HSC,HSE, Health and Safety Law
and Appointed/Approved Doctors


            Dr Nerys Williams
          DWP Medical Policy...
Introduction


Structure and organisation of HSC and HSE
Overview of basic principles of UK H&S Law with
  specific mentio...
HSC and HSE

Mission “to ensure that risks to people’s health and
 safety from work activities are properly
 controlled”
H...
HSC

The BIGGER picture : DWP, Jane Kennedy Minister

Health and Safety Commission
 Set up 1974
 Responsible to the Secr...
HSE

   Operational arm
   work directed by HSC
   responsible for enforcement, research, publicity
    and advice
   ...
Field Operations Directorate

   Proactive routine inspection (single/multiple issue)
   incident investigation
   comp...
Field Operations Directorate

Action is based on risk and principles of:
       proportionality

       consistency

   ...
Field Operations Directorate

An inspectors options :
 Verbal advice
 Written advice
 Improvement notice
 Prohibition ...
Field Operations Directorate

Penalties
 Fines – up to £20,000 in Magistrates Courts,
  unlimited in Crown Court
 Impris...
Powers of inspectors

   Appointed under HASAWA ( Section 19)
   Can only exercise powers in their area of responsibilit...
FOD arrangements

   6 divisions ( including Wales!) plus Scotland
   Each division has team of regulatory inspectors
  ...
EMAS

Employment Medical Advisory Service
 set up by HASAWA (Sections 55-60)
 legal duties to advise on gaining and reta...
EMAS

 Now medical and occupational health inspectors
 Part of Corporate Medical Unit
 New types of work – national ins...
Revitalising Health and Safety

Background
25 years post HASAWA
progress with safety but less with health
aim to reduce H&...
Revitalising Health and Safety

10 point Strategy
 promote better working conditions
 involve the workforce more
 make ...
Revitalising Health and Safety

Targets
   reduce days lost due to work related injury and ill health by
    30% by 2010
...
Revitalising Health and Safety

Priorities
 Sectors health, agriculture, construction
 Topics musculoskeletal, stress, a...
Occupational Health and Safety Law

General philosophy
 “duty holders” responsibility
 “self regulation” within a framew...
SFAIRP

“so far as is reasonably practicable”
   legal term widely used in GB H&S law
   aims to ensure control measures...
Legal duty

SRAIRP can be complied with by meeting :
 Relevant good practice
 or otherwise reduce risks ALARP (as low as...
H&S Law Coverage

HASAWA 1974 places duties on :
 employers
 employees
 self employed
 manufacturers
 others (covers ...
Acts,Regulations, Approved Codes
         of Practice and Guidance
 Act is the law (umbrella)
 Regulations are laws, usu...
Law

   Criminal versus Civil
   HASAWA is criminal law so no insurance against
    prosecution. Directors have liabilit...
HASAWA etc 1974

Section 2 duties of employers
 Section 2(1) “to ensure, so far as is reasonably
  practicable, the healt...
HASAWA etc 1974

Section 3 “ persons not in his employ… not
exposed to risks to their health or safety”
Section 6 manufact...
HASAWA etc 1974

Section 36 offences due to the fault of others. No
need to prosecute employer

Section 37 offences by the...
Main regs under HASAWA 1974
 Health and Safety (First Aid) regs 1981
 Ionising Radiation Regulations (85) 1999
 Control...
Health and Safety(First Aid)
              Regulations 1981
   An employer decides he no longer needs to send
    employe...
COSHH 2002

Control of Substances Hazardous to Health
Regulations


Covers all substances which could cause harm including...
COSHH

   What hazardous materials/agents are not covered ?

   Why not ?
COSHH

Reg 11 health surveillance
 Schedule 6 substances and process ( app dr only)
 Generic if criteria are met i.e. id...
Article 118A

   Pre EU : HASAWA, Noise at Work regs, CAW,
    CLAW, IRR, Compressed Air regs
   Post EU : COSHH, 6 pack...
6 Pack

 Management of Health and Safety at Work Regs 1992
  (now 1999) *Reg 6
 Provision and Use of Work Equipment Regs...
Generic Framework

 identify the hazard
 assess the risk
 control and reduce the risk (elimination,
  substitution,encl...
Health surveillance

Under which regulations is health surveillance a
 legal requirement ?
Main regs under HASAWA 1974
 Health and Safety (First Aid) regs 1981
 Ionising Radiation Regulations (85) 1999 *
 Contr...
Health Surveillance

 Health surveillance is indicated :
 COSHH
 Schedule 6 substances and processes
      Reg 11 when ...
Health Surveillance

 Plus Reg 6 of Management Regs
 health surveillance for physical hazards such as noise and
  vibrat...
Management of Health and Safety at
     Work Regulations 1999

Includes legislation covering
 Pregnant and nursing mother...
Management of Health and Safety at
     Work Regulations 1999
    Includes in Regulation 3 the need for “suitable and

  ...
Other law relevant to OH

   Employers Liability Insurance
   Disability Discrimination Act 1995 ( remember all
    empl...
“NEW” LEGISLATION

Physical agents directive
 Noise
 HAVS
 WBV
Physical Agents

                                  After (now) 2006:
Noise
                                  1st action le...
Physical Agents

                               Now:
Vibration
                                Exposure action value
Curr...
Changes to exposure standards

First there were:              Now there are :

                               Workplace ex...
Appointed and Approved Doctors

   Appointed by HSE ( SMI) to undertake statutory medical
    examinations under specific...
Appointed Doctors

   Application ( MS38A and MS38B). DOM = basic
    requirement.
   Visit to ensure competence and und...
Appointed Doctors

   May advise suspension ( CLAW or IRR)
   Must advise of right of appeal
   Has right to be paid fo...
Approved Doctors

 Approved under DAW regs 1987
 Must have attended basic course (4 days)
 2 days in 5 years for update...
Sources of Information
                     ( on areas not covered)

   L5 COSHH ACOP and www.hse.gov.uk COSHH indg136.pd...
Sources of information

 HSE info line 0845 345 0055
 HSE Books 01787881165
 Incident Contact centre (info on RIDDOR re...
THE END



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D Part 15 Hsc & Hse

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D Part 15 Hsc & Hse

  1. 1. HSC,HSE, Health and Safety Law and Appointed/Approved Doctors Dr Nerys Williams DWP Medical Policy Advisor/ Principal Occupational Health Physician IOEH May 2006
  2. 2. Introduction Structure and organisation of HSC and HSE Overview of basic principles of UK H&S Law with specific mentions of COSHH, IRR, CAW, CLAW, DAW Regulations Recent changes, difference of opinion and new legislation Appointed doctors (who, what, why)
  3. 3. HSC and HSE Mission “to ensure that risks to people’s health and safety from work activities are properly controlled” HSC administers the Act, proposes regulations and approved codes of practice, makes arrangements for research and appoints Advisory committees. HSE “executive” 3 people appointed by HSC. 4000+ staff undertakes functions delegated by HSC and enforces HASAWA. Also provides policy advice to HSC and conducts licensing and approvals.
  4. 4. HSC The BIGGER picture : DWP, Jane Kennedy Minister Health and Safety Commission  Set up 1974  Responsible to the Secretary of State for administration of H&S through Commissioners  Duty to secure the H,S and W of persons at work and protect the public generally from risks at work.  10 people (9 part time), Chair Bill Callaghan ( TU)  Reps from employers, employees, consumers and LA
  5. 5. HSE  Operational arm  work directed by HSC  responsible for enforcement, research, publicity and advice  divided into directorates  policy and administration  technical and research  enforcement ( FOD, offshore, nuclear, construction)
  6. 6. Field Operations Directorate  Proactive routine inspection (single/multiple issue)  incident investigation  complaint follow up  special projects e.g. blitzes
  7. 7. Field Operations Directorate Action is based on risk and principles of:  proportionality  consistency  transparency  targeting
  8. 8. Field Operations Directorate An inspectors options :  Verbal advice  Written advice  Improvement notice  Prohibition notice (immediate or deferred)  Prosecution
  9. 9. Field Operations Directorate Penalties  Fines – up to £20,000 in Magistrates Courts, unlimited in Crown Court  Imprisonment  Manslaughter – dealt with by Crown Prosecution Service
  10. 10. Powers of inspectors  Appointed under HASAWA ( Section 19)  Can only exercise powers in their area of responsibility (cf LA) and use powers only for the purposes of the Act  Must be appointed in writing and be suitably qualified  Can enter and take a constable or authorised person  Examine and investigate  Require discovery of books and documents  Measure and sample  Leave undisturbed, take possession and dismantle  Require a signed statement of truth
  11. 11. FOD arrangements  6 divisions ( including Wales!) plus Scotland  Each division has team of regulatory inspectors and specialists  Specialists include occupational hygiene, construction and mechanical engineers and radiation)
  12. 12. EMAS Employment Medical Advisory Service  set up by HASAWA (Sections 55-60)  legal duties to advise on gaining and retaining employment  run appointed doctor and appeal systems  advise, inspect, investigate, research and enforce  same powers as regulatory inspectors
  13. 13. EMAS  Now medical and occupational health inspectors  Part of Corporate Medical Unit  New types of work – national inspection programmes e.g. animal allergy, stress in social workers, MSD in printers  Investigation of RIDDOR reports of disease  Expert witness in Court  Networking with key stakeholders and academic department  Specific portfolios both sector and topic – opportunity to develop expertise
  14. 14. Revitalising Health and Safety Background 25 years post HASAWA progress with safety but less with health aim to reduce H&S failures by 30% over 10 years
  15. 15. Revitalising Health and Safety 10 point Strategy  promote better working conditions  involve the workforce more  make health a top priority  positively engage small firms  motivate employers  better self regulation  partnerships  Government lead by example  education at every level  “design it in”
  16. 16. Revitalising Health and Safety Targets  reduce days lost due to work related injury and ill health by 30% by 2010  reduce the incidence rate of fatal and major accidents by 10% by 2010  reduce the incident rate of cases of work related ill health by 20% by 2010  achieve half of the improvement under each target by 2004!
  17. 17. Revitalising Health and Safety Priorities  Sectors health, agriculture, construction  Topics musculoskeletal, stress, asthma,HAVS,  Accident topics slips/trips/falls/transport.
  18. 18. Occupational Health and Safety Law General philosophy  “duty holders” responsibility  “self regulation” within a framework  Co-operation and consent  Goal setting not prescriptive  Concept of SFAIRP
  19. 19. SFAIRP “so far as is reasonably practicable”  legal term widely used in GB H&S law  aims to ensure control measures giving most risk reduction are taken but at a cost which is not grossly disproportionate to the benefit achieved.
  20. 20. Legal duty SRAIRP can be complied with by meeting :  Relevant good practice  or otherwise reduce risks ALARP (as low as reasonably practicable) * (campbell-fitzpatrick case) “Relevant good practice ? “  based on technical feasibility, balance of costs and benefits, societal concerns, acceptable residual risk
  21. 21. H&S Law Coverage HASAWA 1974 places duties on :  employers  employees  self employed  manufacturers  others (covers the public where work activities affect them)
  22. 22. Acts,Regulations, Approved Codes of Practice and Guidance  Act is the law (umbrella)  Regulations are laws, usually made under HASAWA Usually goal setting, though sometimes have an absolute requirement. They implement EU directives  ACOPs are practical e.g.s of good practice and provide advice on how to comply (e.g. on what is reasonably practicable). Special legal status. Burden of proof on duty holder.  Guidance interprets the law, helps people comply, gives technical advice but is not compulsory
  23. 23. Law  Criminal versus Civil  HASAWA is criminal law so no insurance against prosecution. Directors have liabilities they cannot avoid. They can delegate tasks but not overall responsibility.
  24. 24. HASAWA etc 1974 Section 2 duties of employers  Section 2(1) “to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all of his employees”  Section 2(3) 5 or more employees H&S policy statement detailing organisation and arrangements for carrying it out. Brought to notice of employees (usually by poster)
  25. 25. HASAWA etc 1974 Section 3 “ persons not in his employ… not exposed to risks to their health or safety” Section 6 manufacturers, suppliers Section 7 duties of employees to  look after themselves and others  acts and omissions  co –operate with the employer as necessary Section 8 interference and misuse of anything provided in the interests of health,safety or welfare Section 9 duty not to charge
  26. 26. HASAWA etc 1974 Section 36 offences due to the fault of others. No need to prosecute employer Section 37 offences by the body corporate – consent or connivance or neglect of a director, manager etc e.g. Harvestime Bakery. Implicit prosecution of company
  27. 27. Main regs under HASAWA 1974  Health and Safety (First Aid) regs 1981  Ionising Radiation Regulations (85) 1999  Control of Asbestos at Work Regs (87) 2002  Control of Substances Hazardous to Health Regs (87) 2002  Reporting of Injuries, Diseases and Dangerous occurrences regs (85) 1995  Control of Lead at Work Regs (81) 2002  Compressed Air Regs 1996  Diving at Work Regs 1997  (plus construction etc etc)
  28. 28. Health and Safety(First Aid) Regulations 1981  An employer decides he no longer needs to send employees on First Aid courses as you, the newly appointed occupational physician, are now visiting the site weekly and he is only 15 minutes walk from the hospital casualty department.  What is your view regarding his compliance with the regulations ?  Who counts as first aiders for the purposes of the regulations ?
  29. 29. COSHH 2002 Control of Substances Hazardous to Health Regulations Covers all substances which could cause harm including biological agents and carcinogens .
  30. 30. COSHH  What hazardous materials/agents are not covered ?  Why not ?
  31. 31. COSHH Reg 11 health surveillance  Schedule 6 substances and process ( app dr only)  Generic if criteria are met i.e. identifiable health effect, reasonable chance of occurring, valid techniques for detecting, surveillance would further protect e.g. skin or respiratory sensitisers (competent person, nurse, doctor)  Requires records to be kept
  32. 32. Article 118A  Pre EU : HASAWA, Noise at Work regs, CAW, CLAW, IRR, Compressed Air regs  Post EU : COSHH, 6 pack and subsequent Pregnant Workers, Young Persons, Temporary Workers, Working Time Regs
  33. 33. 6 Pack  Management of Health and Safety at Work Regs 1992 (now 1999) *Reg 6  Provision and Use of Work Equipment Regs 1992 (now 1998)  Workplace (H,S and W) Regulations 1992  Manual Handling Operations Regulations 1992  Personal Protective Equipment at Work Regulations 1992  Health and Safety (Display Screen Equipment) Regulations 1992
  34. 34. Generic Framework  identify the hazard  assess the risk  control and reduce the risk (elimination, substitution,enclosure, at source rather than at the individual level)  check controls work ( e.g. monitoring)  provide information, instruction and training  health surveillance if indicated
  35. 35. Health surveillance Under which regulations is health surveillance a legal requirement ?
  36. 36. Main regs under HASAWA 1974  Health and Safety (First Aid) regs 1981  Ionising Radiation Regulations (85) 1999 *  Control of Asbestos at Work Regs (87) 2002*  Control of Substances Hazardous to Health Regs (87) 2002*  Reporting of Injuries, Diseases and Dangerous occurrences regs (85) 1995  Control of Lead at Work Regs (81) 2002*  Compressed Air Regs 1996*  Diving at Work Regs 1997*
  37. 37. Health Surveillance  Health surveillance is indicated :  COSHH  Schedule 6 substances and processes Reg 11 when indicated and criteria met performed by responsible person, nurse or doctor Aim: to provide information on the control of residual risk through examination, BM, BEM, enquiry/inspection, periodic review of records Feedback to company and records essential
  38. 38. Health Surveillance  Plus Reg 6 of Management Regs  health surveillance for physical hazards such as noise and vibration ( whole body and hand arm) was a requirement pre-2006  Now implementation of the EU physical agents directive (see later)
  39. 39. Management of Health and Safety at Work Regulations 1999 Includes legislation covering  Pregnant and nursing mothers  Temporary workers  Young workers
  40. 40. Management of Health and Safety at Work Regulations 1999 Includes in Regulation 3 the need for “suitable and  sufficient risk assessment…. to identify groups of workers particularly at risk e.g. young and inexperienced workers, disabled staff, new or expectant mothers”.
  41. 41. Other law relevant to OH  Employers Liability Insurance  Disability Discrimination Act 1995 ( remember all employers covered from October 2004)  Employment Rights Act 1996  Human Rights Act 1998  Access to Medical Reports Act 1988  Access to Medical Records Act 1990 (then Data Protection Act 1998)  RIDDOR 1995
  42. 42. “NEW” LEGISLATION Physical agents directive  Noise  HAVS  WBV
  43. 43. Physical Agents After (now) 2006: Noise 1st action level 80dB(A) NAW effected 1/1/1980 (peak value 112 pascals) EC 86/188/EEC – new regs by 15 February 2006 2nd action level 85 dB(A) Before: (peak level of 140 pascals) 1st action level 85 dB(A) 2nd action level 90 dB(A) Limit value 87 dB(A) and 200 peak sound pressure 200 pascals pascals ( takes into account hearing protection)
  44. 44. Physical Agents Now: Vibration  Exposure action value Current situation – no (EAV) 2.5 m/s2 specific regs but covered by MHSW regs  Exposure limit value EC directive (ELV) 5 m/s2. Before:  Total vibration value – Action level of 2.8 m/s2 m/ment in 3 directions (HS(G)88)  Current action level of 3 directions but magnitude 2.8= about 4 m/s2 (total from dominant direction vibration value TVV)
  45. 45. Changes to exposure standards First there were: Now there are : Workplace exposure limits (WELs) Occupational exposure levels Apply 8 principles of good practice – OES (occupational for control of substances exposure standard) Ensure the WEL is not exceeded – MEL (maximum Ensure that substances that cause exposure standard) cancer, asthma, genotoxic is reduced ALARP
  46. 46. Appointed and Approved Doctors  Appointed by HSE ( SMI) to undertake statutory medical examinations under specific regs for specific companies.  Approved to undertake medical examinations of divers for the divers ( not the companies/employers)  Appointed with certificate  Up to 5 years  Subject to satisfactory performance ( admin and technical knowledge of regs)  No employer, no appointment
  47. 47. Appointed Doctors  Application ( MS38A and MS38B). DOM = basic requirement.  Visit to ensure competence and understanding of the role and requirements  Responsibility by SMI for App Dr with support with manual, telephone advice  Fees at discretion of doctor  Duties to employee, employer and EMAS/HSE. Right of access to employees for medicals in work time  CLAW visits to workplace essential, for all regs an understanding of work processes very important
  48. 48. Appointed Doctors  May advise suspension ( CLAW or IRR)  Must advise of right of appeal  Has right to be paid for service  Must maintain currency and attend updates as advised.  ( for IR needs to have attended one day course before appointment)
  49. 49. Approved Doctors  Approved under DAW regs 1987  Must have attended basic course (4 days)  2 days in 5 years for update  Equipment must be calibrated/serviced  Doctor must be prepared to complete documentation and issue diver with certificate to dive.  Prefer doctors who dive  Applications via Mrs Barbara Bell, HSE Glasgow
  50. 50. Sources of Information ( on areas not covered)  L5 COSHH ACOP and www.hse.gov.uk COSHH indg136.pdf  HSG 97 Step by step guide to COSHH assessment  HSG110 7 steps to successful substitution of hazardous substances  HSG 37 introduction to local exhaust ventilation  HSG53 selection, use and maintenance of respiratory protective equipment  HSG54 maintenance, examination and testing of local exhaust ventilation EH40/2002 Occupational exposure limits ( updated annually – 2003  supplement)
  51. 51. Sources of information  HSE info line 0845 345 0055  HSE Books 01787881165  Incident Contact centre (info on RIDDOR reportable conditions) 0845 300 9923  HSE web page www.hse.gov.uk for information searches, free leaflets  www.nrpg.org - general information on radiation  www.hmso.gov.uk for statutory instruments
  52. 52. THE END Thank you

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