Health Safety at Work act etc 1974 Section

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 Section 3 2. 2 a Provision & maintenance of safe plant & SSOW Visitors disclosure of information Section 4 Public contractor Sharing workplace Section 5 2. 2 b Safe use, handling, storage and transport of materials Emission 2. 2 c Information, Instruction, Training and Supervision Section 6 2. 2 d Safe access and regress 2. 2 e Adequate safe facilities 2. 3. 3 Policy 2. 2. 4/5 Manufacturers Health & Safety at Work act etc 1974 Section 7 Employee duty Safety rep Section 8 2. 2. 6 Consultation with safety reps Employees not to interfere 2. 2. 7 Establish committee if requested by 2 reps in writing Section 9 Charge for PPE Section 37 Prosecution of Director / Managers Section 33 Not to obstruct inspector

Whistle Blowing Employee good faith Prescribed People Law = The Public Interest Disclosure act 1998 -Union Safety rep Employees must have reasonable belief of one or more of the following -Employer -H&S advisor Breach of legal obligation -Professional body -HSE Whistle Blowing Prescribed people Employee good faith Employees protected against -loss of job -victimisation Protected disclosure -if job lost, case for unfair dismissal A criminal offence Miscarriage of justice Danger to the H&S of an individual Danger to the environment

Domino Theory Event 5 Heinrich / Bird Loftus Effect - injury Event 4 Domino Theory Accident Event 3 Natural culmination of a series of events leads to a preventable injury occurring Chain of events Unsafe act or condition Remove as to prevent accident Event 2 Event 1 Fault of person 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 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 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 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 Put person at ease by explaining purpose of investigation 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 Take notes May need to adjust language for witness Accident Interview Techniques Listen without interruption Careful Question Phrasing • What happened • What did you see • What times • Where • When • How • Who • Not why Interview ASAP after the event Interview person at the scene if possible (props easily available, help memory) Invite witness to have accompanying person

Benefits of staying with HSG 65 No cost for certificates / maintain certification Existing system may be working well HSG 65 is used by the enforcing bodies HSG 65 was created to address the requirements of Reg 5 MHSR 99 Benefits of staying with HSG 65 Audits are generally carried out by health & safety specialist 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 Consideration when developing an audit program feedback Frequency of audits Scoring system Time required Aspects to be audited e. g. . Elements of HSG 65

Benefits of OHSAS 18001 External regulation e. g. . customer Customer demand Clearer standard for benchmarking Recently accredited to ISO standard (2007) Benefits of OHSAS 18001 More prescriptive system 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 Holistic approach to risk management Equal influence • Combined information systems

Benefits of separate management systems Existing systems may work well Resistance to change Business exposure during integration period Benefits of Separate Management Systems Customer demand • ISO/OHSAS required • Complex auditing One discipline may require a more complex system to meet business needs Potential loss of professional disciplines required Health & Safety / Environmental have a minimum legal requirement

Multiple causation Benefits • Thorough accident investigation May be more use than one underlying cause • Identification of all underlying causes including effects of managers and management systems Not only if happens in sequence • Encourages the use of a more systematic accident analysis such as fault tree analysis 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 Appropriate means of training & providing information HSWA 74 & Disabled person considerations Nature of disability Safe plant Adaptation of SSOW to suit

Disability discrimination act 1995 Unlawful for employer to discriminate against a disabled person when he employs Consider effectiveness of modifications. E. g. fire alarm effectiveness Not to discriminate during recruitment Disability discrimination act & Disabled person considerations Equal promotion prospects Reasonable adjustments Emergency procedures Workplace layout • Premises, access /egress, welfare

Vicarious Liability Breach of civil law Means to pay claimant Employers liability insurance Cases • Lister Vs Romford Ice & Cold Storage Vicarious Liability • Hudson Vs Ridge manufacturing (competent fellow employees) Employee employed by employer Defences • Volenti non fit injuries • Contributory negligence • Not acting within scope of employment • Not employed • No injury or unforeseeable 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 Ease of reporting, clear, straight forward format Considerations when developing a near miss system Consultation with employee 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’ Identifies opportunities for improvements Identifies inadequate health and safety management and/or elements of the management system Purpose & Benefits of near miss data Investigation of near misses and carrying out improves/implementing preventative measures 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 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 Operating a control should require a positive action by the operator with immediate effect 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 Correct number of controls, too many will overload operators Display design Lights used for status readings VDU’s 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 Strategic role of H&S profession Auditing & identifying further opportunities for improvement 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 Reg 7 MHSR 1999 Person competent to advise Exemption for partners if one or more is competent Information on temporary workers Preference is internal appointment Appoint one or more persons Requirement of Reg 7 MHSR 1999 Provision of information on health & safety issues to externally appointed (consultant) Arrangements for cooperation if more than one 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 Employer liability insurance Typical client / contract for work carried out 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 Absence of incident does not mean good procedures in place Accident data may be small hence not being easy to see trends Data is subject to random fluctuation Does not reflect chronic health issues May take long time for data to provide 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 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 Not mentally incapacitated at the time of the contract An offer from one party & acceptance from another can be verbal or written Elements of legally enforceable contract The intention to create legal relations 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 Design stage of process Define scope • Owner • What • When Team effort Identify possible preventative measures HAZOP Appropriate specialist • Engineers • Health & safety advisor Assess impact of deviations • Operators • Managers • No flow • Flow Identify possible deviations from normal running • Defined Hazop leader Process broken down into sections to analyse

Why a PTW system may not be used Too bureaucratic Difficult to organise control measures Potential hazards not fully identified Difficult system to use Why a PTW system may not be used Absence of competent person to authorise Poor safety culture e. g. . Routine work Lack of information, instruction, training and supervision Permit not specific to task Too time consuming

Reasons to establish effective consultation with employees Statutory requirement Improving perception about value of H&S • Health and safety (consulting with employees reg 1996) Reasons to establish effective consultation with employees Promotion of good safety culture through employee involvement Promote employee ownership Identification of improvement opportunities Information from shop floor

Practicable Where technology or knowledge exists must be implemented Cases Not as high a duty as Absolute but higher duty than reasonably practicable • Adsett vs K & L steel founders (technology not known, silica dust) 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 To ensure future preventative actions can be defined and implemented Assess whether further training and/or supervision is required Investigation could provide useful information for evaluating the costs of accidents Information gathered from investigation can be used to evaluate whether current precautions are adequate, also SSOW and existing risk assessments are they adequate Reasons why accidents should be investigated Assess compliance with legal requirements Demonstrate management commitment

Accident investigation Interview all parties involves ASAP, e. g. injured party, witnessess Take photos, make sketches take measurements of scene Obtain and CCTV footage that may be available Identify immediate causes/underlying causes Accident investigation Identify environmental factors that could have contributed to the accident e. g. poor light, noise, wet conditions Look at training records that may exist for people involved in accident Look at any relevant procedures that are in place 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 Assess human factors that may have been involved e. g. fatigue, stress, alcohol Competence of person involved e. g. training/supervision Where procedures adequate e. g. RA/SSOW Plant/equipment factors e. g. serviceable/inspected 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 Ensure positive feedback is given Consultation, co-operation, participation, competence, commitment 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 Set health and safety targets and create plans for improvement, communicate these plans to all of the workforce Have informal discussion, team meetings etc Introduce new improved safety policy's and programmes e. g. behavioural safety programme Increase employee participation e. g. risk assessments. H & S meetings Demonstrate good resource for H &S Train them, - show the benefits of improved safety conditions

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 Errors Not deliberate Skill based errors Slips of action Actions not as planned • Steps in wrong order • Too soon • Too late • Too strong • Too weak • Up rather than down Violations deliberate Mistakes Lapses Memory • Forget to carry out action • Lose place in task • Example forget to turn something on Routine • Normal way of work Doing the wrong thing believing it to be right Rule based • Remember rules of familiar procedure • Apply wrong rule • Apply rules to wrong situation Knowledge based • Unfamiliar circumstance • Apply knowledge • Eg mechanic 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 won’t allow

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. Decisions – 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

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 HSWA 1974 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 Passed it no vote against Proposals must lie before both houses of parliament for 40 days Procedure for making regulations under HSWA 1974 Consultation between secretary and HSC and other relevant government bodies must occur 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 Comparison with cost of implementing the regulation Finally the calculated monetary values are compared and a decision is reached Cost vs Benefit Analysis as applies to proposed 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 Contractors informed of any site hazards Agree schedule/time frame for work PTW system may be required for abnormal activities Monitoring of contractor health and safety performance Ensure all waste removed controlled Provision of information on things such as signing in/out procedures 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 Safe storage of hazardous materials Barrier area of, close sections where work carried out