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Short Course By J Mc Cann

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Health and Safety Short Course

Health and Safety Short Course

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  • Transcript

    • 1.  
    • 2.  
    • 3.
      • Moral reasons
      • Legal reasons
      • Safety pays
    • 4.  
    • 5.  
    • 6.
      • Most accidents are a result of human error
      • Some errors are deliberate
      • Some are errors of judgement
      • Other errors are mistakes made as a result of forgetfulness or carelessness
      • Often management deficiencies are underlying causes of accidents
    • 7.
      • Electricity
      • Fire
      • Slips, trips and falls
      • Bumping into things
      • Handling injuries
      • - sharp objects
      • - lifting & carrying
      • Falling/flying objects
      • Present in most workplaces
    • 8.
      • Chemicals
      • Radiation
      • Micro-organisms
      • Machinery
      • Hand tools
      • Pressure vessels
      • Hot and cold objects
      • Present in some workplaces
    • 9.
      • Musculo-skeletal injuries
      • - upper limb disorders (“RSI”)
      • - back injuries
      • Asthma
      • Dermatitis
      • Noise induced hearing loss
      • Vibration white finger
      • Stress related illness
      • Can be referred to the Occupational Health
    • 10.  
    • 11.
      • Common law is unwritten but binding
      • Derived from local/customary laws & judges decisions
      • It evolves continuously as precedents are established
      • decisions of a lower court can be overturned by a higher court
      • Statute law is written
      • Passed by Parliament and approved by the Sovereign
      • It takes precedent over all other forms of Law (Common Law) etc.
      • Some Statute law is derived from decisions of the European Union; EC DIRECTIVES
    • 12.
      • Criminal Law exists to punish offenders and guilt must be established “ beyond reasonable doubt ”
      • Civil Law is concerned with compensation and redress: the burden of proof is “ the balance of probability ”
      • (a lower standard of proof)
    • 13.
      • If an accident occurs
      • and somebody suffers injury or loss
      • and negligence or breach of statutory duty can be proved
      • damages may be recoverable
    • 14.
      • Actions for personal injury claims etc normally have to be brought within 3 years of the accident
      • In the case of a disease (e.g. asbestosis the limitation is 3 years from diagnosis
      • Courts may allow some time
      • barred cases to proceed
    • 15.
      • Donoghue v Stevenson (1932): you must take reasonable care to avoid acts/omissions which you can reasonably foresee would be likely to injure your neighbour
      • This duty of care is owed to peop le who are closely & directly affected by your acts/omissions (e.g. employers, employees, contractors, visitors, suppliers)
      • defences against actions include: no duty owed, duty not breached, breach did not lead to damage, risk accepted voluntarily, contributory negligence
      • Ignorantia Juris non excusat; IGNORANCE OF THE LAW IS NOT AN EXCUSE
    • 16.
      • Wilson & Clyde Coal v English 1938 A leading case which established an Employer’s duty of care towards employees “Master’s duty to a Servant”
      • Safe premises
      • Safe plant & equipment
      • Competent fellow workers
      • Adequate supervision
    • 17.
      • Damages can be recovered if it can be proved that loss occurred because of the defendant’s failure to comply with a statutory requirement
      • May be easier to prove than negligence
      • Main defences : duty not breached, injured party not protected by statute, harm not of type statute designed to protect, contributory negligence
      • Some statutory duties are absolute
    • 18.
      • Employers are vicariously liable for the actions of their employees provided that the employees were acting in the course of their employment
      • Even if the activity was expressly forbidden or the employee was negligent (e.g. Limpus vs London Omnibus Co., 1862)
    • 19.
      • Employees may also be sued. They have a duty to:
      • - To carry out duties with reasonable care
      • - To avoid loss to Employer
      • Employers not liable for activities that do not form part of employees’ employment “servant’s frolic of his own”
      • Storey v Aston (1869) Employer not liable for accident caused during unauthorised detour
    • 20.
      • Edwards v National Coal Board (1949) Risk must be insignificant in relation to sacrifice (time, effort & expense
      • Marshal v Gotham & Co (1954) If something is practicable, courts will not lightly hold that it is not reasonably practicable
      • Adsett v K&L Steelfounders & Engineers Ltd (1953) The standard of practicality is that of current knowledge, not having sufficient resources is no excuse for inaction
    • 21.
      • “ Volenti non fit injuria”: cannot expect redress if you consent to an act likely to result in injury or loss
      • Cutler v United dairies (1933) Cutler failed to recover damages after being injured trying to restrain a bolting horse: it was held he consented to the risk
      • Haynes v Harwood (1935) A policeman was able to recover damages after being injured restraining as bolting horse: he had a legal duty to protect life & property and was not held to have consented willingly to the action
    • 22.
      • Where a person suffers damage or loss
      • Partly his/her fault
      • Partly the fault(s) of other person(s)
      • Damages may still be recoverable but the amount will be reduced in proportion to the claimant’s responsibility
      • Saywer vs Harlow UDC (1958) Contributory negligence was accepted after a woman was injured when she put her foot on a revolving toilet roll while trying to get out of a cubicle
    • 23.
      • Duty of reasonable care to lawful visitors (invitees, licensees, contractors & those with a right under law)
      • Need to ensure premises are reasonably safe. Dangerous defects must be repaired and warning notices displayed as necessary
      • Should expect children to be less careful than adults
      • Common Law duty not to cause trespassers intended harm
    • 24.
      • Tichener v British Railways Board (1984)
      • BRB not liable for injuries to teenage girl hit by a train even though fence was not maintained (Girl frequently & willingly took risk)
      • British Railways Board vs Herrington (1972) BRB liable for injuries to a 6-year old child who had strayed onto the line
      TRESPASS : CASE LAW
    • 25.
      • Lord Woolf (the Lord Chief Justice) drew up a Personal Injury Pre-action Protocol aimed at simplifying & streamlining claim procedures
      • Claims must proceed to a strict timetable
      • Defendants must investigate claims & disclose relevant documents within the timetable
      • If the protocol is not complied with, Courts may impose tough sanctions
    • 26.
      • You are going to work by bus. You buy a ticket (a “contract” with the bus co).
      • During the journey, the driver collides with another vehicle and you suffer minor cuts and bruises.
      • By the time everything is sorted out, you are very late for work. You sprint from the bus stop and trip over a paving stone, breaking your arm.
      • Who is, if anybody, is liable for your injuries?
    • 27.
      • All criminal cases are first dealt with by Magistrates Courts . these can try summary offences and can commit people accused of indictable offences (& commit people for sentencing) to the Crown Court.
      • The Crown Court tries Indictable offences. Trial is before a Judge (with a Jury in contested cases. Can also hear appeals from Magistrates Courts.
      • The High Court of Justice hears appeals from Magistrates & some appeals from Crown Courts.
      • The Court of Appeal (Criminal Division) hears appeals from Crown Courts it can amend or reverse decisions or remit cases to lower courts
      • The House of Lords is the ultimate court of appeal
    • 28.
      • Section 2: duty to ensure, so far as is reasonably practicable the health safety & welfare of employees
      • safe workplace & safe working practices
      • information, training & supervision
      • adequate welfare facilities
      • health & safety policy
      • safety representatives & committees
      • Section 3 : employers to conduct undertakings so as to ensure so far as is reasonably practicable that persons not in his employment are not exposed to risks to their health & safety
    • 29.
      • Section 4 : duty of those in control of premises to non-employees
      • Section 6 : duties of manufacturers & suppliers (includes provision of safety information)
      • Section 7: duty of employees to take reasonable care for their health & safety and that of others affected by their acts/ omissions and to co-operate with employer
      • Section 8: no person to intentionally/ recklessly interfere with or misuse anything provided for health, safety or welfare
      • Section 9 : no charge to employees for H&S items
    • 30.
      • Section 36: where the commission of an offence is due to the default of another person - that person shall be guilty of the offence
      • Section 37: Directors are responsible (as well as the body corporate) for offences committed with their consent/connivance or attributable to any neglect on their part
    • 31.
      • Made under the Health & Safety at Work etc Act 1974
      • Often required by European Directives
      • Consultative Documents issued by Health & Safety Commission
      • Signed by the Secretary of State
      • Laid before Parliament
      • Have coming into force (CIF) dates
      • Most may be cited in “breach of statutory duties” actions (but not HSAWA or MHSWR)
    • 32.
      • Management of H&S at Work * Workplace Health, Safety & Welfare * Working time * Provision & Use of Work Equipment * Personal Protective Equipment at Work * Display Screen Equipment * Manual Handling Operations * Safety Signs & Signals * Pressure Systems * Electricity at Work * First Aid at Work * Control of Substances Hazardous to Health * Control of Asbestos at Work * Genetic Modification (Contained Use) Regulations * Dangerous Substances & Explosive Atmospheres * Ionising Radiations * Genetic Modification * Reporting of Accidents, Incidents & Dangerous Occurrences
    • 33.
      • Assessment of risks
      • planning, organisation, control monitoring & review
      • health surveillance
      • competent H&S personnel
      • emergency procedures
      • information & training
      • co-operation with other employers
      • employees to follow instructions & report serious dangers/shortcomings
    • 34.
      • Maintenance,ventilation, heating & lighting
      • Cleanliness & waste materials
      • Space
      • Workstations, floors & traffic routes
      • Measures to prevent falls or falling objects
      • Windows, skylights & ventilators
      • escalators, walkways, doors & gates
      • toilets, washing facilities, drinking water
      • Facilities for changing, resting & eating
    • 35.
      • Risk assessment
      • elimination or control of risk
      • maintenance of equipment
      • environmental monitoring
      • health surveillance
      • emergency procedures
      • information, instruction & training
    • 36.
      • ACOPs are prepared by the Health & Safety Commission
      • Although they are not laid before Parliament, they have a legal status
      • They set out how Regulations may be complied with
      • You do not have to follow the ACOP but if you do not you may have to prove that you complied with the Regulations by other means
    • 37.
      • Entry to premises
      • Involvement of police
      • Make necessary examinations & investigations
      • To direct premises are undisturbed
      • To take photographs, measurements & samples
      • To order plant to be dismantled
      • Require witness statements
      • Inspect documents etc
    • 38.
      • A Prohibition Notice prohibits an activity (e.g. use of a dangerous machine)
      • An Improvement Notice requires improvements (usually within a time scale)
      • Organisations can appeal against notices to an Industrial Tribunal
      • The HSE “names and shames” offenders
      • Enforcing Authorities can prosecute offenders for breaches of HSAWA or Regulations made under HSAWA
    • 39.
      • Failing to comply with an Improvement/ Prohibition Notice :
      • Lower court £20,000 and/or 6 months in prison
      • Higher court unlimited fine and/or 2 years in prison
      • Breaches of sections 2-6 of HSAWA
      • Lower court £20,000; higher court unlimited fine
      • Breaches of regulations etc
      • Lower court £5,000; upper court
      • unlimited fine
    • 40.
      • Both individuals and organisations can be charged with manslaughter
      • At present, a company can only be convicted of manslaughter if “the Controlling mind” is first proved guilty
      • This is normally only possible with very small companies
      • The law is being changed to make it easier to convict larger organisations
    • 41.
      • A chemical company (Associated Octel) used a firm of specialist contractors to carry out maintenance under permit to work systems
      • One of the contractors suffered severe burns when a lamp broke setting fire to solvent vapours from a bucket of acetone which was being used as a cleaning agent
      • AO denied responsibility, claiming that the activities of the contractors were “not part of their undertaking”
      • If you were an HSE inspector, who would you prosecute and why?
    • 42.  
    • 43.
      • People often say “health & safety is just common sense” but unfortunately, “common sense” is a rare commodity
      • A proactive management system is needed if accidents and work related ill health are to be reduced
      • Policy, organisation, planning, monitoring, review
    • 44.
      • Commitment to standards of good/best practice
      • Duties/responsibilities of staff & employees
      • Duties/responsibilities to public, visitors.
      • May be supplemented by local rules
      • Signed by Head of Department
      • Periodically reviewed
    • 45.
      • Control - supervision, safe systems of work etc
      • Consultation - Safety Committees, informal consultation
      • Communication - intra-departmental, OHS Bulletin, web site etc
      • Competence - health & safety information, instruction, and training
    • 46.
      • A little fire is quickly trodden out, which being suffered rivers cannot quench – Shakespeare
      • Emergency plan
      • Evacuation wardens
      • Training & information
      • Emergency kits
      • Fire prevention
    • 47.
      • Risk assessment
      • Substances hazardous to health
      • Stress management
      • Supervision of contractors
      • Accident investigation
      • Office safety
      • Fire & emergencies etc
    • 48.
      • Runs from .....................
      • Incorporates Government targets for reduction of accidents and ill health at work
      • Addresses each of the 5 areas of H&S management
      • Sets a timetable for action
    • 49.
      • Should be reviewed annually
      • Could include:
      • - policy revision
      • - organisational initiatives (training etc)
      • - risk assessment
      • - risk elimination or control initiatives
      • - monitoring/review
      • Can include in Annual H&S Report
    • 50.
      • Inspections by Trade Union
      • Reps
      • Health & Safety Management
      • Audits
      • Visits by insurers and enforcing authorities
    • 51.
      • All accidents and untoward incidents should be:
      • - reported (RIDDOR)
      • - recorded
      • - investigated
      • Remedial action must be
      • taken to prevent repetition
    • 52.
      • Injuries which involve the following should be reported:
      • Visitors, young persons or contractors being taken to hospital
      • A time loss of more than 3 days results
      • Admittance to hospital for more than 24 hours 
      • Death ● Resuscitation ● Amputation
      • Loss of consciousness ● Fractures ● Dislocations
      • Loss of sight (temporary or permanent)
      • Specified diseases
      • Specified dangerous occurrences
    • 53.
      • Encourage reporting of minor accidents and near misses
      • Investigate & take action to prevent recurrence – immediate & underlying causes
      • Ensure accident form is completed
      • Keep a copy with relevant documentation, (e.g. witness statements, records of training, photographs)
      • Investigations should be about preventing recurrence, not apportioning blame
    • 54.
      • Review arrangements periodically
      • when Annual H&S Reports written
      • a significant change in activities
      • After a serious incident
    • 55.  
    • 56.
      • You must:
      • Identify hazards
      • decide who is at risk
      • assess the risks
      • Record significant findings
      • eliminate or control risks
    • 57.
      • A hazard is the Anything
      • that can cause harm
      • A ri sk is the probability or Likelihood
      • that the hazard will
      • cause harm
    • 58.
      • Some risks we accept as part of normal living. Most would consider such conditions to be “safe”.
      • Other risks we tolerate because we consider the benefits outweigh the risks (e.g. driving a car). Conditions should also be relatively safe, provided risks are reduced as low as is reasonably practicable ( ALARP ).
      • Some risks are considered intolerable and most would consider conditions “unsafe”
    • 59.
      • Look for hazards that could reasonably be expected to cause significant harm
      • Check list
      • Walk through survey
      • Brainstorming session
      • What could go wrong if…………………….?
      • How could such a failure happen………...?
    • 60.
      • Operators
      • Supervisors
      • Contractors
      • People sharing your workplace
      • Visitors & members of the public
      • Special risks (pregnant women, young or inexperienced persons, lone workers, people with disabilities etc)
    • 61. Risk = Harm x likelihood Low frequency Moderate frequency High frequency Minor injury Very low risk Low risk Moderate risk Serious injury Low/ Moderate Moderate risk High risk Major injury Moderate/ high risk High risk Very high risk
    • 62.
      • Eliminate if practicable
      • otherwise control exposure
      • safe systems of work
      • personal protective equipment
      • instruction and training
      • emergency procedures
      • health surveillance
    • 63.  
    • 64. DO YOU KNOW WHAT TO DO ? FIRE
    • 65.  
    • 66.
      • Risk of multiple fatalities and material loss
      • Keep combustible material to a minimum
      • Take care with flammable solvents
      • Dispose of waste promptly
      • Take care with sources of ignition
      • Do not wedge fire doors open
      • Do not block fire exits
      • Report faults etc promptly
    • 67.
      • Fires can break out any time
      • Do you know what to do ?
      • Do you know where to go ?
      • Do you know which extinguisher to use ?
    • 68.
      • The following slides will help,
      • HOWEVER YOU SHOULD READ YOUR LOCAL FIRE INSTRUCTIONS,
      • IT JUST MIGHT SAVE YOUR LIFE
      • OR SOMEONE ELSES.
    • 69.
      • SHOUT,
      • FIRE, FIRE, FIRE,
      • don’t be embarrassed or worried about being wrong and don’t try to be a hero.
      • Press the nearest FIRE CALL BUTTON, get to know where they are, normally by or close too exits.
    • 70. BREAK GLASS TO SOUND ALARM
    • 71.
      • USE THE NEAREST PHONE AND CALL THE EMERGENCY NUMBER.
      999
    • 72.
      • GIVE YOUR
      • NAME
      • WHERE YOU ARE CALLING FROM
      • WHERE THE FIRE IS
      • ONLY IF IT IS SAFE TO DO SO - INFORM THE OPERATOR IF YOU ARE MAKING AN ATTEMPT TO EXTINGUISH THE FIRE
      ONE ATTEMPT ONLY
    • 73.
      • LEAVE THE BUILDING BY THE NEAREST EXIT.
      • CLOSE DOORS/ WINDOWS ONLY IF SAFE TO DO SO
      • GO TO THE FIRE ASSEMBLY POINT
      • AWAIT THE FIRE SERVICE
    • 74.  
    • 75. OXYGEN HEAT/ IGNITION SOURCE FUEL
    • 76. FIRE EQUIPMENT EMERGENCY EXIT ETC
    • 77. EXTINGUISHERS
    • 78.
      • Portable device used to put out fires of limited size. Such fires are grouped into four classes, according to the type of material that is burning.
      • Class A fires include those in which ordinary combustibles such as wood, cloth, and paper are burning.
      • Class B fires are those in which flammable liquids, oils, and grease are burning.
      • Class C fires are those involving live electrical equipment.
      • Class D fires involve combustible metals such as magnesium, potassium, and sodium. Each class of fire requires its own type of fire extinguisher.
    • 79.
      • Some extinguishers will put out only one class of fire; others are used for two or even three classes; none is suitable for all four classes.
    • 80.
      • Fire extinguishers may go unused for many years, but they must be maintained in a state of readiness. For this reason, periodic inspection and servicing are required, and that responsibility rests with the owner. Local Authority Fire department inspectors check at periodic intervals to see that extinguishers are present where required by law and that they have been serviced within the specified time period.
    • 81.
      • Class A fire extinguishers are usually water based. Water provides a heat-absorbing (cooling) effect on the burning material to extinguish the fire. Stored-pressure extinguishers use air under pressure to expel water.
    • 82.
      • Class B fires are put out by excluding air, by slowing down the release of flammable vapours , or by interrupting the chain reaction of the combustion.
      • Three types of extinguishing agents —
      • carbon dioxide gas,
      • dry chemical (powder) , and
      • foam
      • are used for fires involving flammable liquids, liquefiable solids, greases, and oils.
    • 83.
      • Carbon dioxide is a compressed gas agent that prevents combustion by displacing the oxygen in the air surrounding the fire. (CAUTION, DO NOT TOUCH THE HORN OR BASE OF THE EXTINGUISHER DURING DISCHARGE AS THEY BECOME EXTREMELY COLD)
    • 84.
      • The two types of dry chemical extinguishers include one that contains ordinary sodium or potassium bicarbonate, urea potassium bicarbonate, and potassium chloride base agents;
      • The multi-purpose, dry chemical type extinguishers contains an ammonium phosphate based powder. The multi-purpose extinguisher can be used on class A, B, and C fires.
    • 85.
      • Most dry chemical extinguishers use stored pressure to discharge the agent, and the fire is extinguished mainly by the interruption of the combustion chain reaction.
    • 86.
      • Foam extinguishers use an aqueous film forming foam (AFFF) agent that expels a layer of foam when it is discharged through a nozzle. It acts as a barrier to exclude oxygen from the fire
    • 87.
      • The extinguishing agent in a class C fire extinguisher must be electrically non-conductive. Both carbon dioxide and dry chemicals can be used in electrical fires. An advantage of carbon dioxide is that it leaves no residue after the fire is extinguished. When electrical equipment is not energized, extinguishers for class A or B fires may be used.
    • 88.
      • A heat-absorbing extinguishing medium is needed for fires in combustible metals. Also, the extinguishing medium must not react with the burning metal. The extinguishing agents, known as dry powders, cover the burning metal and provide a smothering blanket.
    • 89.
      • The extinguisher label gives operating instructions and identifies the class, or classes, of fire on which the extinguisher may be used safely.
      • USING THE WRONG EXTINGUISHER CAN BE DANGEROUS
    • 90. New extinguishers WATER FOAM A FF POWDER CO2
    • 91. WATER FOAM AFFF POWDER CO2
    • 92. Don’t let it be yours