Act 1974
This is the fundamental piece of health and safety legislation. It places general duties on
employers, people in control of premises, manufacturers and employees. These general
duties form the framework for all subsequent health and safety regulations.
Section 2 Subsection 3 of the 1974 Act requires employers to prepare, and maintain up-todate, a statement showing the policy on safety and the organisation and arrangements put
in place to ensure the general policy is carried out. The employer must ensure that all employees are aware of the policy and any revision made to it.
Regulation 5: Health and Safety Arrangements.
Regulation 5 of the Management of Health and Safety at Work Regulations 1999 makes
reference to the need for the establishment and effect of the health and safety policy within
the organisation as a document and as an important guide to the risk assessment process.
The text below has been taken from the Approved Code of Practice for the regulations:
(1) Every employer shall make and give effect to such arrangements as are appropriate,
having regard to the nature of his activities and the size of his undertaking, for the effective
planning, organisation, control, monitoring and review of the preventative and protective
measures.
(2) Where the employer employs five or more employees, he shall record the arrangements
referred to in paragraph (1).
PLANNING.
Employers should set up an effective health and safety management system to implement
their health and safety policy, which is proportionate to the hazards and risks. Adequate
planning includes:
(a) Adopting a systematic approach to the completion of a risk assessment. Risk assessment methods should be used to decide on priorities and to set up objectives for eliminating
hazards and reducing risks. This should include a programme with deadlines for the completion of the risk assessment process, together with suitable deadlines for the design and
implementation of the necessary preventative and protective measures.
(b) Selecting appropriate methods of risk control to minimise risks.
(c ) Establishing priorities and developing performance standards both for the completion of
the risk assessment(s) and the implementation of preventative and protective measures,
which at each stage minimises the risk of harm to people.
ORGANISATION.
This includes:
(a) Involving employees and their representatives in carrying out risk assessments, deciding
on preventative and protective measures and implementing those requirements in the
workplace.
(b) Establishing effective means of communication and consultation in which a positive approach to health and safety is visible and clear. The employer should have adequate health
and safety information and make sure it is communicated to employees and their representatives, so informed decisions can be made about the choice of preventative and protective
measures. Effective communication will ensure that employees are provided with sufficient
information so that control measures can be implemented effectively.
(c) Securing competence by the provision of adequate information, instruction and training
and its evaluation, particularly for those who carry out risk assessments and make decisions about preventative and protective measures.
CONTROL.
Establishing control includes:
(a) Clarifying health and safety responsibilities and ensuring that the activities of everyone
are well coordinated.
(b) Ensuring everyone with responsibilities understands clearly what they have to do to discharge their responsibilities, and ensure they have the time and resources to discharge
them effectively.
(c) Setting standards to judge the performance of those with responsibilities and ensure
they meet them. It is important to reward good performance as well as to take action to improve poor performance.
(d) Ensuring adequate and appropriate supervision, particularly for those who are learning
and who are new to a job.
MONITORING.
Employers should measure what they are doing to implement their health and safety policy,
to assess how effectively they are controlling risks, and how well they are developing a
positive health and safety culture.
Monitoring includes:
(a) Having a plan and making adequate routine inspections and checks to ensure that preventative and protective measures are in place and effective. Active monitoring reveals how
effectively the health and safety management system is functioning.
(b) Adequately investigating the immediate and underlying causes of incidents and accidents to ensure that remedial action is taken, lessons are learnt and long-term objectives
are introduced.
REVIEW.
Review involves:
(a) Establishing priorities for necessary remedial action that were discovered as a result of
monitoring to ensure that suitable action is taken in good time and is completed.
(b) Periodically reviewing the whole of the health and safety management system including
the elements of planning, organisation, control and monitoring to ensure that the whole system remains effective.
Description of the general components of a health and safety policy document:
Public Ltd
Company
Charity
Partnership
Collective
General
1. The Company attaches great importance to health and safety matters and accepts the
responsibility to carry out its operations to ensure that, as far as is practicably possible, neither staff, visitors nor customers shall be exposed to risks to their health and safety. All activities at the company's premises shall be carried out with the highest regard for the health
and safety of staff, visitors and customers.
The Responsibilities of the Company
2. The Company will make every practical effort to comply with the obligations laid down
under the Health and Safety at Work Act 1974. In particular by:
a) providing a safe workplace with safe access to and from the premises and a healthy
working environment;
b) providing safe and healthy systems of work by taking all practical steps to ensure that all
plant, machinery and equipment is designed, constructed and operated in a safe manner,
including the provision of appropriate protective equipment and clothing.
c) providing safe arrangements for the use, handling, storage and transport of articles and
substances;
d) giving instruction, training, supervision and information to enable all employees to carry
out their duties in safety and to actively contribute to the safety within the organisation;
e) providing first aid facilities and training;
f) consulting staff about arrangements for implementing, promoting and developing health
and safety at work.
3. The Company will use its best endeavours to:
a) ensure that this policy is actively complied with and to create a climate in which there is
an awareness of the importance of health and safety:
b) define areas of responsibility for safety where appropriate;
c) maintain a set of codes of practice and procedures relating to health and safety;
d) provide the necessary resources with which to pursue this policy;
e) ensure that any person other than employees and volunteers is protected by this policy;
f) ensure that employees and other persons affected by this policy are aware of it.
4. The company will encourage employees to examine this policy and take action or seek
advice appropriate to their situation. The company will be willing at any resonable time to
discuss any aspects of the policy with all or any employees.
5. This policy will from time to time be reviewed and amended as necessary. Employees will
be kept informed of any amendments.
Employee Responsibilities
6. All employees have an important part to play in the operation of the Health and Safety
Policy.
7. Every employee has a responsibility for ensuring that they:
a) undertake the work they are required to do taking reasonable care for the health and
safety of themselves, their colleagues, visitors, customers, contractors and members of the
public;
b) use protective clothing and equipment when and where necessary;
c) not interfere with or misuse anything provided in the interests of health and safety;
d) report any incident to the management which may have led to injury or damage;
e) give all assistance as required in the investigation of accidents;
f) become familiar with and conform to this policy and relevant safety instructions at all
times;
g) co-operate with the management in any efforts to comply with the Health and Safety at
Work Act 1974.
General Arrangements
Fire Safety:
Escape routes and Assembly points:
Names, locations and telephone numbers
of fire marshals:
Frequency of fire drill practice (full evacuation):
Frequency of fire alarm test:
Arrangement for maintenance check of fire
alarm, smoke detectors or sprinkler system:
production losses; assessing accident trends and reviewing overall safety performance.
Keeping contact with official and professional bodies, e.g. HSE, EMAS, fire authority, local
government authorities, Institution of Occupational Safety and Health, voluntary organisations.
Liaison with safety representatives and safety committees, and assisting in management/operative consultations.
Fostering within the firm an understanding that injury prevention and damage control are
integral parts of business and operational efficiency.
Keeping up to date with recommended codes of practice and new safety literature; circulating the relevant information to each level of employee.
Liaison with contractors at times of joint responsibilities; checking of safety policies; monitoring and advising as necessary on safety matters related to their operations.
Liaison with employer's insurance company(s).
Assisting management in monitoring the implementation of policy.
4.1 The MHSW Regulations & the Health & Safety Practitioner.
The Management of Health and Safety at Work regulation plays a big part in the role of
health and safety specialists in the design, implementation, evaluation and maintenance of
health and safety management systems. Regulation 7, in particular, gives direct guidance
on health and safety assistance within the organisation. This regulation is set out below.
Regulation 7:Health and Safety Assistance.
(1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent
persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by the relevant statutory provisions and by
the Regulatory Reform (Fire Safety) Order 2005.
(2) Where an employer appoints a person in accordance with paragraph (1), he shall make
arrangements for ensuring adequate co-operation between them.
(3) The employer shall ensure that the number of persons appointed under paragraph (1),
the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.
(4) The employer shall ensure that:(a) Any person appointed by him in accordance with paragraph (1) who is not in his employment;
(i) is informed of the factors known by him to affect, or suspected by him of affecting, the
health and safety of any other person who may be affected by the conduct of his undertaking, and;
(ii) has access to the information referred to in regulation 10, and;
(b) Any person appointed by him in accordance with paragraph (1) is given such information
about any person working in his undertaking who is:
(i) employed by him under a fixed term contract of employment, or
(ii) employed in an employment business,as is necessary to enable that person properly to
carry out the function specified in that paragraph.
(5) A person shall be regarded as competent for the purposes of paragraphs (1) and (8)
where he has sufficient training and experience or knowledge and other qualities to enable
him properly to assist in undertaking the measures referred to in paragraph (1).
(6) Paragraph (1) shall not apply to a self employed employer who is not in partnership with
any other person where he has sufficient training and experience or knowledge and other
qualities properly to undertake the measures referred to in that paragraph.
(7) Paragraph (1) shall not apply to individuals who are employers and are together carrying
on business in partnership where at least one of the individuals concerned has sufficient
4.2 The Role of the Health & Safety Practitioner in the Consultative Process
In the HSE publication "Successful Health and Safety Management", the role and functions
quires scientific, medical or technical advice which is outside his area of expertise.
He may also be involved in safety committees, either in a chairing role or simply in an advisory capacity during committee deliberations. It is interesting to note that in October 1997, a
discussion document was circulated within health and safety circles concerning the role of
the safety professional in the workplace. The term "safety professional" covers such diverse
staff as safety advisers, occupational hygienists, doctors, nurses, safety managers, personnel officers, training officers, facilities managers, ergonomists, engineers and radiation protection advisers. The qualifications range from the highly-qualified doctor to the personnel
manager who has completed perhaps a non-examination, three-day, basic health and
safety awareness course.
The "professional" safety adviser needs to be a person with a wide range of abilities and a
recognised safety qualification at degree level if possible, or at least an IOSH or BSc diploma in occupational safety and health.
turn that accountability into a positive opportunity to identify and achieve career objectives.
At least once a year, the professional should review their learning over the previous 12
months, and set development objectives for the coming year. Reflecting on the past and
planning for the future in this way makes development more methodical and easier to
measure.
Some people find it helpful to write things down in detail, while others record 'insights and
learning points' in their diaries as they go along. This helps them to assess their learning
continuously. These records and logs are useful tools for planning and reflection: it would
be difficult to review learning and learning needs yearly without regularly recording in some
way things that have been experienced.
How CPD benefits an organisation.
As organisations shift the responsibility for personal development back to the individual, the
ability and insight to manage professional growth is seen as a key strength. CPD helps to
maximise staff potential by linking learning to actions and theory to practice. It also helps
professionals to set SMART (specific, measurable, achievable, realistic and time-bound)
objectives, for training activity to be more closely linked to business needs.
It can also help promote staff development. This leads to better staff morale and a motivated workforce helps give a positive image/brand to organisations. It can be linked to the
appraisal system by helping employees focus their achievements throughout the year.
hold that they are absolute, or eternal, in that they never change, and also that they are universal insofar as they apply to all rational creatures around the world and throughout time.
The second and more this-worldly approach to the metaphysical status of morality follows in
the skeptical philosophical tradition, such as that articulated by Greek philosopher Sextus
Empiricus, and denies the objective status of moral values. Technically, skeptics did not
reject moral values themselves, but only denied that values exist as spirit-like objects, or as
divine commands in the mind of God. Moral values, they argued, are strictly human inventions, a position that has since been called moral relativism.
A second area of metaethics involves the psychological basis of our moral judgments and
conduct, particularly understanding what motivates us to be moral. We might explore this
subject by asking the simple question, "Why be moral?" Even if I am aware of basic moral
standards, such as don't kill and don't steal, this does not necessarily mean that I will be
psychologically compelled to act on them. Some answers to the question "Why be moral?"
are to avoid punishment, to gain praise, to attain happiness, to be dignified, or to fit in with
society.
Normative ethics.
Normative ethics involves arriving at moral standards that regulate right and wrong conduct.
In a sense, it is a search for an ideal litmus test of proper behavior. The Golden Rule is a
classic example of a normative principle: We should do to others what we would want others to do to us. Since I do not want my neighbor to steal my car, then it is wrong for me to
steal her car. Since I would want people to feed me if I was starving, then I should help feed
starving people. Using this same reasoning, I can theoretically determine whether any possible action is right or wrong. So, based on the Golden Rule, it would also be wrong for me
to lie to, harass, victimize, assault, or kill others. The Golden Rule is an example of a normative theory that establishes a single principle against which we judge all actions. Other
normative theories focus on a set of foundational principles, or a set of good character
traits.
The key assumption in normative ethics is that there is only one ultimate criterion of moral
conduct, whether it is a single rule or a set of principles. Three strategies will be noted here:
(1) virtue theories, (2) duty theories, and (3) consequentialist theories.
Virtue Theories.
Many philosophers believe that morality consists of following precisely defined rules of conduct, such as "don't kill," or "don't steal." Presumably, I must learn these rules, and then
make sure each of my actions live up to the rules. Virtue ethics, however, places less emphasis on learning rules, and instead stresses the importance of developing good habits of
character, such as benevolence (see moral character).
Duty Theories.
Many of us feel that there are clear obligations we have as human beings, such as to care
for our children, and to not commit murder. Duty theories base morality on specific, foundational principles of obligation. These theories are sometimes called deontological, from the
Greek word deon, or duty, in view of the foundational nature of our duty or obligation. They
are also sometimes called nonconsequentialist since these principles are obligatory, irrespective of the consequences that might follow from our actions. For example, it is wrong to
not care for our children even if it results in some great benefit, such as financial savings.
Consequentialist Theories.
It is common for us to determine our moral responsibility by weighing the consequences of
our actions. According to consequentialism, correct moral conduct is determined solely by a
cost-benefit analysis of an action's consequences:
Consequentialism: An action is morally right if the consequences of that action are more
favourable than unfavourable.
Consequentialist normative principles require that we first tally both the good and bad consequences of an action. Second, we then determine whether the total good consequences
outweigh the total bad consequences. If the good consequences are greater, then the action is morally proper. If the bad consequences are greater, then the action is morally improper. Consequentialist theories are sometimes called teleological theories, from the
Greek word telos, or end, since the end result of the action is the sole determining factor of
its morality.
Applied Ethics.
Applied ethics is the branch of ethics which consists of the analysis of specific, controversial
moral issues such as abortion, animal rights, or euthanasia. In recent years applied ethical
issues have been subdivided into convenient groups such as medical ethics, business ethics, environmental ethics, and sexual ethics. Generally speaking, two features are necessary for an issue to be considered an "applied ethical issue." First, the issue needs to be
controversial in the sense that there are significant groups of people both for and against
the issue at hand. The issue of drive-by shooting, for example, is not an applied ethical issue, since everyone agrees that this practice is grossly immoral. By contrast, the issue of
gun control would be an applied ethical issue since there are significant groups of people
both for and against gun control.
The second requirement for in issue to be an applied ethical issue is that it must be a distinctly moral issue. On any given day, the media presents us with an array of sensitive issues such as affirmative action policies, gays in the military, involuntary commitment of the
mentally impaired, capitalistic versus socialistic business practices, public versus private
health care systems, or energy conservation. Although all of these issues are controversial
and have an important impact on society, they are not all moral issues. Some are only issues of social policy. The aim of social policy is to help make a given society run efficiently
by devising conventions, such as traffic laws, tax laws, and zoning codes. Moral issues, by
contrast, concern more universally obligatory practices, such as our duty to avoid lying, and
are not confined to individual societies. Frequently, issues of social policy and morality overlap, as with murder which is both socially prohibited and immoral. However, the two groups
of issues are often distinct. For example, many people would argue that sexual promiscuity
is immoral, but may not feel that there should be social policies regulating sexual conduct,
or laws punishing us for promiscuity. Similarly, some social policies forbid residents in certain neighborhoods from having yard sales. But, so long as the neighbors are not offended,
there is nothing immoral in itself about a resident having a yard sale in one of these
neighborhoods. Thus, to qualify as an applied ethical issue, the issue must be more than
one of mere social policy: it must be morally relevant as well.
In theory, resolving particular applied ethical issues should be easy. With the issue of abortion, for example, we would simply determine its morality by consulting our normative principle of choice, such as act-utilitarianism. If a given abortion produces greater benefit than
disbenefit, then, according to act-utilitarianism, it would be morally acceptable to have the
abortion. Unfortunately, there are perhaps hundreds of rival normative principles from which
to choose, many of which yield opposite conclusions. Thus, the stalemate in normative ethics between conflicting theories prevents us from using a single decisive procedure for determining the morality of a specific issue. The usual solution today to this stalemate is to
consult several representative normative principles on a given issue and see where the
weight of the evidence lies.
Issues in Applied Ethics.
As noted, there are many controversial issues discussed by ethicists today, some of which
will be briefly mentioned here.
Biomedical ethics focuses on a range of issues which arise in clinical settings. Health care
workers are in an unusual position of continually dealing with life and death situations. It is
not surprising, then, that medical ethics issues are more extreme and diverse than other
areas of applied ethics. Prenatal issues arise about the morality of surrogate mothering, ge-
netic manipulation of fetuses, the status of unused frozen embryos, and abortion. Other issues arise about patient rights and physician's responsibilities, such as the confidentiality of
the patient's records and the physician's responsibility to tell the truth to dying patients. The
AIDS crisis has raised the specific issues of the mandatory screening of all patients for
AIDS, and whether physicians can refuse to treat AIDS patients. Additional issues concern
medical experimentation on humans, the morality of involuntary commitment, and the rights
of the mentally disabled. Finally, end of life issues arise about the morality of suicide, the
justifiability of suicide intervention, physician assisted suicide, and euthanasia.
The field of business ethics examines moral controversies relating to the social responsibilities of capitalist business practices, the moral status of corporate entities, deceptive advertising, insider trading, basic employee rights, job discrimination, affirmative action, drug testing, and whistle blowing.
Issues in environmental ethics often overlaps with business and medical issues. These include the rights of animals, the morality of animal experimentation, preserving endangered
species, pollution control, management of environmental resources, whether eco-systems
are entitled to direct moral consideration, and our obligation to future generations.
Controversial issues of sexual morality include monogamy versus polygamy, sexual relations without love, homosexual relations, and extramarital affairs.
Finally, there are issues of social morality which examine capital punishment, nuclear war,
gun control, the recreational use of drugs, welfare rights, and racism.
ration or government bureaucracy, is asked to eliminate unethical behavior within their own
group, it may be in their interest in the short run to eliminate the appearance of unethical
behavior, rather than the behavior itself, by keeping any ethical breaches hidden, instead of
exposing and correcting them. An exception occurs when the ethical breach is already
known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden.
Insurance companies retain claims adjusters to represent their interest in adjusting claims.
It is in the best interest of the insurance companies that the very smallest settlement is
reached with its claimants. Based on the adjuster's experience and knowledge of the insurance policy it is very easy for the adjuster to convince an unknowing claimant to settle for
less than what they may otherwise be entitled which could be a larger settlement. There is
always a very good chance of a conflict of interest to exist when one adjuster tries to represent both sides of a financial transaction such as an insurance claim. This problem is exacerbated when the claimant is told, or believes, the insurance company's claims adjuster is
fair and impartial enough to satisfy both theirs and the insurance company's interests.
These types of conflicts could be easily be avoided by the use of disclosures.
A person working as the equipment purchaser for a company may get a bonus proportionate to the amount he's under budget by year end. However, this becomes an incentive for
him to purchase inexpensive, substandard equipment. Therefore, this is counter to the interests of those in his company who must actually use the equipment.
Representatives, in general, have different interests than their constituents. Thus, accepting
bribes to vote a certain way is in their interest (assuming they don't get caught), while not in
their constituents' interest. These actions are sometimes illegal, but often not, as in the case
of a politician accepting large amounts of money for a political campaign, and in return,
granting the contributor access to political leaders. This is often cited as an argument for
direct democracy (the replacement of representatives' votes with referenda).
Revolving door (politics), government workers or elected officials quitting public service to
work for the companies they used to regulate. Regulators are accused of using inside information for their new employers, or compromising laws and regulations in hopes of securing employment in the private sector.
Ways to mitigate conflicts of interests.
Removal.
The best way to handle conflicts of interests is to avoid them entirely. For example, someone elected to political office might sell all corporate stocks that he/she owns before taking
office, and resign from all corporate boards. Or that person could move his/her corporate
stocks to a special trust, which would be authorized to buy and sell without disclosure to the
owner. (This is referred to as a "blind trust".) With such a trust, since the politician does not
know in which companies he/she has investments, there should be no temptation to act to
their advantage.
Disclosure.
Commonly, politicians and high-ranking government officials are required to disclose financial information - assets such as stock, debts such as loans, and/or corporate positions
held, typically annually. Certain professionals are required either by rules related to their
professional organization, or by statute, to disclose any actual or potential conflicts of interest. In some instances, the failure to provide full disclosure is a crime.
Recusal.
Those with a conflict of interest are expected to recuse themselves from (i.e., abstain from)
decisions where such a conflict exists. The imperative for recusal varies depending upon
the circumstance and profession, either as common sense ethics, codified ethics, or by
statute. For example, if the governing board of a government agency is considering hiring a
consulting firm for some task, and one firm being considered has, as a partner, a close relative of one of the board's members, then that board member should not vote on which firm
is to be selected. In fact, to minimize any conflict, the board member should not participate
in any way in the decision, including discussions.
Judges are supposed to recuse themselves from cases when personal conflicts of interest
may arise. For example, if a judge has participated in a case previously in some other judicial role he/she is not allowed to try that case. Recusal is also expected when one of the
lawyers in a case might be a close personal friend, or when the outcome of the case might
affect the judge directly, such as whether a car maker is obliged to recall a model that a
judge drives. This is required by law under Continental civil law systems and by the Rome
Statute, organic law of the International Criminal Court.
Codes of ethics.
Generally, codes of ethics forbid conflicts of interests. Often, however, the specifics can be
controversial. Should therapists, such as psychiatrists, be allowed to have extraprofessional relations with patients, or ex-patients? Should a faculty member be allowed to
have an extra-professional relationship with a student, and should that depend on whether
the student is in a class of, or being advised by, the faculty member?
Codes of ethics help to minimize problems with conflicts of interests because they can spell
out the extent to which such conflicts should be avoided, and what the parties should do
where such conflicts are permitted by a code of ethics (disclosure, recusal, etc.). Thus, professionals cannot claim that they were unaware that their improper behavior was unethical.
As importantly, the threat of disciplinary action (for example, a lawyer being disbarred)
helps to minimize unacceptable conflicts or improper acts when a conflict is unavoidable.
As codes of ethics cannot cover all situations, some governments have established an office of the ethics commissioner. Ethics commissioner should be appointed by the legislature
and should report to the legislature.
your organization.
Examples of ethical values might include:a) Trustworthiness: honesty, integrity, promise-keeping, loyalty.
b) Respect: autonomy, privacy, dignity, courtesy, tolerance, acceptance.
c) Responsibility: accountability, pursuit of excellence.
d) Caring: compassion, consideration, giving, sharing, kindness, loving.
e) Justice and fairness: procedural fairness, impartiality, consistency, equity, equality, due
process.
f) Civic virtue and citizenship: law abiding, community service, protection of environment.
8. Compose your code of ethics; attempt to associate with each value, two example behaviors which reflect each value.
Critics of codes of ethics assert that they seem vacuous because many only list ethical values and don't clarify these values by associating examples of behaviours.
9. Include wording that indicates all employees are expected to conform to the values
stated in the code of ethics.
Add wording that indicates where employees can go if they have any questions.
10. Obtain review from key members of the organization. Get input from as many members
as possible.
11. Announce and distribute the new code of ethics (unless you are waiting to announce it
along with any new codes of conduct and associated policies and procedures).
Ensure each employee has a copy and post codes throughout the facility.
12. Update the code at least once a year.
As stated several times in this document, the most important aspect of codes is developing
them, not the code itself. Continued dialogue and reflection around ethical values produces
ethical sensitivity and consensus. Therefore, revisit your codes at least once a year -- preferably two or three times a year.
13. (Note that you cannot include values and preferred behaviors for every possible ethical
dilemma that might arise.
Your goal is to focus on the top ethical values needed in your organization and to avoid potential ethical dilemmas that seem mostly likely to occur.)
Consider the following guidelines when developing codes of conduct:
Identify key behaviors needed to adhere to the ethical values proclaimed in your code of
ethics, including ethical values derived from review of key laws and regulations, ethical behaviors needed in your product or service area, behaviors to address current issues in your
workplace, and behaviors needed to reach strategic goals.
Include wording that indicates all employees are expected to conform to the behaviors
specified in the code of conduct. Add wording that indicates where employees can go if they
have any questions.
Obtain review from key members of the organization. Be sure your legal department reviews the drafted code of conduct.
Announce and distribute the new code of conduct (unless you are waiting to announce it
along with any associated policies and procedures). Ensure each employee has a copy and
post codes in each employee's bay or office.
(Note that you cannot include preferred behaviors for every possible ethical dilemma that
might arise.)
Examples of topics typically addressed by codes of conduct include:
preferred style of dress,
avoiding illegal drugs,
following instructions of superiors,
being reliable and prompt,
maintaining confidentiality,
not accepting personal gifts from stakeholders as a result of company role,
avoiding racial or sexual discrimination,
avoiding conflict of interest,
Question 8
_____ in particular, gives direct guidance on health and safety assistance within the organisation.
Multiple Choice (HP)
Answer 1:
Regulation 6
Response 1:
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Answer 2:
Regulation 7
Response 2:
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Answer 3:
Regulation 8
Response 3:
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Answer 4:
Regulation 9
Response 4:
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places, we need HR professionals to work with us in partnership. This means that HR professionals need to understand there are different levels of safety and health practitioner for
different roles and responsibilities. Furthermore, for any senior safety and health position,
you should always look for a chartered safety and health practitioner or a graduate member
working towards chartered status. Too often, we see advertisements for senior health and
safety positions stating that the applicant "must hold the National Examination Board in Occupational Safety and Health Diploma". The fact is, under our new membership structure,
someone holding the NEBOSH diploma will still need to do two years' initial professional
development followed by a professional peer interview before they can be awarded chartered status. They must then maintain their CPD for the rest of their active career. With
higher standards throughout the profession, we aim to show that safety and health is certainly not a job for well-meaning amateurs. But we need HR professionals to understand the
need for competent health and safety advice in the workplace and from research IOSH
carried out with the Chartered Institute of Personnel and Development (CIPD), it is a message with which HR professionals seem to be getting to grips.
We also need some HR managers to realise the key role they have in promoting health and
safety in the boardroom. Safety and health professionals often report to the board or governing body via HR or personnel. There are many issues we need to face together including
managing work-related stress and sickness absence. At the national level, the CIPD, the
Health and Safety Executive and IOSH have been working on these matters for some time,
developing guidance and exploring best practice. But for real change to be achieved, collaboration within the workplace will be the key to success.
Gone are the days when it was possible to believe that health and safety could be managed
properly with a clipboard and pen. The new breed of safety and health practitioners know
how to work with senior decision-makers to deliver real business benefits.
Question 9
What type of ethics involves arriving at moral standards that regulate right and wrong conduct. In a sense, it is a search for an ideal litmus test of proper behavior? The Golden Rule
is a classic example.
Multiple Choice (HP)
Answer 1:
Metaethics
Response 1:
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Answer 2:
Normative
Response 2:
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Answer 3:
Applied
Response 3:
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Question 10
TQM stands for
Multiple Choice (HP)
Answer 1:
Response 1:
Jump 1:
This page
Answer 2:
Response 2:
Jump 2:
This page
Answer 3:
Response 3:
Jump 3:
Next page
Answer 4:
Response 4:
Jump 4:
This page