Joint ICE/Capita Symonds Safety Lecture 2009 Assessment of Risk: how much is ‘suitable and sufficient’? Jean Venables OBE FREng FICE President, Institution of Civil Engineers Crane Environmental Wednesday 23 September 2009 The Institution of Civil Engineers

Jean Venables OBE FREng FICE President, Institution of Civil Engineers Chairman, Crane Environmental

Assessment of Risk: how much is ‘ suitable and sufficient’ ?

Structure Why the question? Discussion of the issues A way forward

Why the question?

Discussion of the issues

A way forward

‘ Risk can be managed, minimised, shared, transferred or accepted; but it cannot be ignored.’ Sir Michael Latham: Constructing the team (1994)

‘ Risk can be managed, minimised, shared, transferred or accepted; but it cannot be ignored.’

Sir Michael Latham: Constructing the team (1994)

Why the question? An HSE prosecution some years ago Criminally liable but not professionally negligent

An HSE prosecution some years ago

Criminally liable but not professionally negligent

Sources of information: Legislation: Acts and Regulations Approved Codes of Practice Codes of Practice Best practice guidance Rules for Professional Conduct

Legislation: Acts and Regulations

Approved Codes of Practice

Codes of Practice

Best practice guidance

Rules for Professional Conduct

Legislation: Suitable and Sufficient ALARP: As low as reasonably practicable SFARP: So far as is reasonably practicable Reasonably foreseeable (Grossly) disproportionate

Suitable and Sufficient

ALARP: As low as reasonably practicable

SFARP: So far as is reasonably practicable

Reasonably foreseeable

(Grossly) disproportionate

Professional Conduct 6 Rules of Professional Conduct ..integrity; ..competent; ..full regard for the public interest, particularly in relation to matters of health and safety,....

6 Rules of Professional Conduct

..integrity;

..competent;

..full regard for the public interest, particularly in relation to matters of health and safety,....

Institution of Civil Engineers Professional Conduct Panel Disciplinary Board Appeal procedure

Professional Conduct Panel

Disciplinary Board

Appeal procedure

How to balance risk and sacrifice? Time Effort Cost Risk Sacrifice Injury Illness Danger

Time

Effort

Cost

Professional Judgement How to balance risk and sacrifice Exercised by both practitioners and HSE staff Can be wrong without being negligent

How to balance risk and sacrifice

Exercised by both practitioners and HSE staff

Can be wrong without being negligent

Compliance by construction professionals Innovation vs risk aversion How to cope with the complexity of definitions

Innovation vs risk aversion

How to cope with the complexity of definitions

Suitable and Sufficient, ALARP and SFARP How can construction professionals be confident they have discharged their legal obligations? Proportionate Disproportionate Grossly Disproportionate COST / EFFORT / TIME

How can construction professionals be confident they have discharged their legal obligations?

‘ ....we can’t go on with the ALARP system forever as it is becoming increasingly difficult to do anything.’ Ian Walmsley: Manifesto for rail, in Modern Railways (Sept 2009)

‘ ....we can’t go on with the ALARP system forever as it is becoming increasingly difficult to do anything.’

Ian Walmsley: Manifesto for rail,

in Modern Railways (Sept 2009)

A Review of, and commentary on, the legal requirement to exercise a duty ‘ so far as is reasonably practical’ with specific regard to designers in the construction industry. ICE, May 2009, revised September 2009

A Review of, and commentary on, the legal requirement to exercise a duty

‘ so far as is reasonably practical’

with specific regard to designers in the construction industry.

ICE, May 2009, revised September 2009

ICE Discussion paper When enough is enough Are we obliged to make ‘disproportionate’ effort or continue to the point of ‘gross disproportion’

When enough is enough

Are we obliged to make ‘disproportionate’ effort or continue to the point of ‘gross disproportion’

Boundaries, externalities and transferring risk Perceptions of risk Assessment of risk Where to draw the boundaries How to value costs and benefits

Perceptions of risk

Assessment of risk

Where to draw the boundaries

How to value costs and benefits

Professional Judgement Decisions have to be made despite the absence of all the facts Past risks and statistics can be a poor guide to future risks Climate change challenge needs innovation

Decisions have to be made despite the absence of all the facts

Past risks and statistics can be a poor guide to future risks

Climate change challenge needs innovation

What is different about construction? Different to processes and product manufacture Rarely any prototypes Almost all projects unique and vary daily Therefore no data for precisely similar situations

Different to processes and product manufacture

Rarely any prototypes

Almost all projects unique and vary daily

Therefore no data for precisely similar situations

Construction Industry Designers What should they do? Can assume competent contractor But have no control over construction unless have further appointment When is enough?

What should they do?

Can assume competent contractor

But have no control over construction unless have further appointment

When is enough?

Debate needed on the way forward Procurement: Client’s leadership Anti-corruption procedures

Procurement:

Client’s leadership

Anti-corruption procedures

Resolving Issues Involve all parties Reduce conflicting requirements Give practical advice SCOSS / CROSS

Involve all parties

Reduce conflicting requirements

Give practical advice

SCOSS / CROSS

Conclusions Significant area of concern Needs case studies Civil engineering needs a system for sharing information No fault compensation?

Significant area of concern

Needs case studies

Civil engineering needs a system for sharing information

No fault compensation?

‘ Professional judgement is by far the most important tool in risk management... ...Formal risk assessment and evaluation of methods should be used as an aid to judgement, not as a substitute for it.’ T he Engineering Council: Guidelines on risk issues (1993)

‘ Professional judgement is by far the most important tool in risk management...

...Formal risk assessment and evaluation of methods should be used as an aid to judgement, not as a substitute for it.’

T he Engineering Council: Guidelines on risk issues (1993)

Thank you Jean Venables ice.org.uk crane-environmental.co.uk