Work Based Learning & Health and Safety Act 1974

GOOD MORNING Mr Manoj Nair (Manu)

“ The Relevance of Health and Safety at Work Act (1974) to work based learning”

Health and Safety at Work Act?
The Health and Safety at Work Act 1974 (HASAW Act) or HASAW 74 or HSWA 1974 lays down wide-ranging duties on employers and also responsibilities from employees.

HASAW 74
Employers must protect the 'health, safety and welfare' at work of all their employees.
However, these duties are qualified with the words 'so far as is reasonably practicable'.
This means that employers can argue that the costs of a particular safety measure are not justified by the reduction in risk that the measure would produce.
It allows the government to issue Regulations, Guidance and Approved Codes of Practice for employers.
These set out detailed responsibilities for the employer in every aspect of workplace health and safety, from working safely with computers, to stress and hazardous chemicals.

HASAW 74
The HASAW Act set up the Health and Safety Commission, and an inspectorate called the Health and Safety Executive.
The Act introduced new powers and penalties for enforcement against employers.
The Act puts occupational safety at the heart of official policy and future Regulations.

Employers' Responsibilities
The Act places a general duty to "ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees".
Employers must comply with the Act.
They must……

Provide and maintain safety equipment and safe systems of work.
Ensure materials used are properly stored, handled, used and transported.
Provide information, training, instruction and supervision. Ensure staff are aware of instructions provided by manufacturers and suppliers of equipment.

Provide a safe place of employment.
Provide a safe working environment.
Provide a written safety policy/risk assessment.
Look after health and safety of others, for example, members of the public.
Talk to safety representatives.

Employees Responsibilities
Employees have specific responsibilities too. They must

Employees Responsibilities
Take care of their own health and safety and that of other persons. Employees may be liable.
Co-operate with their employers.
Must not interfere with anything provided in the interest of health and safety.

Stakeholders’ believe ( external)……

Trainees continue to be more vulnerable than others at work.
Changes in work practice and technologies may increase risks as supervision is spread more thinly.
Supervision in relation to H & S of trainees is recognised as a prime factor in determining safe practices but is one that is not well understood .
There is a much greater need for a combination of enforcement and guidance if improvements and important changes have to be achieved in the field of Health and Safety .
(Source: SME Survey, DTI 1991)

Organisations’ belief (Internal)……

Leaving trainees to work alone in a safe place….but change in circumstances can make the work unsafe.
Trainees being “passed around” to help other workers in an unplanned way without additional risk assessment being undertaken.
Trainees working with people who themselves are not properly trained.

Trainees not having even a basic job description.
Trainees not knowing who their supervisor is and who they should and should not take instruction from.
Trainees lacking confidence to ask questions while supervisors assume they will seek clarification if they need it.

Trainees being supervised by other trainees
.
Trainees being given routine tasks because they are safe but where boredom factor makes them unsafe.
Trainees being given breaks when no supervision is available, but they remain at risk and are unsupervised.

Other beliefs……

Changes in workplace organisation and practices have led to…..
Less people doing more work;
Reduction in supervisory posts (a culture in some work places where everyone is his/her own supervisor);
A more task oriented work place culture where “ training is a personal not a company responsibility”.

An exemplary practice in the Construction Trade Industry……

Engineering Construction Industry Training Board (ECITB)
Safety passport by. Eg: HS001. Future aim to focus on “hard to contact” SMEs where accidents occur more frequently.
Induction Package for the trainees.

HASAW 74 Vs Work Based Learning (WBL)
What relevance can we deduce from all these facts?

This act provides an extensive and important structure for checking and monitoring Health and Safety.
It creates an environment where successful interventions can be developed that would offer businesses benefits along with safe working.
It highlights the importance of quality supervisions within the workplace offering WBL.
It clearly defines the role and responsibilities of different stakeholders towards developing and maintaining an organisation’s Health and Safety issues.

It produces a constant change in Organization’s attitude towards Health and Safety.
It produces a commitment to developing good working practices.
It helps to spread the awareness of Importance in Health and Safety by improved reporting procedures.

Safety Culture
Work Environment
Training
Team Working
Awareness
Good Supervision
Accident Reporting

Benefits……

Employer Benefits
Enhanced awareness of responsibilities under health and safety legislation.
Ability to receive or renew training on health and safety
A better health and safety record resulting from raised awareness can reduce costs to business arising from injury related claims and staff absences.

Employer Benefits
Ability to review won performance in relation to health and safety.
Ability to gain recognition as a good employer.
Ability to promote their organisation in the local community.

Benefits to Organization carrying out placement for WBL
Better placed to meet their duty of care
Protecting and supporting the staff responsible for organising and accompanying the WBL process.
Satisfaction that trainees (students) will enjoy a safe and beneficial period on work experience.

Benefits to Organization carrying out placement for WBL
Ability to enhance the curriculum by linking health and safety issues.
Better placed to meet contractual obligations.
Satisfaction of providing successful placements.
Raising of profile as quality work experience provider.

Trainee Benefits
Ability to fully benefit from their time in work experience and avoid injury to self and others.
Learn vital skills to prevent risk of injury to self or others not only in the workplace but also in their social and private life.
Developing a positive outlook for Health and safety issues, and making it a habit.

Health comes first……..
Safety comes next……..
then follows rest.
“ How you train is more important than What you train”

THANKYOU

Work Based Learning & Health and Safety Act 1974

by Manoj Nair on May 16, 2009

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