1.1 Foundations Of Health And SAFETY Flashcards
Definition : Accident
An unplanned event that results in damage, loss or harm
Definition : hazard
The potential of something to cause harm
Definition : Risk
The likelihood of something to cause harm
Definition: civil law
Duties of the inviduals to each other
Definition : criminal Law
Duties of indivuals to the state
Definition: Welfare
Provision of facilities to maintain health and wellbeing of people in the workplace (e.g. Washing, sanitary and first aid)
Deifnition: residual risk
Remaining risk after controls applied
Definiton: near miss
Any incident that could have resulted in an accident
Defintion: Dangerous occurence
A near miss that could have led to serious injury or loss of life
Defintion: common law
Law based on court judgements
Defintions: statute law
Law based on Acts of Parliment
Reasons for good health and safety management.
Moral Reasons
Need to provide a reasonable standard of care and ethical reasons to reduce:
- accident rates
- industrial disease and ill health rates
Reasons for good health and safety management
Legal reasons
Employers have a duty to take reasonable care of workers. Poor management can lead to:
- prosecutions
- civil actions - compensation claims
Reasons for good health and safety management
Financial Reasons
Poor health and safety management can lead to
Direct
Indirect costs
Good health and safety management can lead to
A more highly motivated workplace resulting in an improvement in the rare of production and product quality
An improved image and reputation of the organisation with its various stakeholders
Reasons for good health and safety management
Social reasons
Societal expectation of good standard of health and safety.
Duty of care (aspects of civil law)
Costs of accidents and I’ll health
Direct Costs
Insured direct costs include
Claims on employers and public liability insurance
Damage to buildings, equipment, or vechiles
Any attributable production and or general business loss
Costs of accidents and I’ll health
Direct Costs
Uninsured direct costs include
- Fines resulting from prosecution by the enforcement authority
- Sick pay
- Some damage to product, equipment, vechiles or process not directly attributed to the accident (e. G cause by replacement staff)
- Increases in insurance premiums resulting from the accident
- Any compensation not covered by the insurance policy due to an excess agreed between the employer and the insurance company
- Legal representation following any compensation claim
Costs of accidents and I’ll health
Indirect Costs
Insured indirect costs include
A cumulative business loss
A product or process laibilty claims
Recruitment of replacement staff
Costs of accidents and I’ll health
Direct Costs
Uninsured indirect costs include
Loss of goodwill and poor corporate image
Accident investigation time and any subsequent remedial action required
Production delays
Extra overtime payments
Lost time for other employees such as first aider who attend the needs of the injured person
The recruitment and training of replacement staff
Additional administrative time incurred
First aid provision and training
Lower employee morale, possibly leading to reduced productivity
Costs of accidents and I’ll health
Employers laibilty compulsory insurance
Legal requirements for all employers
Covers the employers liability in the event of accidents and work related I’ll health to employees and others who may be affected by their operations
Ensures that any employee who successfully sues his/her employer following any accident is assured of receiving compensation irrespective of the financial position of the employer
Made available either by display or electronically at each place of business
Sub divisions of law
Criminal Law
Enforced by the state to punish individuals and or organisations
Individual is procescuted by an agency of the state I. E. Police, HSE, Local Authorities or Fire Authority)
Indivuals guilty or not guilty
Courts can impose fine or imprisonment
Proof beyond a reasonable doubt
Cannot insure against punishment
Sub divisions of law
Civil Law
Disputes between indivuals and or organisations to address a civil wrong (tort)
Indivuals and or organisations are sued
Individuals are liable or not liable
Courts can award compensation and costs
Proof based on ‘balance of probabilities’
Employers must insure against civil actions (Employers Liability Insurance)
Sources of Law
Common Law
Based on judgements made by judges in courts
Generally courts bound by earlier judgements (precedents)
Lower courts follow judgements of higher courts
In health and safety definitions of negligence, duties of care, and terms such as ‘practicable’ and ‘reasonable practicable’ are based on common law judgments
Sources of Law
Statute Law
Law laid down by Acts of Parliament
Health and Safety at Work Act 1974
Specific duties mainly in Regulations or Statutory instruments
Takes precedents over common law
Employers common law duty of care
An employers has a duty of care to all employees and cannot be assigned to another person.
5 categories:
A safe place of work Inc access and egress
Safe plant and equipment
A safe system of work
Safe and competent fellow employees
Adequate levels of supervision, information, instruction, and training
Employees have a right to not be harmed ina NY way by their work and are expected to take reasonable care in their workplace
Negligence
Lack of reasonable care or conduct resulting in injury damage or loss
It must be reasonably foreseeable that the acts or omissions could result in injury
Negligence claims must be made within a set time
Defenses against negligence claims
A duty of care was not owed
There was no breach of the duty of care
Any breach of a duty of care did not result in the specific injury, disease and/or loss suffered
Partial defenses against negligence claims
Contributory negligence - employee contributed to the negligent act
Volenti non fit injuria - the risk was willingly accepted by the employee
Acts of God, riot, terrorist event
Vicarious laibilty
When the defendant is acting in the normal courts eof his employment during the alleged incident, the defence of the actions is transferred to his employer
Tort of breach of statutory duty
When there is a breach of statutory duty, such as the duties laid down by the HSW Act or its regulations, an individual who has been affected by the breach may pursue a civil action to obtain compensation.
Some parts of the HSW Act itself and its regulations specifically prohibit a civil action following a breach of statutory duty - these breaches are deemed (statue-barred)
Double barrelled action
If an employee suffers an injury at his place of work, he may sue his employer both for negligence and the breach of statutory duty.
Such an action in termed double barrelled action
Levels of Statutory Duty
- ABSOLUTE
- PRACTICABLE
- REASONABLY PRACTICABLE
Describe ‘Absolute’ Level of Statutory Duty
Absolute
The employer MUST comply with the law
Regulations use the verbs must or shall
Describe ‘practicable’ ‘ Level of Statutory Duty
The employer must comply if it is technically possible.
Difficulty, inconvience and cost cannot be taken into account
Describe ‘reasonably practical’ ‘ Level of Statutory Duty
If the risk is compared with the cost time and effort required to further reduce risk then no action is required
Legal framework for the regulation of health and safety
Influence of the EU
- to harmonise health and safety across the member States
- derived from the Treaty of Rome (1957) and Single European Act (1986)
- article 95A (was 100A) health and safety standards for health and safety
- Artle 138A (was 118A) minimum health and safety standards in employment
- European Directives set out the specific minimum aims given area of health and safety
- European Directives must be incorporated into the national law of all member states
- first introduction into UK law was in 1992 with the European Six Pack
- European Court of Justice rules on interpretation of EU law
- European Court of Human Rights (covers a wider area than just the EU interprets the European Human Right Convention)
Health and Safety at Work Act 1974
Based on…
Criminal law based on the recommendations of the Robens Report
Main Recommendations from the Robens Report
- A single Act to cover all the work based general duties
- The act should cover everyone’s affected by the employers undertaking
- Emphasis on management of health and safety including training and supervision
- Encouragement of employee involvement in accident prevention.
- Enforcement should be targeted at ‘self-regulation’ rather than prosecution
Robens Report.
What is it
HSW Act is an ‘enabling act’ allowing regulations to be produced by the HSE on behalf of the Secretary of State with further Acts of Parliament being required.
It contains mainly general duties with specific duties defined in Regulations
Role and Acitivites of the HSE
- Advises on the development of regulation
- enforces health and safety regulations
- provides information to organisation (ACOP, guidance notes, leaflet and other publications, accident and I’ll health statistics)
- Launches national health and safety campaigns on specific topics
- Undertake accident and other investigations
- Offers advice to employers and other on statutory duties
- Takes enforcement action
- Instigates crinimal proceedings and publicises organisations the receive enforcement notices
Regulations of HSW
- State of Law
- Often implement EU Directives
- breaches are criminal offenses possibly leading to enforcement action
- Describe in minimum health and safety standards that need to be achieved
- Usually apply across all organisations but sometimes apply to specific industries
Approved codes of practice (ACOPS)
- Supplementary practical interpretation of regulations that give more detail on the regulatory requirements
- Special legal status _ quasi-legal becuase it may be possible to comply with regulations by some other more effective practice
- ACOPS are legally binding if the particular regulations indicate that they are or if they are quoted in an Enforcement Notice
Guidance of HSW
- 2 forms of guidance legal and best practice. Both avaliable as HSE publications
- Not legally binding
- Gives more information and practical advise than ACOPs
- Also often available as British Standards and as industrial or trade guidance
HSW
Section 2. Duties of employees to employees
General duty ensure as far as is reasonably practicable, the health safety and welfare of all employees
Specific Duties
- Safe plant and systems of work
- Safe use, handling, transport and storage of substances and articles
- Provision of information, instruction, training and supervision
- Safe place of work, access and egress.
- Safe working environment with adequate welfare facilities
- A written safety policy together with organisational and other arrangements (if five or more employees and:)
- Consultation with Safety representatives and formation of safety committees where there are recognised trade unions
HSW
Section 3, Duties of employers to others affected by their undertaking
Others could include contracters, general public, visitors, patients, students
HSW Section 4. Duties of landlords or owners
- Safe access and egress for those using premises
2. Buildings and any equipment supplied with them are safe
HSW
Section 6, duties of suppliers
Suppliers, including designers, of articles and substances for use at work to ensure, as far as is reasonably practicable that:
- Articles are designed and constructed to be safe and without risk to health at all times when they are being set, cleaned, used and maintained
- Substances are similarly safe and without risk to health when being used, handled, stored or transported
- Arrange, where necessary, for suitable testing and examination
- Supply suitable safety information and any revisions to customers
HSW
Section 7, duties of employees
- Take care for the health and safety of themselves and others who may be affected by their acts or omissions
- Co-operate with their employer, as far as is necessary, to ensure compliance with any statutory health and safety duty
HSW
Section 8
No persons to misuse anything provides for health, safety or welfare purposes
HSW
Section. 9
Employees cannot be charged for health and safety requirements
Enforcement of the Act
Powers of inspectors
- Enter premises at any reasonable time, accompanied by a police officer if necessary
- Examine, investigate, and require the premises to be left undisturbed
- Access to all records and other relevant documents
- Take samples, photographs and if necessary, dismantle, and remove requipment or substances
- Seize, destroy and render harmless any substance or article
- Take statements
- Issue improvements and prohibition notices and possibly a formal caution
- Imitate prosecutions
Enforcement of the act
Enforcement noticies
Improvement notice
- Issued for a specific breach of the law
- Appeal with 21 days to an Employment Tribunal - notices suspended until appeal is heard or withdrawn
Prohibition notice
- Issued to halt an activity that could lead to serious injury
- Appeal within 21 days to an Employment Tribunal - notice is not suspended
- Deferred prohibition notice - stops the work activity with a specified time limit
Enforcement of the Act
Work related deaths
- Investigated by the police initially to ascertain whether a charge of manslaughter (or culpable homocide in Scotland) or corporate manslaughter is appropriate
- If there are no such charges, the HSE or Local Authority continues the investgaitgation
The Corporate Manslaughter and Corerate. Homocide Act
An organisation will have commuted the new offence if:
- It owes a duty of care to another person in defined circumstance
- There is a management failure by its senior managers
- It is judged that its actions or inaction amount to a gross breach of that duty resulting in a person’s death
The Corporate Manslaughter and Corerate. Homocide Act
The health and safety duties relevant to the Act are:
Employer and occupier duties Inc the provision of safe systems of work and training on any equipment used
Duties connected with:
- the supply of good ands services to customers
- The operation of an activity ona commercial basis
- Any construction and maintance work
- The use or storage of plant, vechiles or any other item
Role and functions of fire and rescue authority
- Enforces fire safety law
- Undertakes random fire inspections (often to examine fire risk assessments)
- Can issue alteration, improvement and prohibition notices
- needs to be informed during the planning stage of building alterations when fire safety of the building may be affected
Role and functions of the environment agency (Scottish Environmental Agency)
- Responsible for authorising and regulating emissions from industry
- Ensuring effective controls of the most polluting industries
- Monitoring radioactive releases from nuclear sites
- Ensuring that discharges to controlled waters are at acceptable levels
- Setting standards and issuing permits for the collection, transporting, processing and disposal of waste (Inc. Radioactive Waste)
- Enforcement of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
- Enforcement of the waste electrical and electronic equipment (WEEE) Directive and its associated Directives
Role and functions of insurance companies
- Legal requirement for employers to insure against liability for injury or disease to their employees arising out of their employment
- Offer fire and public liability insurance
- Can influence health and safety standards by weighting the premium offered to an organisation against its health and safety
Employer duties and responsibilities
Under the hsw act the employer has a duty to safeguard the health, safety and welfare of :
Employees. Other workers Trianees. Contractors Visitors Neighbour and general public
Employer duties and responsibilities
Key actions required of the employer
- Ensure the availability of competent advice on health and safety matters.
- Obtain current Employers Laibilty insurance and display the certificate
- Compile a health and safety policy and ensure that an adequate health and safety management system in is place
- Ensure that risk assemsnst of all work Palace activities are undertaken and any required controls are put in place
- Provide workforce with health and safety information and training
- Provide adequate welfare facilities
- Consult the workforce on health and safety issues
- Report and investigation some accidents, diseases and dangerous occurances
- Display prominently the health and safety law poster (or supply workers with the appropriate leaflet)
Other employers responsibilities
Visitors and the general public
Possible hazards
- Unfamiliarity with the work place processes
- Lack of knowledge of the workplace layout
- Unfamiliarity with emergency procedures
- Inappropriate ppe
- Inadequate or unsigned walkways
- added vulnerability if young or disabled visitors
Other employers responsibilities
Visitors and the general public
Possible controls
- Visitor identification (badges)
- Routine signing in and out
- Escorted off by a member of staff
- Provision of information on hazards and emergency procedures
- Site rules Inc ppe
- Clear marking of walkways
For night workers
- Clear working times
- if hrs exceed 8 hours per day averages, see if hours can be reduced
- Health checks
- Ensure detailed records of night workers Inc health checks..
- Not involved in work which is particularly hazardous
Employees and agency staff, duties and responsibilities
- Take care for the health and safety of themselves, and others who may be affected by their acts or omissions
- Cooperate with their employer, to comply with any statatory health and safety
- Not to interfere or misuse anything provided in accordance with health and safety legalisation
Duties of self employed
Under the hsw act they are
- Responsible of their own h&s
2.
Ensure that others who may be affected by their undertaking are not exposed to risks to their h&s
Persons in control of premises
The duty of ‘persons in control of non domestic premises’ under Section 4 of hsw extends to
- people entering the premises to work
2. People entering the premises to use machinery or equipment
3. Access to and exit from the premises
4. Corridors, stairs, lifts and storage areas
Directors responsibilies
- H&s arrangements are properly resourced
- Competent h&s advised is obtained
- Regular reports are received on h&s performance
- Any new or amended h&s legalisation implemented
- RA are undertaken
- Regular audits of h&s systems and risk control measures
- Adequate consultation with employees on h&s issues
