1.1 Foundations in H&S Flashcards
1.1 What does the ILO Code of Practice for Ambient factors cover?
Covers the rights of workers. Workers and their representatives should have the right to:
• be consulted regarding any hazards or risks to safety and health from hazardous ambient factors at work;
• inquire into and receive information from the employer regarding any hazards or risks to safety and health from hazardous ambient factors at work, including information from suppliers. This information should be provided in forms and languages easily understood by the workers;
• take adequate precautions, in cooperation with their employer, to protect themselves and other workers against hazards or risks to safety
and health from hazardous ambient factors;
• request and be involved in the assessment of hazards and risks to safety and health from hazardous ambient factors to be conducted by the
employer and/or by the competent authority, and in relevant control measures and investigations.
In accordance with national laws and regulations, workers should have the right:
• to bring to the attention of their representatives, the employer or the competent authority hazards or risks to safety and health from ambient factors at work;
• to appeal to the competent authority if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health at work;
• to remove themselves from danger resulting from hazardous ambient factors when they have reasonable justification to believe that there is an imminent and serious risk to their safety and health. Such workers should inform their supervisor immediately;
• in the case of a health condition, such as sensitization, placing them at increased risk of harm from an ambient factor, to be transferred to alternative work not exposing them to that increased risk, if such work is available and if the workers concerned have the qualifications or can reasonably be trained for such alternative work;
• to compensation if the case referred to above results in loss of employment;
• to adequate medical treatment and compensation for occupational injuries and diseases resulting from hazardous ambient factors at work; and
• to refrain from using equipment or a process or substance which can reasonably be expected to be hazardous, if the relevant information is not available to assess the hazards or risks to safety and health.
1.1 What does the ILO Declaration on Fundamental principles cover?
- Freedom of association and the effective recognition of the right to collective bargaining.
- Elimination of all forms of forced or compulsory labour.
- Effective abolition of child labour.
- Elimination of discrimination in respect of employment and occupation.
1.1 What duties do employees have to H&S?
- take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work;
- comply with instructions given for their own health and safety and those of others and with health and safety procedures;
- use safety devices and protective equipment correctly and not to render them inoperative;
- report forthwith to their immediate supervisor any situation which they have reason to believe could present a hazard and which they cannot themselves correct; and
- report any accident or injury to health which arises in the course of or in connection with work
1.1 What duties and responsibilities do employers have?
(a) To provide and maintain workplaces, machinery and equipment, and use work methods, which are as safe and without risk to health as is reasonably practicable;
(b) To give necessary instructions and training, taking account of the functions and capacities of different categories of workers;
(c) To provide adequate supervision of work, of work practices and of application and use of occupational safety and health measures;
(d) To institute organisational arrangements regarding occupational safety and health and the working environment adapted to the size of the undertaking and the nature of its activities;
(e) To provide, without any cost to the worker, adequate personal protective clothing and equipment which are reasonably necessary when hazards cannot be otherwise prevented or controlled;
(f) To ensure that work organisation, particularly with respect to hours of work and rest breaks, does not adversely affect occupational safety and health;
(g) To take all reasonably practicable measures with a view to eliminating excessive physical and mental fatigue; and
(h) To undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the foregoing clauses.
- a safe place of work, including access and egress;
- a safe system of work;
- safe plant and equipment; and
- reasonably competent fellow employees
1.1 What types of statutory duty are there?
‘Absolute duty’
This is also known as strict liability. There are circumstances when the risk of injury is so high that, unless certain steps are taken, people will be injured. Consequently, Acts and Regulations have recognised these by placing an absolute duty on the employer to take specific steps to control the hazard.
‘Practicable’
Some Regulations specify that steps must be taken ‘so far as is practicable’. To decide on whether the requirement can be achieved, the employer would have to consider current technological knowledge and feasibility (not just the difficulty of the task) and its inconvenience or cost
Reasonable practicability
The concept of ‘reasonably practicable’ lies at the heart of the British health and safety system. It is a key part of the general duties of the Health and Safety at Work etc. Act 1974 and many health and safety regulations.
In practical terms, this means:
• cost – in terms of time, effort, money or inconvenience; and
• risk – in terms of the level of danger involved.
If the cost of implementing a particular safety measure outweighs the benefits of the risk reduction, then it is not ‘reasonably practicable’ to use that risk control.
If the cost of implementing the safety measures are minimal, and, as a result, injuries are likely to be prevented, then it would be reasonably practicable to implement the measures
1.1 What types of legislation are there?
Acts of Parliament
An Act of Parliament usually sets out a framework of principles or objectives, and uses specific Regulations or Orders to achieve these. Most of the laws relating to health and safety at work are contained within a large body of Regulations aimed at specific requirements. An Act of Parliament is therefore the primary or principal legislation, for example, the Health and Safety at Work etc. Act 1974.
Regulations
Regulations made under Acts are secondary legislation; for example, the Management of Health and Safety at Work Regulations 1999 and the Electricity at Work Regulations 1989. Breaches of Acts of Parliament or Regulations are criminal offences for which financial penalties and prison sentences can be imposed by the courts. See Appendix One for a list of the main Regulations that apply to health and safety in the UK.
Health and safety guidance
If you want to know how to drive safely on the roads, you are best to read the Highway Code rather than the Road Traffic Act. The Highway Code has been given ‘special’ legal status and can be used to determine whether a driver is behaving safely on the public highway. A similar principle exists with health and safety codes of practice and guidance.
Approved Codes of Practice
Approved Codes of Practice can supplement Acts and Regulations in order to give guidance on the general requirements set out in the legislation. Failure to comply with an Approved Code of Practice is not an offence itself, but failure is held to be proof of contravention of a requirement to which the Code applies (unless a defendant can show that compliance was achieved in some other equally effective way).
Guidance notes
UK Guidance notes are documents issued by the Health and Safety Executive (HSE) as opinions on good practice. They have no legal force but they will be ‘persuasive’ in establishing the reasonable standards operated in industry.
Industry-specific guidance
Many trade bodies and associations publish guidance to their members. Whilst this guidance is not legally recognised, it can provide a useful insight into what the industry standard may be at a given time.
British / International Standards
Organisations such as the British Standards Institution (BSI) and International Standards Organisation (ISO) publish a wide range of technical standards covering the design of equipment, the testing of materials, and the implementation of management systems.
1.1 What are the differences between criminal law and civil law?
Criminal law Civil law
- regulate crime -resolve disputes of contract
- Punishment -compensation
- Prosecute -sue
- judge and jury -judge sits alone in most cases
- beyond reasonable doubt -balance ofprobability
- Prosecution/defendant -Claimant/defendant
- not insurable -insurable
1.1 What is the European 6 pack directive?
o Management of Health and Safety at Work Regulations
o Provision and Use of Work Equipment Regulations
o Health and Safety (Display Screen Equipment) Regulations
o Manual Handling Operations Regulations
o Personal Protective Equipment Regulations
o Workplace (Health, Safety and Welfare) Regulations.
1.1. Name the 4 groups that standards can be divided into?
- Guiding policies for action
The Occupational Safety and Health Convention 1985 (no. 155) and its accompanying Recommendation (no. 164) emphasise the need for preventative measures and a coherent national policy on occupational safety and health, as well as stressing employers’ responsibilities and the rights and duties of workers. - Protection in given branches of economic activity
The Safety and Health in Construction Convention 1988 (no. 167) and its accompanying Recommendation (no. 175) stipulate the basic principles and measures to promote safety and health of construction workers. - Protection against specific risks
The Asbestos Convention 1986 (no. 162) and its accompanying Recommendation (no. 172) gives managerial, technical and medical measures to protect workers against asbestos dust. - Measures of protection
The Migrant Workers (Supplementary provisions) Convention 1975 (no. 143) aims to protect the safety and health of migrant workers.
1.1 What are labour standards?
International labour standards are an essential component in the international framework for ensuring that the growth of the global economy provides benefits to all. The Standards consist of international conventions and recommendations drawn up by representatives of governments, employers and workers from around the world, covering all matters related to work.
The standards have grown into a comprehensive system of instruments on work and social policy, backed by a supervisory system designed to address all sorts of problems in their application at the national level. They are the legal component in the ILO’s strategy for governing globalisation, promoting sustainable development, eradicating poverty, and ensuring that people can work in dignity and safety. International labour standards are legal instruments drawn up by the ILO’s constituents (governments, employers and workers), setting out basic principles and rights at work.
They are either Conventions, which are legally binding international treaties that may be ratified by member states, or Recommendations, which serve as non-binding guidelines. In many cases, a Convention lays down the basic principles to be implemented by ratifying countries, while a related Recommendation supplements the Convention by providing more detailed guidelines on how it could be applied. Recommendations can also be autonomous, i.e. not linked to any Convention.
Conventions and Recommendations are drawn up by representatives of governments, employers and workers and are adopted at the ILO’s annual International Labour
Once a standard is adopted, member states are required under the ILO Constitution to submit them to their competent authority (normally the parliament) for consideration. In the case of Conventions, this means consideration for ratification. If it is ratified, a Convention generally comes into force for that country one year after the date of ratification.
1.1 Name some insured and uninsured costs?
Insured costs Covering injury, ill health, damage Uninsured costs Product and material damage Plant and building damage Tool and equipment damage Legal costs Expenditure on emergency supplies Clearing site Production delays Overtime working and temporary labour Investigation time Supervisors’ time diverted Clerical effort Fines Loss of expertise / experience
What kinds of law are relevant to H&S?
In 1919, the signatory nations to the Treaty of Versailles created the International Labour Organization (ILO) in recognition of the fact that ‘conditions of labour exist involving such injustice, hardship and privation to large numbers of people.
The ILO formulates international labour standards and attempts to establish minimum rights including freedom of association, the right to organise, collective bargaining, abolition of forced labour, equality of opportunity and treatment and other standards that regulate conditions across all work related activities.
Representatives of all ILO Member States meet annually in Geneva for the International Labour Conference, acting as a forum where social and labour questions of importance to the entire world are discussed. At this conference, labour standards are adopted and decisions made on policy and future programmes of work. The ILO has 178 Member States but if a country is not a member, the ILO still has influence as a source of guidance.
1.1 Why should organisations attempt to prevent accidents from ocurring?
Moral
All of us have a general moral duty of care to each other. No one likes to see other people being injured, made ill or affected by anything that is dangerous. A responsible employer would expect that their employees can work safely and not be affected by their work – and that at the end of the day, the employee will return home in the same condition in which he arrived to work.
This moral duty also extends to any other people who may be affected by the workplace or activities carried out (e.g. contractors, visitors and members of the public). Furthermore, the duty extends to protecting the environment
Legal
Health and safety legislation affects all organisations. If something goes wrong, there is always the potential for someone to be prosecuted. Prosecution results in a court appearance, and if found guilty, a fine may be imposed.
Employers also have a general duty of care to protect employees and other persons from hazardous activities in the workplace. If an employee is injured as a result of the work that is carried out, the employee may be entitled to make a claim against the employer for compensation.
Financial
Paying fines imposed by the courts and settling compensation claims are two obvious costs. But there will be additional costs that are often not so easy to see: lawyers’ fees, specialist reports, experts’ opinions, and the cost of having people working on the case and not doing their normal duties, will almost certainly have to be met.
Adverse publicity can also seriously affect the organisation in terms of image, public relations, loss of customers, loss of potential orders, etc.
1.1 Define near misses?
What about events where no one has been injured? Near misses often go unreported. The fact that no one has been injured, or nothing has been damaged, is pure luck. Next time the near miss may result in someone being injured – the near miss has now become an accident.
All organisations will have ‘near misses’; however, many fail to understand their importance. Near misses act as an early warning that things are wrong.
1.1 Accidents do not always result in a direct injury. What others may there be?
Occupational diseases
Diseases such as asbestosis and vibration white finger may take many years to develop, and noise-induced hearing loss is caused by exposure to high noise levels over a number of years.
Whilst they are not directly attributable to an accident, such conditions will have been caused by something in the workplace affecting the individual who is now suffering.
