iaugliuewfgbui fkjdfgwiubgweu

1. Understanding your responsibilities

2. Understanding your responsibilities

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

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

5. Understanding your responsibilities
The law sets the boundaries within which
companies must operate

6. Understanding your responsibilities
The law attempts to be fair by
requiring you to be responsible for
reasonably foreseeable risks

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

8. Understanding your responsibilities
There are three simple tests to determine
whether a risk is reasonably foreseeable:

9. Understanding your responsibilities
There are three simple tests to determine
whether a risk is reasonably foreseeable:
• common knowledge

10. Understanding your responsibilities
• common knowledge
• industry knowledge
There are three simple tests to determine
whether a risk is reasonably foreseeable:

11. Understanding your responsibilities
• common knowledge
• industry knowledge
• expert knowledge
There are three simple tests to determine
whether a risk is reasonably foreseeable:

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

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

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

15. Understanding your responsibilities
How does the law work?

16. Understanding your responsibilities

17. Understanding your responsibilities

18. Understanding your responsibilities

19. Understanding your responsibilities
Criminal Law

20. Understanding your responsibilities
Health and Safety at Work etc Act 1974
(HASWA)

21. Understanding your responsibilities
The Management of Health and Safety at
Work Regulations 1999

22. Understanding your responsibilities
The Workplace (Health, Safety and
Welfare) Regulations 1992

23. Understanding your responsibilities
The Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995
(RIDDOR)

24. Understanding your responsibilities
These statutes are put in place by
parliament in an attempt to stop accidents
and injury before they happen

25. Understanding your responsibilities
In criminal law, the State must prove its case
‘beyond reasonable doubt’

26. Understanding your responsibilities

27. Understanding your responsibilities
Likely outcomes of a criminal case:
Possible Imprisonment
fines and/or remedial orders

28. Understanding your responsibilities

29. Understanding your responsibilities

30. Understanding your responsibilities
Civil Law

31. Understanding your responsibilities
People injured by the negligence of others
or a breach of statutory duty can seek
compensation for harm

32. Understanding your responsibilities

33. Understanding your responsibilities
• 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

34. Understanding your responsibilities
If the employee played a part in the injury, the
claim may be reduced due
to contributory negligence

35. Understanding your responsibilities
However, if other employees caused the injury,
the employer may still be
ultimately responsible due
to vicarious liability

36. Understanding your responsibilities

37. Understanding your responsibilities
In civil law, the claimant must prove its case
‘on the balance of probabilities’

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

39. Understanding your responsibilities

40. Understanding your responsibilities
1. Who does the court case focus on?
The accused
The injured party

41. Understanding your responsibilities
1. Who does the court case focus on?
The accused The injured
party

42. Understanding your responsibilities
2. What is the main source of this type of
law? Common law precedence
Statute law

43. Understanding your responsibilities
2. What is the main source of this type of
law?
Statute law Common law
precedence

44. Understanding your responsibilities
3. Who makes this kind of law?
Judges
Parliament

45. Understanding your responsibilities
3. Who makes this kind of law?
Parliament
Judges

46. Understanding your responsibilities
4. Who initiates legal proceedings?
HSE or Local Authority
Anyone affected

47. Understanding your responsibilities
4. Who initiates legal proceedings?
HSE or
Local Authority Anyone
affected

48. Understanding your responsibilities
5. What is the most likely outcome for this
case? Compensation payouts
Imprisonment, fines and/or
remedial orders

49. Understanding your responsibilities
5. What is the most likely outcome for this
case?
Imprisonment,
fines and/or
remedial orders
Compensation
payouts

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

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

52. Understanding your responsibilities
7. What is the standard of proof required?
On the balance of probabilities
Beyond reasonable doubt

53. Understanding your responsibilities
7. What is the standard of proof required?
Beyond
reasonable
doubt
On the
balance of
probabilities

54. Understanding your responsibilities
8. Normally, how soon must legal action
start? Three years
Six months

55. Understanding your responsibilities
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)

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

57. Understanding your responsibilities
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

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

59. Understanding your responsibilities
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?

60. Understanding your responsibilities
What are the key parts of a health and
safety management system?

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

62. Understanding your responsibilities
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

63. Understanding your responsibilities

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

65. Understanding your responsibilities
The next step involves planning for hazards,
risks, emergencies and responses

66. Understanding your responsibilities
Then, organise responsibilities, and ensure
each worker is capable of fulfilling them

67. Understanding your responsibilities
Then, organise responsibilities, and ensure
each worker is capable of fulfilling them

68. Understanding your responsibilities
Implement your policy, planning and
organisation by putting it into operation

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

70. Understanding your responsibilities
For accurate records, performance should
be measured both short and long term

71. Understanding your responsibilities
If you find that adjustments are necessary,
you may need to review and improve it

72. Understanding your responsibilities

73. Understanding your responsibilities
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!

74. 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: