IOSH

1. Understanding your responsibilities
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2. Understanding your responsibilities

3. Understanding your responsibilities

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5. Understanding your responsibilities
What does the law require
you to do?
Understanding your responsibilities

6. Understanding your responsibilities
As a manager, you know you have health
and safety responsibilities, but what is there
to guide you?

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The law sets the boundaries within which
companies must operate

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The law attempts to be fair by
requiring you to be responsible for
reasonably foreseeable risks

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According to the law, employers are not
responsible for issues they can successfully
argue as ‘not reasonably foreseeable’

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There are three simple tests to determine
whether a risk is reasonably foreseeable:

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There are three simple tests to determine
whether a risk is reasonably foreseeable:
• Common knowledge

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• Common knowledge
• Industry knowledge
There are three simple tests to determine
whether a risk is reasonably foreseeable:

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• Common knowledge
• Industry knowledge
• Expert knowledge
There are three simple tests to determine
whether a risk is reasonably foreseeable:

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As a manager, you’re required to assess
reasonably foreseeable risks, and reduce
risks so far as is reasonably practicable

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As a manager, you’re required to assess
reasonably foreseeable risks, and reduce
risks so far as is reasonably practicable

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As a manager, you’re required to assess
reasonably foreseeable risks, and reduce
risks so far as is reasonably practicable

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How does the law work?

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Criminal Law

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Health and Safety at Work etc Act 1974
(HASWA)

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The Management of Health and Safety at
Work Regulations 1999

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The Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995
(RIDDOR)

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These statutes are put in place by
parliament in an attempt to stop accidents
and injury before they happen

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In criminal law, the State must prove its case
‘beyond reasonable doubt’

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Likely outcomes of a criminal case:
Fines
Imprisonment

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Civil Law

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People injured by the negligence of others
or a breach of statutory duty can seek
compensation for harm

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• the defendant owed the
claimant a duty of care
To be successful, the claimant must show that:
• the duty of care was
breached
• the injury was caused by
the breach of the duty of
care

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If the employee played a part in the injury, the
claim may be reduced due
to contributory negligence

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However, if other employees caused the injury,
the employer may still be
ultimately responsible due
to vicarious liability

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In civil law, the claimant must prove its case
‘on the balance of probabilities’

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A decision made by a judge is a precedent,
which means that the verdict of this case will
apply to similar future cases

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1. Who does the court case focus on?
The accused
The injured party

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1. Who does the court case focus on?
The accused The injured
party

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2. What is the main source of this type of
law? Common law precedence
Statute law

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2. What is the main source of this type of
law?
Statute law Common law
precedence

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3. Who makes this kind of law?
Judges
Parliament

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3. Who makes this kind of law?
Parliament
Judges

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4. Who initiates legal proceedings?
HSE or Local Authority
Anyone affected

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4. Who initiates legal proceedings?
HSE or
Local Authority Anyone
affected

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5. What is the most likely outcome for this
case? Compensation payouts
Fines and/or imprisonment

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5. What is the most likely outcome for this
case?
Fines and/or
possible
imprisonment
Compensation
payouts

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6. Who is responsible for proving the case
(burden of proof)? The State
The claimant

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6. Who is responsible for proving the case
(burden of proof)?
The State
The claimant
(subject to health and
safety law)

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7. What is the burden of proof?
On the balance of probabilities
Beyond reasonable doubt

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7. What is the burden of proof?
Beyond
reasonable
doubt
On the
balance of
probabilities

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8. Normally, how soon must legal action
start? Three years
Six months

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8. Normally, how soon must legal action
start?
Six months for
summary offences
Three years from
discovery of harm
(but can be extended)
(but courts have
discretion to extend)

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9. What are the main parts of the law that
apply? HASWA 1974…
Duty of care…

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9. What are the main parts of the law that
apply to health and safety?
Health and Safety at
Work etc Act
1974 and associated
regulations
Duty of care,
negligence,
and breach of
statutory duty

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Help with interpreting and applying the law
can be found in the form of:
• approved codes of practice
• guidance documents
• industry specific
guidance

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Now that you’ve seen what could happen
after a serious accident, what kind of system
do you need to put in place to prevent one?

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What are the key parts of a health and
safety management system?

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Most health and safety management
systems are based around the principle:
Policy
Planning and organising
Implementing and operating
Measuring performance
Review and continual
improvement

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The key benefits of introducing a health and
safety management system are to:
• comply with legislative requirements
• help deliver the policy
• improve management of risks
• provide competitive edge
• provide synergy with good
business management

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A policy is your commitment to comply with
the law and meet your responsibilities

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The next step involves planning for hazards,
risks, emergencies and responses

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Then, organise responsibilities, and ensure
each worker is capable of fulfilling them

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Then, organise responsibilities, and ensure
each worker is capable of fulfilling them

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Implement your policy, planning and
organisation by putting it into operation

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The only way you can find out if your plans
are working is to measure performance

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For accurate records, performance should
be measured both short and long term

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If you find that adjustments are necessary,
you may need to review and improve it

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OHSAS 18001 / ISO 14001 Management System Elements

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When it comes to responsibility, you need to:
• appreciate the key procedures so you
understand when to act, and when not to
• reduce reasonably foreseeable risks so
far as is reasonably practicable
• adapt your HSMS to the specific needs of
your organisation to support sustainability
• get everyone involved!

79. Understanding your responsibilities
• What does the law require you to do?
• How does the law work?
• What are the key parts
of a health and safety
management system?
Key learning points:

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• What does the law require you to do?
• How does the law work?
• What are the key parts
of a health and safety
management system?
Key learning points:

81. Understanding your responsibilities
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