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Health & Safety at Work act etc 1974

Section 2
2.1 General duty to ensure so far
as reasonable practicable the
health & safety of employees

Section 3

2.2a Provision & maintenance of


safe plant & SSOW

Visitors disclosure of information

Section 4

Public contractor

Sharing workplace
Section 5

2.2b Safe use, handling, storage and


transport of materials

Emission

2.2c Information, Instruction,


Training and Supervision

Section 6

2.2d Safe access and regress


2.2e Adequate safe facilities
2.3.3Policy
2.2.4/5

Manufacturers

Health & Safety at


Work act etc 1974

Section 7
Employee duty

Safety rep

Section 8

2.2.6Consultation with safety reps

Employees not to interfere

2.2.7Establish committee if
requested by 2 reps in writing

Section 9
Charge for PPE

Section 37
Prosecution of Director /
Managers

Section 33
Not to obstruct inspector

Whistle Blowing

Employee good faith


Prescribed People

Law = The Public Interest


Disclosure act 1998

-Union Safety rep

Employees must have


reasonable belief of
one or more of the
following
Breach of legal obligation

-Employer
-H&S advisor
-Professional body
-HSE

Whistle Blowing
Prescribed people

Employee good faith

Employees
protected
against
-loss of job
-victimisation

Protected disclosure

-if job lost,


case for
unfair
dismissal

A criminal offence

Miscarriage of justice

Danger to the H&S of an


individual
Danger to the environment

Domino Theory
Event 5

Heinrich / Bird Loftus

Effect - injury

Event 4

Domino Theory

Accident
Event 3

Natural culmination of a
series of events leads
to a preventable injury
occurring

Chain of events

Unsafe act or condition

Remove as to prevent
accident
Event 2

Event 1

Fault of person

Ancestry / social environment

Bird & Loftus developed Heinrich model to include management influence


Benefits

Structured accident investigation

Bird & Loftus version encourages the search for underlying causes

Limitations

Simplistic straight chain thinking

Heinrich model restricts the findings of underlying causes

Compensation Amounts
Compensation Amounts
Special known
Loss of earnings up to trial
Modifications of house
Travel expenses
Special care
Medical costs
Legal expenses
General not know
After care
Pain & Suffering
Impact upon family life
Loss of ability
Loss of quality of life
Loss of future earnings

Reducing the risk of component failure


Reduce the risk of component failure
Burning in
Regular inspection
Monitoring of conductions ,e.g.. temp
Planned replacement
Information, e.g.. Life span
Component design
Life Span
Collection of failure information
Failure mode analysis
Introduction of parrelet systems
Standby systems
Planned preventative maintenance

Factors that affect perception


Factors that affect perception
Age
Experience
Physical ability
Personality
Attitude
Intelligence
Information received
Knowledge
Design & ergonomics
Knowledge & experience
Training
Senses
Visual
Audio
Smell
Feel
Environmental factors, e.g. noise
Drugs & alcohol
Fatigue e.g.. Shifts
Nature of hazard

Gaining Workforce Commitment


Gaining Workforce Commitment

Training

Leading from the front

Finding out reasons for resistance

Consultation with employees

Get their input

Use of step by step instructions

E.g. pilot schemes

Setting out clearly the reasons and benefits of the proposed change

Produce positive feedback

Get everyone involved

Demonstrate weakness in existing system

Accident Interview Techniques


Put person at ease
by explaining
purpose of
investigation

Finish interview on
a positive note
perhaps what
witness thinks can
be done to improve
Repeat witness
account back to
them to check that
it is fully
understood

Take notes
May need to adjust
language for
witness

Accident Interview
Techniques

Listen without
interruption
Careful Question Phrasing
What happened
What did you see
What times
Where
When
How
Who
Not why

Interview ASAP
after the event

Interview person at
the scene if
possible (props
easily available,
help memory)

Invite witness to
have
accompanying
person

Benefits of staying with HSG65


No cost for
certificates /
maintain
certification

Existing system
may be working
well

HSG65 is used by
the enforcing
bodies
HSG65 was
created to address
the requirements of
Reg5 MHSR99

Benefits of staying
with HSG65

Audits are
generally carried
out by health &
safety specialist

Organisation could
be exposed during
change over
OHSAS model may be too
sophisticated for smaller
companies
Increased
paperwork

Cost of change
over

Consideration when developing an audit program


Applicable legislation
Monitoring systems
for results

Resource required
to audit

Training for auditor

Consideration when
developing an audit
program

feedback

Frequency of
audits

Scoring system
Time required

Aspects to be
audited e.g..
Elements of
HSG65

Benefits of OHSAS18001
External regulation
e.g.. customer

Customer demand

Clearer standard
for benchmarking

Recently
accredited to ISO
standard (2007)

Benefits of
OHSAS18001
More prescriptive
system

External
assessment

International
recognition

Benefits of Integrated Management Systems


Team approach
Improved and/or equal
culture for all
standards/disciplines
Equal business
priority

Benefits of
Integrated
Management
Systems

Reduction in costs
Combined audits
Less duplicates
Same format used

Holistic approach
to risk
management

Equal influence

Combined
information
systems

Benefits of separate management systems


Existing systems
may work well
Resistance to
change

Business exposure
during integration
period

Benefits of
Separate
Management
Systems

Customer demand
ISO/OHSAS
required
Complex auditing

One discipline may


require a more
complex system to
meet business needs

Potential loss of
professional
disciplines required

Health & Safety /


Environmental
have a minimum
legal requirement

Multiple causation
Benefits
Thorough accident investigation

May be more use


than one underlying
cause

Identification of all
underlying causes including
effects of managers and
management systems

Not only if happens in


sequence

Encourages the use of a more


systematic accident analysis such
as fault tree analysis

Multiple causation
Thorough accident
investigation
requires all cause
to be identified
Failings usually
interact with each
other causing
incident, can be
major

Look at all factors


including culture,
management

HSWA 74 & Disabled person considerations


Section 2
Welfare provisions

1. General duty H&S


of employees

Safe access and


regress

Workplace circumstances

Reasonably
practicable measures
to ensure safe

Appropriate means
of training &
providing
information

HSWA 74 &
Disabled person
considerations
Nature of disability

Safe plant
Adaptation of
SSOW to suit

Disability discrimination act 1995


Unlawful for employer to
discriminate against a
disabled person when
he employs
Consider
effectiveness of
modifications.
E.g. fire alarm
effectiveness

Not to discriminate
during recruitment

Disability
discrimination act &
Disabled person
considerations
Equal promotion prospects

Reasonable
adjustments

Emergency
procedures
Workplace layout

Premises,
access /egress,
welfare

Vicarious Liability
Breach of civil law
Means to pay
claimant

Employers liability
insurance

Cases
Lister Vs Romford Ice
& Cold Storage

Vicarious Liability

Hudson Vs Ridge
manufacturing
(competent fellow
employees)

Employee employed by
employer

Defences
Volenti non fit
injuries
Contributory
negligence
Not acting within
scope of
employment
Not employed
No injury or
unforeseeable

Tort of negligence
committed by
employee
Negligent act
cause injury or loss
to third party

Employee acting in
course of
employment

Near miss systems


Clearly definition of
near Miss

Who will report near


misses

Positive feedback
for reporters
Training required

Define reporting lines


to ensure actions are
implemented

Ease of reporting,
clear, straight
forward format

Considerations
when developing a
near miss system
Consultation with
employee

Building of a fair
blame culture

Provision of
information,
instruction and
training

Purpose and Benefits of Near Miss Data


Helps get everyone
involved in safety

Near misses have


the potential to
become an accident

Identifies
opportunities for
improvements

Identifies inadequate
health and safety
management and/or
elements of the
management system

Purpose & Benefits


of near miss data

Investigation of near
misses and carrying out
improves/implementing
preventative measures

Shows management
commitment through
action follow up and feed
back
Data analysis can
show trends and
reoccurring issues
indicates areas to
improve

Identifies
inadequate training
Helps to identify
inadequate SSOW

Proactive approach
to incident
management

Design of controls
Easy to use e.g..
Toggles / switches

Keep number to
minimum

A change of system
state should only
occur after operation
of a control

Space between
each control

Control design
Arrange of controls
in sequence of use
Stop controls
should be easy to
activate
Controls should be
kept next to the
display that gives
the reading of its
output

Operating a control should


require a positive action by
the operator with
immediate effect

System restarts
should only occur
after operating a
control
Labels & shape put
to effective use

Design of Displays
Digital for quantative
information
Emergency
displays should be
clearly identifiable

Direct relation
between readout and
control

Dials with pointers to


convey qualative readings
Use of colours to give
clear indication of a
change in state

Correct number of
controls, too many
will overload
operators

Display design
Lights used for
status readings

VDUs to show
process overview

Characteristics Of A Positive Safety Culture


Reporting of
hazards by
employees

Open
communication
between managers
and shop floor

Management
commitment

Leadership by managers

Potentially low
accident rates

Characteristics Of A
Positive Safety
Culture
Availability of funds
and resources

Mutual trust
Strong participation
by employees

Good quality of
health and safety
training

Strategic role of H&S profession


Ensuring
organisation is
legally compliant
and keeping up to
date with
legislation changes

Policy development and


setting of objectives
Managing enforcing
bodies

Strategic role of
H&S profession

Auditing &
identifying further
opportunities for
improvement

Advising senior managers

Developing strong
good safety culture
Involvement in
reactive monitoring
e.g. accident
investigation

Developing /
agreeing plans for
improvement, short
and long term

Formulating &
developing
elements of the
H&S management
systems

Employer responsible for negligent act of contract vicarious liability


Case: Mersey docks &
harbour board
Vs Coggins & Griffiths
Act caused harm or
loss to third party

Contractor under
control of employer

Employer responsible for


negligent act of contract
vicarious liability

Acting in course of
employment

Employer authorises
negligent act

Contractor carrying
act over which
employer has
control

Requirement of Reg7 MHSR1999


Person competent to
advise
Exemption for
partners if one or
more is competent

Information on
temporary workers

Preference is
internal
appointment

Appoint one or more


persons

Requirement of
Reg7 MHSR1999

Provision of
information on
health & safety
issues to externally
appointed
(consultant)

Arrangements for
cooperation if more than
one

Number of and
time available
sufficient for size,
risk and risk
distribution of the
company

Typical client / contract for work carried out


Responsibilities for
emergency
planning

Contractor to maintain
legal compliance

Provision of
competent persons

Clients right to stop


work if unsafe

Define safety
responsibilities
between client &
contractor

Employer liability
insurance

Typical client /
contract for work
carried out

The requirement
that the contractor
has RAs,
SSOW,MSs
Clients right to
monitor safety
standards of
contractors

Requirement to
attend site H&S
induction before
workers start work
on site

The contractor /
client supplies
appropriate welfare

Limitations of measuring H&S performance


by accidents / incidents
Reactive

Absence of
incident does not
mean good
procedures in
place
Accident data may
be small hence not
being easy to see
trends

Data is subject to
random fluctuation

Does not reflect chronic


health issues

May take long time for


data to provide trends

Limitations of
measuring H&S
performance by
accidents / incidents

Under reporting
particularly when targets
are set

Data is a measure
of failure not
success

Data measures
effectiveness of
previous safety
measures not new
measures

Historic
performance can
not predict future
performance

Contracts
Contract must not
be to commit a
crime

Not mentally
incapacitated at the
time of the contract

An offer from one party


& acceptance from
another can be verbal or
written

Elements of legally
enforceable
contract

The intention to create


legal relations

Legal considerations
Money
Undertaking work/tasks

Genuine consent
gives the terms of
contract e.g.. No
misinterpretations

Parties involved
must have legal
capacity to do so
e.g.. adult

HAZOP
Create action plan
for improvement

Design stage of process

Define scope

Owner
What
When
Team effort

Identify possible
preventative
measures

HAZOP
Appropriate specialist
Engineers
Health & safety advisor

Assess impact of
deviations

Operators

No flow
Flow

Managers
Identify possible
deviations from
normal running

Defined Hazop leader


Process broken
down into sections
to analyse

Why a PTW system may not be used


Too bureaucratic
Difficult to organise
control measures

Potential hazards
not fully identified

Difficult system to use

Why a PTW system


may not be used

Absence of
competent person
to authorise

Poor safety culture e.g..


Routine work

Lack of
information,
instruction, training
and supervision
Permit not specific
to task
Too time consuming

Reasons to establish effective consultation


with employees
Statutory requirement

Improving
perception about
value of H&S

Health and safety


(consulting with
employees reg 1996)

Reasons to
establish effective
consultation with
employees

Promotion of good
safety culture through
employee involvement

Promote employee
ownership

Identification of
improvement
opportunities
Information from
shop floor

Practicable
Where technology or knowledge
exists must be implemented

Cases

Not as high a duty as Absolute but


higher duty than reasonably
practicable

Adsett vs K & L steel founders


(technology not known, silica dust)

Practicable

Cost of precautions is not a factor

Reasonable Practicable
Balance of cost vs risk

One factor must be grossly


disproportionate to the other
Duty not as strict as Absolute or
practicable

Reasonable
Practicable
Decision is reached to implement
precaution or not after balancing

Cases
Edwards vs National coal board
(shoring up of roadway) NCB
found liable as risk and
consequences was greater than
cost
Marshall Vs Gotham (gypsum
mine)

Reasons why accidents should be


investigated

Obtain information/evidence for


any future civil claim

Establish causes both immediate


and underlying causes

To ensure future preventative


actions can be defined and
implemented

Assess whether further training


and/or supervision is required

Investigation could provide useful


information for evaluating the
costs of accidents

Information gathered from


investigation can be used to
evaluate whether current
precautions are adequate, also
SSOW and existing risk
assessments are they adequate

Reasons why accidents


should be investigated
Assess compliance with legal
requirements

Demonstrate management
commitment

Accident investigation

Interview all parties involves


ASAP, e.g. injured party,
witnessess

Take photos, make sketches take


measurements of scene

Obtain and CCTV footage that


may be available

Identify immediate
causes/underlying causes

Accident investigation
Identify environmental factors that
could have contributed to the
accident e.g. poor light, noise, wet
conditions

Look at training records that may


exist for people involved in
accident

Look at any relevant procedures


that are in place

Look at any RA/SSOW in place

Analysing accident investigation data

Existing health and safety culture

Examine information objectively


i.e with a view to identify the
causes
Look at job factors involved e.g.
distractions

Quality of supervision

Look at any organisational factors


which may have contributed

Analysing accident
investigation data

Assess human factors that may


have been involved e.g. fatigue,
stress, alcohol

Competence of person involved


e.g. training/supervision

Where procedures adequate e.g.


RA/SSOW

Plant/equipment factors e.g.


serviceable/inspected

Take into account any


environmental factors that may
have exited e.g. noise, light, air
condition

Gain Support Of Workforce To Improve


Health And Safety Culture

Ensure positive feedback is given

Consultation, co-operation,
participation, competence,
commitment

Show management commitment


by leading from the front

Talk to the workforce, get their


input

Introduce new consultation forums

Understand current employee


perception of health and safety

Gain Support Of Workforce


To Improve Health And
Safety Culture

Set health and safety targets and


create plans for improvement,
communicate these plans to all of
the workforce

Have informal discussion, team


meetings etc
Introduce new improved safety
policy's and programmes e.g.
behavioural safety programme

Increase employee participation


e.g. risk assessments. H & S
meetings

Demonstrate good resource for H


&S

Train them, - show the benefits of


improved safety conditions

Consideration For Emergency Planning


Including COMAH Site

Identification of roles and responsibilities of key individuals in the planning stage e.g. technical support, engineers,
safety advisors, key managers
Consider the quantities involved e.g. flammables stored
Provision of information to local authorities
Possible causes of major incident e.g. fire in flammable tank farm
Estimating the likely extent of damage e.g. dispersion analysis of a gas release/explosion
Staff and equipment required to control the incident/minimise impact, call out arrangements
Setting up of an incident control team
Resources needed to deal with incident e.g. specialists
Raising the alarm both on site and off
Evacuation for both site and nearby residents/shelter arrangements
Training for staff in emergency plans arrangements
Action to minimize extent e.g. shutting of service
Search and rescue arrangements
Notification of emergency services and HSE
Control and management on site including roles and responsibilities for emergencies incident team
Provision of information for emergency service e.g. location of hazards and potential impact
Control of spillages/pollution, toxicity/flammability and possible adverse effects
Clean up/decontamination procedures
Dealing with the press
Consultation with emergency services e.g. technical advice
Emergency plan testing arrangements
Establishing control centres
Site plans information
Business continuity

Human Failure
Human Failure

Errors
Not deliberate

Skill based errors

Slips of action
Actions not as
planned
Steps in wrong
order
Too soon
Too late
Too strong
Too weak
Up rather than
down

Violations
deliberate

Mistakes

Lapses
Memory
Forget to carry
out action
Lose place in
task
Example forget to
turn something on

Routine
Normal way of
work

Doing the wrong


thing believing it to
be right

Rule based
Remember rules
of familiar
procedure
Apply wrong rule
Apply rules to
wrong situation

Knowledge
based
Unfamiliar
circumstance
Apply knowledge
Eg mechanic

Situational
Job pressure
Time
Rule not safe at
time
Incorrect
equipment

Exceptional
Emergency
situations
Something goes
wrong
Not carry out
safely decisions
taken, normally
due to time wont
allow

European Law
Regulations
Apply directly in member states
Go straight into member law
If conflict with National law European prevails
Rarely used
Directives

Can be applied to all members or individual members


Lay down objectives what achievement is required
Directives have to be implemented by member states.

Decisions

Can be made by Council or commission


Biding upon those they address
Main use is to allow a member state to depart from a requirement of a EU treaty

Articles of Treaty of Rome


Article 95

Intended to remove barriers to trade/ensure unrestricted movement


and sale
Harmonised product standards
E.g. Machinery Directive

Article 137

Setting of minimum standards of health and safety


Harmonisation and improvement of workplace health and safety
standards
E.g. Frame work directive 6 pack

Procedure for making regulations under


HSWA1974

Power to make regs given to


secretary of state by section 15
HSWA
Subject matter of reg should fall
within schedule 3 of the act

If vote against they are annulled

Passed it no vote against

Proposals must lie before both


houses of parliament for 40 days

Procedure for making regulations


under HSWA1974

Consultation between secretary


and HSC and other relevant
government bodies must occur

HSC could make proposal to


secretary of state

Cost vs Benefit Analysis as applies to


proposed regulation

Identify overall value to society of


proposed regulation

Comparison with cost of


implementing the regulation

Finally the calculated monetary


values are compared and a
decision is reached
Cost vs Benefit Analysis as
applies to proposed regulation

Cot and benefits both converted


into monetary values

Cost adjusted for different time


scales of implementation and
benefits that may occur

Cost of benefit in terms of


prevention of death, injury and ill
health

Ensuring Safety of other workers while


construction work is undertaken

Contractors informed of any site


hazards

Agree schedule/time frame for


work

PTW system may be required for


abnormal activities
Monitoring of contractor health
and safety performance
Ensure all waste removed
controlled

Provision of information on things


such as signing in/out procedures

Ensuring Safety of other workers


while construction work is
undertaken

Site induction procedure

Office employees fully informed of


location and nature of work
Establish emergency procedures
for contractors and normal staff
during the work
Presence of asbestos and control
measures
Safe storage of hazardous
materials

Barrier area of, close sections


where work carried out