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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

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effective health safety management
Effective Health & Safety Management

Kev Coghill MIOSH RSP

Senior Risk Consultant

Marsh Risk Consulting Practice

  • 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
so why bother with h s




So why bother with H&S?

Fines and costs

Court time

Civil cases


Pain and


Duty to fellow

human being


Uninsured losses




2003 04 statistics
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
uk legal system



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
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)
pre 1974 legislation
Pre 1974 Legislation

Factories Act




Other Safety





post 1974 legislation
Post 1974 Legislation




Factories Act




Other Safety





legal requirements
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

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
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
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 cont1
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
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
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
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.


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
British Justice


until proven






civil litigation
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”


Reporting of:

Injuries (accidents & incidents)


Dangerous Occurrences


accident incident investigation
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 investigation1
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
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 regs1
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
Management of H&S Regs(Definitions)
  • RISK 
  • HARM


management of h s regs2
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 regs3
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 regs4
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
Risk Ranking - Probability

Measurement of frequency/likelihood

3 Categories :

risk ranking consequence
Risk Ranking - Consequence

Measurement of severity

3 Categories :

risk assessment matrix
Risk Assessment Matrix

Risk = Probability x Consequence (Severity)

existing control measurers
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
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

  • 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
Reviewing cont.
  • Legal requirement
  • Reason to suspect no longer valid
  • Significant change
  • Think “systems” approach to constant monitoring and review
risk control hierarchy
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
“Hot Topics”
  • Stress
  • Field trips
  • Noise
  • Occupational road safety
  • 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
Field Trips
  • Management Regs risk assessment requirement
  • Popular item for press when something goes wrong
  • Require detailed management plans - obviously dependent upon each trip
  • 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
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



Planning and Implementing


Measuring Performance

Reviewing Performance

  • Split into four sections, four Cs
    • Co-operation
    • Communication
    • Control
    • Competence
planning implementing
Planning & Implementing

Objectives/Actions should be - SMART



Ambitious & agreed


Tied to a timetable

measuring performance
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
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
Poor Communication……...

“Well this certainly buggers up our plans to conquer the Universe”