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 2.2a Provision & maintenance of safe plant & SSOW 2.2b Safe use, handling, storage and transport of materials 2.2c Information, Instruction, Training and Supervision 2.2d Safe access and regress 2.2e Adequate safe facilities 2.3.3Policy 2.2.4/5 Safety rep Section 3 Public contractor Visitors disclosure of information Section 4 Sharing workplace Section 5 Emission Section 6 Manufacturers

Health & Safety at Work act etc 1974

Section 7 Employee duty Section 8 Employees not to interfere Section 9 Charge for PPE

2.2.6Consultation with safety reps 2.2.7Establish committee if requested by 2 reps in writing Section 37 Prosecution of Director / Managers Section 33 Not to obstruct inspector

Whistle Blowing

Employee good faith Prescribed People -Union Safety rep -Employer -H&S advisor -Professional body -HSE Law = The Public Interest Disclosure act 1998 Employees must have reasonable belief of one or more of the following Breach of legal obligation

Whistle Blowing
Prescribed people Employees protected against -loss of job -victimisation Protected disclosure -if job lost, case for unfair dismissal

A criminal offence

Miscarriage of justice

Employee good faith

Danger to the H&S of an individual Danger to the environment

Domino Theory
Event 5 Effect - injury Natural culmination of a series of events leads to a preventable injury occurring Heinrich / Bird Loftus Event 4 Accident Event 3

Domino Theory

Unsafe act or condition

Chain of events Remove as to prevent accident

Event 2 Fault of person

Event 1 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

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 Put person at ease by explaining purpose of investigation Take notes May need to adjust language for witness

Accident Interview Techniques

Listen without interruption Careful Question Phrasing

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

What happened
What did you see What times Where When How Who Not why Interview ASAP after the event

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

Audits are generally carried out by health & safety specialist

Benefits of staying with HSG65

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

feedback

Consideration when developing an audit program

Frequency of audits

Scoring system Time required Aspects to be audited e.g.. Elements of HSG65

Benefits of OHSAS18001
External regulation e.g.. customer Clearer standard for benchmarking Customer demand

Benefits of OHSAS18001
More prescriptive system

Recently accredited to ISO standard (2007)

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 Combined information systems

Holistic approach to risk management

Equal influence

Benefits of separate management systems

Existing systems may work well Resistance to change One discipline may require a more complex system to meet business needs

Business exposure during integration period

Benefits of Separate Management Systems

Customer demand ISO/OHSAS required Potential loss of professional disciplines required

Health & Safety / Environmental have a minimum legal requirement

Complex auditing

Multiple causation
Benefits Thorough accident investigation Identification of all underlying causes including effects of managers and management systems Encourages the use of a more systematic accident analysis such as fault tree analysis May be more use than one underlying cause Not only if happens in sequence

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

HSWA 74 & Disabled person considerations

Nature of disability

Appropriate means of training & providing information

Safe plant Adaptation of SSOW to suit

Disability discrimination act 1995

Unlawful for employer to discriminate against a disabled person when he employs

Not to discriminate during recruitment

Consider effectiveness of modifications.

E.g. fire alarm effectiveness

Disability discrimination act & Disabled person considerations

Equal promotion prospects

Emergency procedures Workplace layout

Reasonable adjustments Premises, access /egress, welfare

Vicarious Liability
Breach of civil law

Means to pay claimant

Cases Lister Vs Romford Ice & Cold Storage Hudson Vs Ridge manufacturing (competent fellow employees)

Employers liability insurance

Vicarious Liability

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

Employee employed by employer

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

Considerations when developing a near miss system

Consultation with employee

Ease of reporting, clear, straight forward format

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

Identifies opportunities for improvements

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

Purpose & Benefits of near miss data

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

Operating a control should require a positive action by the operator with immediate effect

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

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

Display design
Lights used for status readings

Correct number of controls, too many will overload operators

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

Auditing & identifying further opportunities for improvement

Strategic role of H&S profession

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

Appoint one or more persons

Information on temporary workers

Requirement of Reg7 MHSR1999

Arrangements for cooperation if more than one

Preference is internal appointment

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

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

Typical client / contract for work carried out

Employer liability insurance

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
Does not reflect chronic health issues May take long time for data to provide trends

Absence of incident does not mean good procedures in place

Accident data may be small hence not being easy to see 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 is subject to random fluctuation

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 An offer from one party & acceptance from another can be verbal or written

The intention to create legal relations

Not mentally incapacitated at the time of the contract

Elements of legally enforceable contract

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
Owner What When Team effort Design stage of process Define scope

Identify possible preventative measures

HAZOP
Appropriate specialist Engineers Health & safety advisor

Assess impact of deviations No flow Flow Identify possible deviations from normal running Process broken down into sections to analyse

Operators
Managers Defined Hazop leader

Why a PTW system may not be used

Too bureaucratic Difficult to organise control measures

Difficult system to use

Potential hazards not fully identified

Why a PTW system may not be used

Poor safety culture e.g.. Routine work

Absence of competent person to authorise Permit not specific to task Too time consuming

Lack of information, instruction, training and supervision

Reasons to establish effective consultation with employees

Statutory requirement Health and safety (consulting with employees reg 1996) Improving perception about value of H&S

Reasons to establish effective consultation with employees

Promotion of good safety culture through employee involvement

Identification of improvement opportunities

Promote employee ownership

Information from shop floor

Practicable
Where technology or knowledge exists must be implemented

Cases Adsett vs K & L steel founders (technology not known, silica dust)

Not as high a duty as Absolute but higher duty than reasonably practicable

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

Assess whether further training and/or supervision is required

To ensure future preventative actions can be defined and implemented

Investigation could provide useful information for evaluating the costs of accidents

Reasons why accidents should be investigated

Assess compliance with legal requirements

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

Demonstrate management commitment

Accident investigation

Interview all parties involves ASAP, e.g. injured party, witnessess Identify immediate causes/underlying causes

Take photos, make sketches take measurements of scene

Obtain and CCTV footage that may be available

Accident investigation
Identify environmental factors that could have contributed to the accident e.g. poor light, noise, wet conditions Look at any relevant procedures that are in place

Look at training records that may exist for people involved in accident

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

Where procedures adequate e.g. RA/SSOW

Assess human factors that may have been involved e.g. fatigue, stress, alcohol

Plant/equipment factors e.g. serviceable/inspected

Competence of person involved e.g. training/supervision

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

Consultation, co-operation, participation, competence, commitment

Ensure positive feedback is given

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

Increase employee participation e.g. risk assessments. H & S meetings

Set health and safety targets and create plans for improvement, communicate these plans to all of the workforce

Demonstrate good resource for H &S

Have informal discussion, team meetings etc

Train them, - show the benefits of improved safety conditions

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

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

Violations deliberate

Skill based errors

Mistakes

Routine Normal way of work

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

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

Doing the wrong thing believing it to be right

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

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

Knowledge based Unfamiliar circumstance Apply knowledge Eg mechanic

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. 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

Decisions

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

Procedure for making regulations under HSWA1974

Passed it no vote against Consultation between secretary and HSC and other relevant government bodies must occur

Proposals must lie before both houses of parliament for 40 days

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

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

Comparison with cost of implementing the 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

Agree schedule/time frame for work

Contractors informed of any site hazards

PTW system may be required for abnormal activities

Provision of information on things such as signing in/out procedures

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

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

Barrier area of, close sections where work carried out

Safe storage of hazardous materials