H&S

Question 1

How can you be prosecuted in the UK?

Answer 1

• Criminal – no insurance possible. About proving guilt beyond reasonable doubt.
• Civil – can be insured against. Lower onus of proof. About liability and duty of care.
• HSE – have more powers than the police. Granted to them under the H&S at Work Action 1974.

Question 2

H&S Law & Hierarchy

Answer 2

Acts – Health and Safety at Work Act 1974.
* Primary legislation – passed by parliament
* Highest legal standing
* Lowest level of detail
* Often what you will get prosecuted on

Regulations:
* Secondary legislation – delegated legislation (under rules of primary)
* See list below

Approved code of practice:
* Approved by the HSE, with the consent of the Secretary of State.
* It gives practical advice on how to comply with the law.
* If you follow the advice you will be doing enough to comply with the law

Guidance and standards:
* Also published on HSE website.
* Can encompass other standards.
* Lowest legal standing
* Greatest level of detail

Question 3

General duties of an employer?

Answer 3

It shall be the duty of every employer to ensure the health, safety and welfare at work of all his employees, so far as is reasonably practicable,

Section 40 – onus of proof:
it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done

As far as reasonably practical:
Risk vs Effort & Cost & Time

Question 4

Management of Health and Safety at Work Regulations 1999

Answer 4

• Undertake risk assessments to ID hazards to employees and those affected by a work activity
• Outline general principles of preventions / hierarchy of risk control
• H&S training for staff

Question 5

Workplace (Health, Safety and Welfare) Regulations 1992

Answer 5

Used to provide standards for site cabins, number of toilets, facilities etc

Question 6

RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

Answer 6

• requires employers to report and keep records of work-related:
• accidents which cause deaths
• accidents that cause certain serious injuries (reportable injuries)
• diagnosed cases of certain industrial diseases; and
• ‘dangerous occurrences’ (incidents with the potential to cause harm)

Question 7

What incidents are RIDDOR reportable?

Answer 7

• Death
• Specified injuries (fractures not to fingers, thumbs, toes / amputations / burns to more than 10% of body)
• 7 consecutive days off work / not performing regular duties
• Injury to non-workers eg public

Question 8

LOLER

Answer 8

Lifting Operations and Lifting Equipment Regulations 1998

• Where you undertake lifting operations involving lifting equipment
• plan lifts properly
• use people who are sufficiently competent and supervise them appropriately
• ensure lifting is carried out in a safe manner
• Equipment covered by PUWER and Supply of Machinery (Safety) Regulations 2008

Question 9

COSHH

Answer 9

Control of Substances Hazardous to Health Regulations 2002
* finding out what the health hazards are
* undertaking and implementing outcomes of risk assessments (control measures)
* training and monitoring of health
* planning for emergencies.
* Doesn’t cover – asbestos, lead, radioactive substances (separate regulations?

Question 10

Control of Asbestos Regulations 2012

Answer 10

• Asbestos can be left in place if in a good condition
• Duty to manage – known asbestos must be recorded, monitored, and managed to ensure it remains undisturbed. Risk assessments used as apart of this.
• Identify the presence of asbestos and undertake a risk assessment when doing construction work
• Requirement for a licensed contractor to undertake work with asbestos (not all work requires this, but most does)
• Limiting amounts of airborne asbestos (0.1 fibres / cm3)
• Mandatory training for those who may come in contact with asbestos

Question 11

PUWER – Provision and Use of Work Equipment Regulations 1998

Answer 11

• suitable for the intended use
• maintained and inspected
• used only by people with adequate training
• suitable health and safety measures, such as protective devices and controls (guarding, emergency stop devices, isolation visible markings and warning devices)
• work equipment is subject to other legislation (e.g. lifting equipment to LOLER)

Question 12

Working at Height Regulations 2005

Answer 12

• Employers must make sure work is properly planned, supervised and carried out by competent people.
• The right type of equipment is used for working at height.
• Employers must first assess the risks – apply the principles of prevention

Question 13

Personal Protective Equipment at Work Regulations 1992

Answer 13

• Employers need to ensure PPE is properly assessed before use to make sure it is fit for purpose, is maintained and stored properly, provided with instructions on how to use it safely.
• Employers must ensure workers have sufficient information, instruction and training on PPE use.

Question 14

Manual Handling Operations Regulations 1992

Answer 14

• Sets out a clear ranking of measures for dealing with risks from manual handling, these are:
  1. Avoid;
  2. assess any hazardous manual handling operations that cannot be avoided;
  3. reduce the risk of injury so far as is reasonably practicable

Question 15

What is the role of a Client?

Answer 15

• appoint other duty holders
• ensure sufficient time and resources are allocated
• prepare and provide relevant information to other duty holders
• ensure the principal designer and principal contractor carry out their duties
• ensure welfare facilities are provided

Question 16

What is the role of a PD?

Answer 16

• ASSIST Client with setting up project and collecting Preconstruction information
• COORDINATE Pre construction phase
• PROVIDE information to all
• ENSURE designer complies with duties and cooperates with others
• PREPARE H&S file
• LIAISE with Principal contractor

Question 17

What is the role of a Designer?

Answer 17

• Check client aware of duties
• Check own competence
• Provide others with information
• Prep and modify design, apply Principles of Prevention (DHEMR) – ERICPD
• Produce PCI & H&S file

Question 18

What is the role of a PC?

Answer 18

• Liaise / cooperate with Client, PD and Designer
• Prepare CPP
• Manage construction phase
• Ensure welfare provision, provide induction, secure site,
• Appoint & manage contractors
• Contribute to H&S file

Question 19

What is the role of a Contractor?

Answer 19

• Plan manage and monitor construction works under their control
• Ensure employees have suitable skills, knowledge and training
• Provide appropriate supervision, instruction, and information:
  o Inductions
  o H&S procedures
  o identify key risks
• Cannot begin work until the site is secured

Question 20

What is the role of a worker?

Answer 20

• should be consulted about matters which affect their health, safety and welfare
• take care of their own health and safety, and of others who might be affected by their actions
• report anything they think is unsafe
• cooperate with their employer, fellow workers, contractors and other dutyholders

Question 21

When is a project notifiable?

Answer 21

• Lasts longer than 30 working days and has 20+ workers working simultaneously at any point.
• Exceeds 500 person days.
• CDM 2015 applies whether the project is notifiable or not!

Question 22

PCI – Preconstruction Information

Answer 22

• Information already in the client’s possession or reasonably obtainable
• Client is the main duty holder.
• Principle designer should:
  o Assess the adequacy of information and identify gaps
  o Provide advice to client on how gaps can be filled
  o Help fill the gaps
• Should be provided to all designers / contractors as soon as possible

Question 23

CPP – Construction Phase Plan

Answer 23

• Contents:
  o Outlines the H&S arrangements:
   Inductions
   Welfare facilities
   Fire and emergency procedures
   Site rules
  o Specific measures for work involving particular risks
• Prepared by PC with assistance from other duty holders as necessary
• Client needs to ensure one is prepared

Question 24

Principles of Prevention

Answer 24

o Eliminate – don’t work at height
o Reduce or substitute – work from height less (i.e. reduce maintenance requirements)
o Isolate – install a safety barrier, move them further away from noise
o Control (engineering controls) – organizational and technical controls. Safe systems of work, procedures, training, supervision. Reduce numbers and duration of exposure. Machine guards, safety devices and tools to carry out the task
o PPE – wear a fall arrest
o Discipline – Make sure all controls and monitored, reviewed, and enforced

Question 25

3 pillars of H&S

Answer 25

• Moral – To be safe and healthy is the most fundamental right. 70% of incidents could be prevented with good management.
• Legal – mandated by criminal law. Cannot be insured against. Directors and employees can receive prison sentences and fines.
• Economic:
  o Direct costs – civil lawsuits (size of fine is dictated by company size, culpability, and harm). No maximum fine. Can be insured against.
  o Reputational cost (loss of work)
  o Safer environment motivates the workforce, less absenteeism, improved quality and speed of work

Question 26

Risk Assessments

Answer 26

• Hazard – something that has the potential to cause injury or illness
• Risk – likelihood that someone could be harmed and how seriously. Formed from 2no parts:
  o Severity
  o Likelihood
• Key parts:
  o Identify a hazard and who might be harmed
  o Assign a risk – based on severity and likelihood
  o Apply mitigation / control measures – ERICPD
  o Revaluate the risk
  o Assign actions (i.e. all site visitors to do X, contractor to do Y)
  o Pass on residual risks – COMMUNICATE

Question 27

On site H&S requirements

Answer 27

• Take 5
• Always have a briefing
• Speak up
• Be fit for work

If anything changes, stop work.
Always follow the Risk Assessment & Method Statement (RAMS)
Ensure you have a permit to work – aka, shows you are allowed to do certain work (permit to dig)
Regular emails giving briefings on safety incidents and lessons learnt / how to prevent them in future

Question 28

How often should lifting thorough examinations take place?

Answer 28

Accessories - 6 months
equipment lifting people - 6 months
equipment -12 months