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Effective Health & Safety Management Kev Coghill MIOSH RSP Senior Risk Consultant Marsh Risk Consulting Practice
Objectives • Introduce the UK H&S legal regime • Appreciate why H&S is important • Understand the risk assessment process • Summarise current “hot” topics - e.g. field trips/stress/noise • Recognise why H&S should be managed
Legal Moral Business So why bother with H&S? Fines and costs Court time Civil cases Notices Pain and suffering Duty to fellow human being Premiums Uninsured losses Reputation Morale Productivity
2003/04 Statistics • 235 fatalities • 159,809 RIDDOR reported injuries • An estimated 2.2 million people suffering from an illness caused or made worse by their current or past work • An estimated 39 million working days lost - 30 million due to ill health & 9 million due to injury
Criminal Civil By HSE or LA Leads to a fine/imprisonment Not insurable By injured person Leads to award of damages Must be insured UK legal system
Legal process • Someone is injured at work or by people at work • They make a civil claim for compensation (damages) • The HSE or local authority prosecute on behalf of the state (fine/imprisonment)
Duties on all at work To protect all affected by work Healthand Safety at Work etc Act 1974
Pre 1974 Legislation Factories Act 1961 OSRP Act 1963 Other Safety Acts Regulations Regulations Regulations
Post 1974 Legislation HASAWA 1974 Regulations A.C.O.P’s Factories Act 1961 OSRP Act 1963 Other Safety Acts Regulations Regulations Regulations
Legal Requirements • Health & Safety at Work etc Act 1974 • Management of Health & Safety at Work Regulations 1999 • Failure to comply is a criminal act • Employers CANNOT insure against failure to comply
Section 2 Section 2(1) - employers’ general duty • Duty to ensure ‘so far as is reasonably practicable’, the health, safety and welfare at work of employees and any others who may be affected by the undertaking….
Legal Standards “Reasonably Practicable” or “SFARP” • Implies a weighing up of the risk against the cost (in terms of time, money or trouble) of preventing or controlling the risk
Section 2 (cont.) • Provision of such information, instruction, training and supervision as is necessary to ensure , SFARP, the health and safety at work of employees and any others who may be affected….
Section 2 (cont.) Duty of Employers to Employees cont. • 2.2a - safe plant and systems of work • 2.2b - safe use, handling, storage and transportation of articles and substances • 2.2c - information, instruction, training and adequate supervision • 2.2d - safe place of work and a safe means of access and egress • 2.2e - safe working environment and adequate welfare facilities
Section 7 Duty of Employees at Work It shall be the duty of every employee whilst at work:- • to take reasonable care of their own health and safety and of any other person who may be affected by their acts or omissions • to co-operate with their employer so far as is necessary to enable that employer to meet their requirements with regards to any statutory provisions
Section 21 Improvement Notices If an inspector is of the opinion that a person:- • is contravening one or more of the relevant statutory provisions; or • has contravened one or more of those statutory provisions, in circumstances that it is likely that the contravention will continue or be repeated, then he will issue an Improvement Notice.
Section 22 Prohibition Notices If any activity is being, or is about to be, carried out that could result in serious personal injury, then an inspector may issue a Prohibition Notice. This notice will cause the immediate cessation of the activity involved until all measures are rectified.
Enforcement The HSE can take legal action against an employer/employee in a criminal court for H&S failures: • Unlimited fine and/or • Custodial sentence (Remember - you cannot insure against failure to comply with H&S legislation) If guilty = criminal record
British Justice INNOCENT until proven GUILTY beyond ALL REASONABLE DOUBT
Civil Litigation Provides for compensation to be paid to persons who suffer harm as a result of a work activity. • Can insure - Employers Liability Insurance • Burden of proof is NEGLIGENCE • Proof is “on the balance of probabilities” Effectively “guilty until you prove your innocence”
Reportable Reporting of: Injuries (accidents & incidents) Disease Dangerous Occurrences (Regulations)
Accident/Incident Investigation • RIDDOR only requires reporting of incidents etc. • No explicit legal requirement in any H&S legislation to investigate - therefore WHY DO IT?
Accident/Incident Investigation • HSW Act states - “employers must ensure….the health, safety and welfare of employees...” etc. • Reactive monitoring - to prevent the same or similar from happening again • Review/revise risk assessments and associated H&S documentation/working practices
Management of H&S Regs Risk Assessments • Every employer shall make a ‘suitable and sufficient’ assessment of risks to the health and safety:- • of his employees • of persons not in his employment
Management of H&S Regs Suitable & Sufficient • Should enable the employer to identify and prioritise the measures that need to be taken • Should identify the significant risks arising out of or as a result of the work activity
Management of H&S Regs(Definitions) • HAZARD • RISK • HARM TAKEN FROM THE MHSWR APPROVED CODE OF PRACTICE 1999
Management of H&S Regs What is a Hazard? • “Something with the potential to cause harm” • May be chemical, mechanical,electrical, environmental etc. OR "Human" in nature
Management of H&S Regs What is a Risk? • 'Risk expresses the likelihood that harm from a particular hazard is realised' Risk therefore reflects both the likelihood that harm will be caused and its severity
Management of H&S Regs What is Harm? • HARM = death, bodily injury and damage to physical or mental health. Safety law is only concerned with harm to property or the environment if that entails a risk of harm to people. Now consider risk ranking
Risk Ranking - Probability Measurement of frequency/likelihood 3 Categories :
Risk Ranking - Consequence Measurement of severity 3 Categories :
Risk Assessment Matrix Risk = Probability x Consequence (Severity)
Existing Control Measurers • Assess your existing control measures • Take into account whether controls are being applied / complied with etc. • If there are no controls, enter this on the assessment
Required Actions • What What is to be undertaken • Who Who is charged with undertaking the action • By When Action target date • Completion confirmed [Formalised] Action completion date
Review • Assessment Review date • Remember that the required actions progress must be monitored to ensure that the actions are carried out and are effective. • A review should be undertaken following the implementation of the improved controls to assess the effectiveness and ensure other new risks have not evolved from these actions
Reviewing cont. • Legal requirement • Reason to suspect no longer valid • Significant change • Think “systems” approach to constant monitoring and review
Risk Control Hierarchy • Hierarchy of risk controls • Eliminate hazard at source • Reduce hazard at source • Remove person from hazard • Contain hazard by enclosure • Reduce employee exposure • Systems of work • Personal protective equipment (PPE) • * pay attention to order*
“Hot Topics” • Stress • Field trips • Noise • Occupational road safety
Stress • Should be considered under Management Regs & risk assessment • HSE published “Management standards for tackling work related stress” • First improvement notice issued this year to a NHS Trust for failing to assess stress risks
Field Trips • Management Regs risk assessment requirement • Popular item for press when something goes wrong • Require detailed management plans - obviously dependent upon each trip
Noise • Existing Noise at Work Regs set levels at 85dBA & 90dBA • New Physical Agents Directive to be incorporated into UK legal regime by 15/02/06 - noise levels reduced to 80dBA & 85dBA
Occupational Road Safety • Currently on the HSE top 10 inspection topics • Traditionally excluded from any statistics because it is Road Traffic Act & therefore the police who enforce • Now looking at all work related driving - excluding commuting to/from work
Policy Organising Planning and Implementing Auditing Measuring Performance Reviewing Performance HSG65
Organising • Split into four sections, four Cs • Co-operation • Communication • Control • Competence
Planning & Implementing Objectives/Actions should be - SMART Specific Measurable Ambitious & agreed Relevant Tied to a timetable
Measuring Performance • Important management tool • Use work already being done • Risk assessment • Active monitoring • Accident/incident data • Detailed techniques in BS 8800/OHSAS 18001 • Implementing goes back to effective communication
Review & Audit • Remember systems theory - monitor and review (audit and feedback) • Helps to determine whether actions have been achieved and if so, what new ones should be set • Once review completed - communicate findings and remember both positive and negative feedback • Set new SMART objectives
Poor Communication……... “Well this certainly buggers up our plans to conquer the Universe”