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Effective Health & Safety Effective Health & Safety ManagementManagement
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
So why bother with H&S?So why bother with H&S?
LegalMoral
Business
Fines and costsCourt timeCivil cases
Notices
Pain and suffering
Duty to fellowhuman being
PremiumsUninsured losses
ReputationMorale
Productivity
2003/04 Statistics2003/04 Statistics
235 fatalities159,809 RIDDOR reported injuriesAn 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 systemUK legal system
By HSE or LA
Leads to a fine/imprisonment
Not insurable
Criminal
By injured person
Leads to award of damages
Must be insured
Civil
Legal processLegal 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)
British Law
Criminal Civil
HealthHealth and Safety at Work etc and Safety at Work etc Act 1974Act 1974
Duties on all at work
To protect allaffected by work
Pre 1974 LegislationPre 1974 Legislation
OSRP Act1963
Regulations
Other SafetyActs
Regulations
Factories Act1961
Regulations
Post 1974 LegislationPost 1974 Legislation
HASAWA 1974
Regulations
A.C.O.P’s
OSRP Act1963
Regulations
Other SafetyActs
Regulations
Factories Act1961
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 StandardsLegal 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/orCustodial sentence
(Remember - you cannot insure against failure to comply with H&S legislation)
If guilty = criminal record
Civil Litigation
Provides for compensation to be paid to persons who suffer harm as a result of a work activity.Can insure - Employers Liability InsuranceBurden of proof is NEGLIGENCEProof 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
The Management Of Health & The Management Of Health & Safety At Work Regulations Safety At Work Regulations
19991999
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
HARMTAKEN 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
Frequent 3Likelihood of incident recurringrepeatedly during course of the
work activity
Occasional 2Likelihood of incident occurringsometime during course of the
work activity
Rare 1Likelihood of incident virtuallynever occurring during course
of the work activity
Measurement of frequency/likelihood3 Categories :
Risk Ranking - Consequence
Severe 3May lead to lost-time or
recordable incident
Moderate 2May lead to recordable or first-
aid incident
Minor 1May result in minor first-aidtreatment or no harm being
caused
Measurement of severity 3 Categories :
Risk Assessment Matrix
Risk = Probability x Consequence (Severity) Severe
(3)Moderate
(2)Minor
(1)Frequent
(3) 9 6 3Occasional
(2) 6 4 2Rare(1) 3 2 1
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
WhoWho is charged with undertaking the action
By WhenAction 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 requirementReason to suspect no longer validSignificant changeThink “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*
StressStress
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 TripsField Trips
Management Regs risk assessment requirement
Popular item for press when something goes wrong
Require detailed management plans - obviously dependent upon each trip
NoiseNoise
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 SafetyOccupational 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
HSG65
Organising
Planning and Implementing
Measuring Performance
Policy
Reviewing Performance
Auditing
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