mg2066

1. MG2066 Heath and Safety at Operational Level

3. Health and Safety at Work Law (UK) Health and Safety at Work etc Act 1974 (HASAWA) wide, enabling framework for H&S + welfare specific duties for employers, employees + others occupiers of premises, designers, manufacturers, importers & suppliers - articles/substances used at work "as is reasonably practicable" & "all reasonable precautions and all due diligence". Add-on regulations qualify HASAWA provisions & guide interpretation of duties & applications. e.g. C o n t rol of Substances Hazardous to Health Regulations 2002 (COSHH) Work station directive Risk Assessment

4. HASAWA 1974: Statutory Duties of Employers employers, so far as is reasonably practicable, must ensure HS+W at work of all employees and (as occupiers of premises) – members of the public provision + maintenance of Plant-processes - systems of work - safe & without risks to health safe means of access and egress from premises & work areas. Safe working environment, without risks to health & adequate (facilities and arrangements for welfare). Includes transport , storage , handle & use of materials. information, instruction, training & supervision to ensure H&S at workplaces under employer control

5. An employer must produce & distribute a statement of safety policy, responsibilities and implementation of policy to all employees. undertake risk assessment consult with employees' representatives on matters related to H&S establish safety committees if sought by representatives. (HSC code of practice). ensure that those who are not employed are informed of safety & hazards for when they work on or are present on employer premises & they use equipment & materials.

6. HASAWA 74: Criminal Law Offences: from failure to discharge duties, breach of specific sections, non-compliance with an inspector's requirements. Directors & senior managers - personal responsibility (individuals not "corporate shield”). Traceability to a local operations manager who has failed to carry out policy. Civil Liability: Individuals responsible at tort – negligence etc Employees: also protected by contract of employment & civil responsibilities negligence & personal responsibility to work with due care & attention.

7. HASAWA 1974 Duties of employees to take reasonable care for H&S of himself and others who may be affected by acts or omissions at work to co-operate with employer or other person, so far as is necessary, to enable statutory duties or requirements to be performed or complied with. Not to intentionally or recklessly interfere with or misuse anything provided in the interests of H&S or welfare in pursuance of relevant statutory provisions.  AWARENESS - WILLINGNESS - ACTION

8. Status/role of recognised safety representatives investigate potential hazards & workplace accidents & carry out inspections take up Ee complaints concerning H&S risks at work, making representation to mgt. on H&S & welfare & related matters affecting staff in their area. access to documents relating to workplace H&S that the employer is required to maintain. represent staff groups in consultation with H&S inspectors & receive information from them. attend meetings of safety committees.

9. Duties: Occupiers of premises HASAWA 1974 covers those who are not Ees but who use non-domestic premises as a place of work or where they use plant or substances includes schools, computer rooms in colleges or adult education pottery studios or health & fitness clubs. Hotels, campsites etc visitors (factory, office, warehouse, shop), contractor’s employees the public (strawberry pickers, work experience students, shoppers

10. Reasonably practicable evaluate the nature/extent of the risk do systematic risk assessment (Regulation) action to minimise/eliminate given analysis of costs, time & effort – reasonably practicable If the risk (injury outcomes & probability) is low and costs of elimination high - then a defendent may be able to argue the particular case. Absolute duties: death, serious injury, specific safety rules e.g. machine or gas environments NO grounds for complacency.

11. Designers, manufacturers, importers and suppliers Must ensure, so far as is reasonably practicable, that articles (systems?) they design, construct, make, import, supply etc are safe and without risks e.g. when set up , cleaned, used or maintained by someone at work carry out (or arrange for) testing and examination Supply users of "the article/substance" with adequate information about the design and tested use (including conditions for dismantling and disposal) Supply updated information where it becomes known that the article/substance gives rise to serious risk.

12. What is an accident? Anything that happens, an unforeseen contingency, chance, fortune, unplanned, unwanted & uncontrolled events in a process. 100:10:1 Insurance ratio near-misses, minor injuries & major injury.  Result injuries, personal loss & tragedy, damage to materials and equipment, loss of output, additional costs and litigation. Major accidents hit our attention Minor hazards or accidents can accumulate near-misses (no negative consequences) or build up to long term suffering (deafness, lung disorders). Investigate & analyse risks, near-misses, accidents. Documentation & reporting is essential.

13. Cause and Effect Combinations of acts, omissions & conditions controllables & uncontrollables ==> accidents. Foreseeable combinations? Timely human intervention. Ascertain the likelihood of occurence (high/low probability) likely conseqences (disaster-mild effects) if they occur. Contributors: stupidity, tiredness, distractions, anxiety, stubborness, ignorance, poor skills & fitness/initial health, penny pinching. Operating machine without authorisation or training a project team takes short cuts disable or not use safety devices Fooling around in harsh work environments (eg. farm yard, swimming pool).

14. Workplace & equipment design, layout &conditions Floors, corridors, stairs, ladders, walkways. Slippery, uneven, blocked or un-railed? Clearances? Blind spots? Suitable, reliable equipment Testing. Controls and instructions on machines Equipment maintenance. Warnings & alarms? Read - hear - see? Fire/spark risks, inflammable materials, electrical standards, Emergency procedures and escape Light, noise, heat & ventilation. Potential for distraction & loss of attention? Long term consequences? First-aiders, trained + maintained facilities. housekeeping (clean and tidy workplaces)

15. Powers of Health & Safety Inspectors enter premises (reasonable times + dangerous situation) Police support + others if needed take in equipment/materials + see statutory & essential docs examine/investigate to determine offences. (measure, photos, record, samples, require premises to be left undisturbed - "no-tampering”, arrange for tests). Interviewees must answer questions & sign statement (not admissible if proceedings taken against the person). inform safety reps about hazards, improvement & prohibition notices i.e. what employer is asked to do. Where very dangerous (serious personal injury) - close, seize, render harmless.

16. Improvement and prohibition notices Improvement notice a person is (or has) contravening H&S provisions & this will continue or be repeated Fix the contraventions or causes within time period. Prohibition notice immediate threat to life & limb served on owner and/or occupier or activity controller STOP IMMEDIATELY until remedial action complied with or ”Defer" for time to take remedial action Failure to comply Prosecution of the named person If contravention continues after conviction, further conviction, criminal fines and/or prison.

17. Corporate liability What if corporate body commits a statutory offence? If proven that acts/offences involve consent or connivance, or negligence by a director, manager or officer, the company can be prosecuted + individuals culpable. Prosecution even though the act or omission was committed by a junior or even a visitor to company premises.

18. Implementing Health and Safety Safety policy statements Management Culture and commitment Prevoyance – risk assessment Planning & organising - roles, systems and activities Licensing Motivating, communicating & training Controlling Routine monitoring, reviewing, reporting Auditing

19. Risk assessment regulations H&S regs cascade down in the workplace in many legal forms General risk assessment Management of Health and Safety at Work Regulations 1999 Risk assessment for lifting & carrying Manual Handling Regulations 1992 amended 2002  Risk assessment for hazardous substances Control of Substances Hazardous to Health (COSHH) Regs 1999/2002 Personal Protective Equipment at Work Regs 1992 (PPE) Health and Safety (Display Screen Equipment) Regs 1992 (amended 2002) Noise at Work Regs 1989 Control of Asbestos at Work Regs 2002 Control of Lead at Work Regns 2002

20. COSHH substances used directly in work activities (e.g. adhesives, paints, cleaning agents) substances generated during work activities (e.g. fumes fro m soldering and welding) naturally occurring substances (e.g. grain dust) biological agents such as bacteria & other micro - organisms

21. What COSHH requires Step 1: Assess the risks to health arising from hazardous substances Step 2: Decide what precautions are needed and what else is needed to comply with COSHH. Step 3: Prevent or adequately control exposure. Where not reasonably practicable, then adequately control it. Step 4: E n s u re that control measures are used and maintained properly and that safety procedures are followed. Step 5: Monitor exposure of employees to hazardous substances, if necessary. Step 6: Do appropriate health surveillance where assessment shows this is needed or where COSHH sets specific requirements Step 7: Prepare plans/procedures to deal with accidents, incidents and emergencies involving hazardous substances, where necessary. Step 8: Ensure employees are properly informed, trained & supervised.