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
2.2a Provision & maintenance of safe plant & SSOW
Visitors disclosure of information
Section 4
Public contractor
Sharing workplace Section 5
2.2b Safe use, handling, storage and transport of materials
Emission
2.2c Information, Instruction, Training and Supervision
Section 6
2.2d Safe access and regress 2.2e Adequate safe facilities 2.3.3Policy 2.2.4/5
Manufacturers
Health & Safety at Work act etc 1974
Section 7 Employee duty
Safety rep
Section 8
2.2.6Consultation with safety reps
Employees not to interfere
2.2.7Establish 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 Breach of legal obligation
-Employer -H&S advisor -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 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
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 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 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
Benefits of staying with HSG65
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
Frequency of audits
Scoring system Time required
Aspects to be audited e.g.. Elements of HSG65
Benefits of OHSAS18001 External regulation e.g.. customer
Customer demand
Clearer standard for benchmarking
Recently accredited to ISO standard (2007)
Benefits of OHSAS18001 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 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 Reg7 MHSR1999 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 Reg7 MHSR1999
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 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
•No flow •Flow
•Managers 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 any environmental factors that may have exited e.g. noise, light, air condition
Gain Of Workforce To Improve Health And Safety Culture
Ensure positive 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 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 , 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
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 • 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 or individual 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 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
ed it no vote against
Proposals must lie before both houses of parliament for 40 days
Procedure for making regulations under HSWA1974
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 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 g 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