1. Effective Health & SafetyEffective Health & Safety
ManagementManagement
Kev Coghill MIOSH RSP
Senior Risk Consultant
Marsh Risk Consulting Practice
2. 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
3. So why bother with H&S?So why bother with H&S?
Legal
Moral
Business
Fines and costs
Court time
Civil cases
Notices
Pain and
suffering
Duty to fellow
human being
Premiums
Uninsured losses
Reputation
Morale
Productivity
4. 2003/04 Statistics2003/04 Statistics
235 fatalities
159,809 RIDDOR reported injuries
An 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
5. 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
6. 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
7. HealthHealth and Safety at Work etcand Safety at Work etc
Act 1974Act 1974
Duties on all at
work
To protect all
affected by work
8. Pre 1974 LegislationPre 1974 Legislation
OSRP Act
1963
Regulations
Other Safety
Acts
Regulations
Factories Act
1961
Regulations
10. 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
11. 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….
12. 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
13. 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….
14. 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
15. 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
16. 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.
17. 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.
18. Enforcement
The HSE can take legal action against an
employer/employee in a criminal court for H&S
failures:
Unlimited fine and/or
Custodial sentence
(Remember - you cannot insure against failure to
comply with H&S legislation)
If guilty = criminal record
20. Civil Litigation
Provides for compensation to be paid to
persons who suffer harm as a result of a work
activity.
Can insure - Employers Liability Insurance
Burden of proof is NEGLIGENCE
Proof is “on the balance of probabilities”
Effectively “guilty until you prove your
innocence”
23. 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
24. The Management Of Health &The Management Of Health &
Safety At Work RegulationsSafety At Work Regulations
19991999
25. 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
26. 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
27. Management of H&S Regs
(Definitions)
HAZARD
RISK
HARM
TAKEN FROM THE MHSWR APPROVED CODE OF PRACTICE 1999
28. 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
29. 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
30. 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
31. Risk Ranking - Probability
Frequent 3
Likelihood of incident recurring
repeatedly during course of the
work activity
Occasional 2
Likelihood of incident occurring
sometime during course of the
work activity
Rare 1
Likelihood of incident virtually
never occurring during course
of the work activity
Measurement of frequency/likelihood
3 Categories :
32. Risk Ranking - Consequence
Severe 3
May lead to lost-time or
recordable incident
Moderate 2
May lead to recordable or first-
aid incident
Minor 1
May result in minor first-aid
treatment or no harm being
caused
Measurement of severity
3 Categories :
33. Risk Assessment Matrix
Risk = Probability x Consequence
(Severity) Severe
(3)
Moderate
(2)
Minor
(1)
Frequent
(3) 9 6 3
Occasional
(2) 6 4 2
Rare
(1) 3 2 1
34. 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
35. Required Actions
What
What is to be undertaken
Who
Who is charged with undertaking the action
By When
Action target date
Completion confirmed [Formalised]
Action completion date
36. 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
38. 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*
40. 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
41. 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
42. 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
43. 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
48. 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
49. 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
50. “Well this certainly buggers up
our plans to conquer the
Universe”
Poor Communication……...
Editor's Notes
An accident at work can lead to either criminal or civil legal action (or both, or neither!) Compensation is a payment designed to put the individual in the position they would have been in had the accident not happened. Civil cases are initiated by the injured person and must be proved “on the balance of probability”. Civil cases usually hinge on “negligence” (failure to take reasonable care) or “breach of statutory duty” (not meeting the specific regulations designed for workers’ protection). Companies must carry insurance to cover compensation which they are found liable to pay. Criminal cases are initiated by a government inspector (Health and Safety Executive or Local Authority). The usual outcome is a fine. Criminal liability cannot be insured. The criminal law is contained in Acts of Parliament and associated Regulations. Most of the civil law consists of decided cases (precedents) which establish eg what is negligence. Both types of law are in a state of constant development as new laws are made and new precedents are established.
The HSW Act made radical changes to the existing law It was the first safety law to apply to all employers, not just factories or other specific types of workplace Previous laws tended to focus on protecting employees - the HSW Act protects anyone affected by work, so is much wider in its scope The Act followed a critical review of the law by Lord Robens and his committee ("Robens report") For the first time, all employers had a general duty to ensure safety
The relevant Enforcing Authority must be notified if an incident results in any of the following outcomes. Fatality as a result of an accident. Major injury to a person at work as a result of an accident. Major injuries include fractures (other than finger, thumb or toe), amputations, dislocations of shoulder, hip, knee or spine, loss of sight (temporary or permanent) and burns or penetrating injuries to the eye. Certain injuries which lead to unconsciousness or admittance to hospital for more than 24 hours are also included. An accident which results in a person not at work being taken to a hospital. A dangerous occurrence. The majority of these are specific to particular equipment, for example pipelines and fairground equipment, or to activities such as diving or train operation. However, some involve more widespread activities, for example, the collapse of lifting equipment and the overturning of fork lift trucks. You should find out which dangerous occurrences may apply to your area by checking with your safety professional or reading the Regulations. This notification must be by the quickest practicable means and this is usually by telephone. RIDDOR also has reporting requirements for incidents with the following outcomes. Absence from normal work for over three days. Incidents resulting in a personal injury which is not a specified major injury but results in absence from normal work for more than three consecutive days. These three days exclude the day of the accident, but include days which would not have been working days, eg weekends. Incidents of this type do not have to be notified immediately but a written report is required within ten days. Death of an employee within a year. Incidents resulting in the death of an employee as a result of a reportable accident within one year of that accident. Where this happens, the Enforcing Authority has to be informed whether or not the original accident had been reported. Specified occupational diseases. Incidents or working conditions resulting in an occupational disease. Only certain types of disease have to be reported, and then only if the person’s work involves one of a specified list of activities. For example - cramp of hand or forearm - handwriting, typing or other repetitive movements - hand arm vibration syndrome - tools or activities creating vibration - rabies - work involving infected animals. Various types of cancer, dermatitis and asthma are also included. When an outcome of this type occurs, the Enforcing Authority must be notified “forthwith”. This is normally done using form F2508A. Records of reportable incidents must be kept by the organisation, not just sent to the Enforcing Authority. In addition, records of individual incidents must be retained for at least three years.
There is a useful leaflet which summarises the legal requirements for risk assessments, “A Guide to Risk Assessment Requirements”, INDG218. It deals with eight sets of regulations and these are listed below. Note that the abbreviation in brackets after each full title is the abbreviation used to identify the regulations in the summary tables on the following pages. Management of Health and Safety at Work Regulations, 1992 (MHSW)* Manual Handling Operations Regulations, 1992 (Man. Hand.) Personal Protective Equipment at Work Regulations, 1992 (PPE) Health and Safety (Display Screen Equipment) Regulations, 1992 (DSE) Noise at Work Regulations, 1989 (Noise) Control of Substances Hazardous to Health Regulations, 1999 (COSHH) Control of Asbestos at Work Regulations, 1987 (Asbestos) Control of Lead at Work Regulations, 1998 (Lead) These are the risk assessments which will be required in most organisations but note that some specialised risks, for example major hazards, genetic manipulation and ionising radiation, have their own legal requirements for risk assessment. MHSW To identify measures which need to be taken to comply with the requirements and prohibitions imposed by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997. Man. Hand. To consider the questions set out in column 2 of Schedule 1 relating to the factors listed in that schedule . PPE To determine whether the personal protective equipment is suitable. DSE To assess workstations for health and safety risks to which users/operators are exposed. Noise 1 To identify which employees and self-employed people are exposed. 2 To provide the employer or self-employed person with such information, with regard to the noise, as will aid compliance with Regulations 7,8,9 and 11. COSHH To identify risk to enable a decision to be made on the measures to take to prevent or adequately control exposures. Asbestos 1 To identify type of asbestos. 2 To determine the nature and degree of exposure. 3 To set out steps to reduce exposure to lowest level reasonably practicable. Lead To assess whether the exposure of any employees to lead is liable to be significant. Who has to assess the risk? MHSW 1 Employers. 2 Self-employed people. Man. Hand. 1 Employers. 2 Self-employed people. PPE 1 Employers. 2 Self-employed people. DSE Employers Noise Employers and self-employed people to ensure a competent person makes the assessment. COSHH 1 Employers. 2 Self-employed people. Asbestos 1 Employers. 2 Self-employed people. Lead Employers. 2 Self-employed people. Whose Risk Should be Assessed? MHSW 1 Employees (at work). 2 Self-employed people (at work). 3 People not in employment who may face risks arising out of or in connection with the conduct by the employer or self-employed person of his undertaking. Man. Hand. Manual handling operations to be undertaken by employees or self-employed people. PPE PPE which an employer or self-employed person is required to ensure is provided. DSE Workstations which: 1 are used by employees who habitually use DSE as a significant part of their normal work; or 2 have been provided to operators (self-employed people who habitually use DSE as a significant part of their normal work). Noise Employees and the self-employed. Any other person at work who may be affected by the employer’s work. COSHH Employees and the self-employed liable to be exposed to substances hazardous to health by any work. Other people who may be affected by the employer’s work. Asbestos 1 Employees. 2 Self-employed. 3 Other people who may be affected by the work activity. Lead 1 Employees. 2 Self-employed. 3 Other people who may be affected by the work activity. What Risks Should be Assessed? MHSW Risks to health and safety 1 to which employees and the self-employed are exposed while at work; and 2 to which third parties are exposed arising out of or in connection with the conduct of the undertaking. Man. Hand. Manual handling operations which involve a risk of injury. PPE Risks to health and safety which have not been avoided by other means. Assessment includes: 1 definition of the characteristics which the PPE must have in order to be effective against the risks (taking into account any risks which the equipment itself may create) 2 comparison of the characteristics of the PPE available with the required characteristics. DSE Risks to health and safety to which users and operators are exposed in consequence of using the workstations. Noise Exposure to noise. COSHH Risks to health resulting from work which involves exposure to substances hazardous to health. Assessment should include the steps that need to be taken in order to comply with other requirements of the Regulations. Asbestos Exposure of people to asbestos. Lead Exposure of people to lead. How Thorough Should Your Risk Assessment be? MHSW Suitable and sufficient. Man. Hand. Suitable and sufficient. PPE Not specified in the Regulations. DSE Suitable and sufficient. Noise Adequate. COSHH Suitable and sufficient. Asbestos Adequate. Lead Suitable and sufficient. When to Assess MHSW Not specified in leaflet. Man. Hand. Make assessment of all such manual handling operations to be undertaken which involve risk of injury where it is not reasonably practicable to avoid the need for employees or self-employed people to undertake those manual handling operations. PPE Assessment to be made before choosing any personal protective equipment which has to be provided. DSE Not specified in leaflet. Noise Assessment to be made when any employee or self-employed person is likely to be exposed to the first action level or above or to the peak action level or above. COSHH Assessment to be made before work begins. Asbestos Assessment to be made before work begins. Lead Assessment to be made before work begins. Recording the Assessment a) When? b) What? c) How Long to be Kept? MHSW a) if five or more employees b) significant findings and any group of employees especially at risk. Man. Hand. Not specified. PPE Not specified. DSE Not specified. Noise a) after every assessment c) record to be kept until a further assessment is made. [Note. There is no b) in the leaflet.] COSHH No explicit recording requirement but certain records related to assessment to be kept: b) Health record to be made relating to each employee exposed c) To be kept for at least 40 years from last entry. [Note. There is no a) in the leaflet.] Asbestos No explicit recording requirement but certain records related to assessment to be kept: b) Health record to be made relating to each employee exposed c) To be kept for at least 40 years from last entry. [Note. There is no a) in the leaflet.] Lead No explicit recording requirement but certain records related to assessment to be kept: b) Health record to be made relating to each employee exposed c) To be kept for at least 40 years from last entry. [Note. There is no a) in the leaflet.]
Whatever method of risk assessment is used, there is a legal requirement to review the assessment if “ (a) there is reason to suspect that it is no longer valid; or (b) there has been a significant change in the matters to which it relates;” (Management of Health and Safety at Work Regulations, 1999) However, regular revieRC are best practice in safety management and successful organisations also carry out revieRC aimed at identifying ways in which they can improve their safety performance. For example, existing workplace precautions can be reviewed to see whether they can be moved up the hierarchy of workplace precautions given earlier.
The hierarchy we will use is shown below but note that the first two items in this hierarchy are not workplace precautions since what they do is eliminate, or reduce, the need for workplace precautions. However, it is convenient to have a single hierarchy. Eliminate Hazard at Source. Eg use a non hazardous substance instead of a hazardous one, stop using a noisy machine. Reduce Hazard at Source. Eg use a substance less hazardous than the one used at present, replace a noisy machine with a quieter one. Remove Person From Hazard. Eg paint spraying by unattended robots, do not allow people to work near noisy machines. Contain Hazard by Enclosure. Eg do all painting in a proper, enclosed painting bay, put soundproofing round noisy machine. Reduce Employee Exposure. Eg four people exposed for two hours each, not one person for eight hours. Applies to exposure to substances or noise. Systems of Work. Eg written procedure for work with paint which minimises evaporation. Personal Protective Equipment (PPE). Eg gloves and goggles for substances, and ear defenders for noise.
