IOSH MS Complete Flashcards
Health: was defined by the World Health Organisation (WHO), in 1948 as:
“a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”
Safety: may be considered to be…
the state of being safe, i.e. free from the unacceptable risk of injury, danger, or loss.
Society exerts pressure through three overlapping and interacting spheres of influence…
MoralLegalFinancial
Typical numbers each year Fatal injuries (all workers)
245
Typical numbers each year Notified major injuries (e.g. broken arm or leg)
29 000
Typical numbers each year Reported ‘over 3 day’ injury (unable to do normal work for more than 3 days)
110 000
Typical numbers of cases over recent years Musculoskeletal disorders
540 000
Typical numbers of cases over recent yearsStress, depression and anxiety
420 000
Typical numbers of cases over recent years Breathing or lung problems
38 000
Typical numbers of cases over recent yearsInfectious diseases
37 000
Estimate of deaths each year Occupational cancers (general)
8 000
Estimate of deaths each year Asbestos related cancers
4 000
The HSE estimates that occupational injuries and illnesses cost the UK in the region of…
£20 to £30 billion pounds each year
Financial costs are…
the basic costs incurred to return the situation to what it was before an accident happened.
Opportunity costs (or lost opportunity costs) are…
those incurred through: people stood idle or being unproductive as a result of dealing with the consequences of an accident; and energy costs from plant running idle and buildings being lit and heated.
three methods for quickly and crudely estimating uninsured costs of accidents…
(1) the uninsured costs of an accident are approximately 10x the insurance premiums paid. (2) Uninsured losses from accidents in smaller firms add up to £315 per employee per year (3) The average uninsured cost of an accident causing absence from work is approximately £2100
Average damages for an ELI claim
£7,500
Accident:
an undesired event that results in injury, ill health, or property damage.
Near miss:
an undesired event that had the potential to cause injury, ill health or property damage, but did not.
How do Accidents Happen? 2
Domino theoriesMulti-causality theories
Domino theories of accident causation suggest that
accidents result from a chain of sequential events like a line of dominoes falling over. When one of the dominoes falls, it triggers the next one, and the next, eventually resulting in an accident and injury or other loss.
Domino Theory stages 5
Root CausesUnderlying CausesDirect CausesAccidentLoss
Why Investigate? 10
How and why things went wrong; What really happens and how work is really done; and Any deficiencies in risk control management, enabling improvement going forward. The Management of Health and Safety at Work etc Regulations 1999 (MHSWR) requires employers to plan, organise, control, monitor and review their health and safety arrangements – accident investigation plays an important part in this process; In the case of a civil action, there is a need to make full disclosure of the circumstances of an accident to the injured parties considering legal action. The courts are likely to view a thorough investigation and appropriate remedial action as demonstration of a positive attitude to health and safety; and Insurance companies will also require the findings of the investigation when dealing with a claim. The prevention of further similar adverse events; The prevention of business losses due to disruption, stoppage, lost orders and the costs of legal actions; An improvement in employee morale and attitude towards health and safety as a consequence of positive action; and The development of managerial skills such as problem solving and action planning.
Members of the investigation team will require: 5
Detailed knowledge of the work activities involved; Familiarity with health and safety good practice, standards and legal requirements; Suitable investigative skills (e.g. information gathering, interviewing, evaluating and analysing). Sufficient time and resources to carry out the investigation efficiently; and The authority to make decisions and act on their recommendations.
The Investigation Process 4
Step 1: Gathering Information Step 2: Analysing the Information Step 3: Identifying Suitable Risk Control Measures Step 4: The Action Plan and Implementation
The Investigation Process …Sources of information will include: 3
The sceneThe peopleRelevant documentation
The following accidents must be reported: 7
DeathsSpecified major injuries Over-7-day injuriestaken from the scene of an accident to hospital work-related diseasesDangerous occurrencesdangerous gas fittings
The HSE defines human factors as:
“environmental, organisational and job factors, and human and individual characteristics which influence behaviour at work in a way which can affect health and safety.”
A simple way to view human factors is to think about three aspects:
the individual, the job, and the organisation and how they impact on people’s health and safety-related behaviour.
The Organisation 5
Culture, leadership,resources, work patterns,communications……
The individual 5
Competence, skills, personality.attitudes, risk perception……
The job 5
Task, workload,environment,displays and controls,procedures….
The Confederation of British Industry (CBI) describes the culture of an organisation as:
“the ideas and beliefs that all members of the organisation share about risk, accidents and ill health.”
Some key aspects of an effective culture include: 5
Management commitmentVisible managementGood communicationsActive employee participationEffective health and safety training
Factors Influencing Individual Behaviour 6
Attitudes PersonalityAbilities MotivationPerceptionTraining
People are generally well motivated at work if: 3
they understand the importance of the objectives they are tasked to achieve; the objectives are realistic and achievable; and satisfactory achievement of the objective results in personal fulfilment and/or a tangible reward.
Intentional failures, or deliberate deviation from a rule or procedure, are known as
violations
Unintentional failures are known as
human errors
Active failures
have an immediate consequence and are usually made by front-line people such as drivers, control room staff or machine operators
Latent failures
are distant in time and space from the consequences. They are typically failures in health and safety management systems (design, implementation or monitoring) and are often attributed to designers, decision makers and managers
Violations are divided into three categories:
routine, situational and exceptional
Routine violations occur when
breaking the rule or procedure has become a normal way of working within the work group.
Routine violations can be due to: 5
the desire to cut corners to save time and energy; the perception that the rules are too restrictive; the belief that the rules no longer apply; lack of enforcement of the rule; and new workers starting a job where routine violations are the norm and not realising that this is not the correct way of working
Situational violations occur when
a rule is broken due to pressures from the job such as being under time pressure, insufficient staff for the workload, the right equipment not being available or even extreme weather conditions.
Exceptional violations
rarely happen and only then when something has gone wrong. When solving a problem during an emergency it may be necessary to break a rule, regardless of the risk, because it is believed that the benefits outweigh the risks
Errors fall into three categories:
slips, lapses and mistakes.
Slips and lapses occur
in very familiar tasks which can be carried out without much need for conscious attention. These tasks are called ‘skill-based’ and are very vulnerable to errors if attention is diverted, even momentarily.
Slips
are failures in carrying out the actions of a task. They are described as ‘actions-not-as planned’, e.g. picking up the wrong component from a mixed box, operating the wrong switch, transposing digits when copying out numbers or doing steps in a procedure in the wrong order.
Typical slips might include: 5
performing an action too soon in a procedure or leaving it too late; omitting a step or series of steps from a task; performing the action in the wrong direction (e.g. turning a control knob to the right rather than the left, or moving a switch up rather than down); doing the right thing but on the wrong object (e.g. switching the wrong switch); and carrying out the wrong check but on the right item (e.g. checking a dial but for the wrong value).
Lapses
cause actions to remain undone or workers to lose their place in a task. They can be reduced by minimising distractions and interruptions to tasks and by providing effective reminders especially for tasks which take some time to complete or involve periods of waiting.
Mistakes are
a more complex type of human error where the wrong thing is done in the belief that it is right.
Mistakes may be (2 types)
Rule-based mistakesKnowledge based mistakes
Rule-based mistakes occur
when behaviour is based on remembered rules or familiar procedures. There is a strong tendency to use familiar rules or solutions even when they are not the most convenient or efficient.
Knowledge based mistakes occur
when it is necessary to solve problems from first principles. Misdiagnoses and miscalculations are natural consequences of learning by trial and error.
Health and safety control measures are designed at three levels:
(1) Workplace precautions; (2) Risk control systems (RCS’s); and (3) Management Controls
Workplace precautions are
the primary output of risk assessment and risk control. Workplace precautions are provided at the point of risk to protect people from harm arising from work activity. A guard provided to protect against the moving parts of a machine is an example of a workplace precaution.
RCS’s are
the basis for ensuring that adequate workplace precautions are provided and maintained. Rather than just providing a machine guard and assuming it will work RCS’s are designed to ensure the success of the machine guard. This may involve systems for the design, fabrication and fitting of the guard, operator training in the safe use of the guard, and maintenance arrangements to ensure its ongoing effectiveness.
Management controls are
the key elements of the health and safety management system, the arrangements necessary to plan, organise, control, monitor and review the design and implementation of RCSs.
The key legal requirements for the assessment and management of risk are contained in Regulations 3, 4 and 5 of the Management of Health and Safety at Work Regulations 1999. Regulation 3
Risk Assessment The employer is required to make a suitable and sufficient assessment of: The health and safety risks to which employees are exposed whilst at work; and The health and safety risks to which people other than employees (i.e. visitors, contractors, members of the public etc.) are exposed arising out of or in connection with the conduct of the business.
The key legal requirements for the assessment and management of risk are contained in Regulations 3, 4 and 5 of the Management of Health and Safety at Work Regulations 1999. Regulation 4
Principles of Prevention Any risk control measures required as a result of the risk assessment should be in accordance with the principles of prevention outlined below.
Principles of Prevention 8
Avoid risks Evaluate risks which cannot be avoided Combat risks at source Adapt work to the individual Adapt to technical progress Develop a coherent overall prevention policy Give collective measures priority over individual protective measures Give appropriate instructions
The key legal requirements for the assessment and management of risk are contained in Regulations 3, 4 and 5 of the Management of Health and Safety at Work Regulations 1999. Regulation 5
Health and Safety Arrangements Every employer is required to give effect to appropriate arrangements for the effective planning, organisation, control, monitoring and review of the risk control measures, as appropriate for the nature of the activities and the size of the business.
Three important things are known about probabilities (the likelihood / chance / odds aspect of risk):
There is no such thing as “zero risk”. Whatever a person is doing there is always a risk of injury or death. There is a 1 in 600 chance that a forty year old man will not live to be forty one. However unlikely it is that something could happen it could still happen. There is a 1 in 14 000 000 chance of winning the lottery jackpot in the UK, but most weeks someone wins it. Each individual’s risk (or odds or chance) will vary from the average because of the many variables such as age, gender, location, etc.
The HSE defines a safe system of work (SSW) as:
“a formal procedure which results from a systematic examination of a task in order to identify all the hazards. It defines safe methods to ensure that hazards are eliminated or risks minimised.”
A SSW is required when
hazards can not be eliminated and a degree of risk remains after technical control measures are introduced.
In all cases the SSW should: 5
Consider the preparations and authorisations necessary before beginning work; Ensure the job sequence is logically and clearly planned; Specify safe methods for undertaking specific activities; Specify safe means of access and egress if relevant; and Consider the end of activity tasks such as dismantling and disposal.
Once implemented the SSW will require periodic monitoring to ensure: 3
The system is workable and employees are comfortable following it; The procedures as specified are being followed and are effective; and Any changes to the workplace or work practises that would necessitate a review and reiteration of the SSW are identified early.
Examples of high-risk jobs where a written ‘permit to work’ procedure may need to be used include: 5
hot work such as welding; vessel entry; cutting into pipe-work carrying hazardous substances; and work that requires electrical or mechanical isolation. Also, working at height.
an effective PTW requires systems to ensure correct: 4
Issue by a competent issuing authority setting the parameters of the permit and confirming that precautions are in place; Acceptance by a competent worker (performing authority) confirming understanding of the work to be done, hazards involved and corresponding precautions; Handback of the PTW, by the performing authority, confirming that the work has been completed to plan; and Cancellation of the PTW by the issuing authority confirming the work has been tested and the work area returned to normal use. Additional procedures are required for extension of agreed time limits if necessary and for managing shift handovers.
The following items should be addressed in systems for assuring an effective emergency response. 5
Identification of plausible emergency scenarios through the risk assessment process; Clear identification of roles and responsibilities for those with specific tasks to undertake during an emergency; Communication of emergency procedures to staff and third parties and the organization of appropriate staff training; Regular inspection of emergency equipment to ensure it remains effective and ready for use; and Regular emergency drills with systems in place to identify weaknesses, learn lessons and improve.
Differences between Civil and Criminal Law 7
Civil Law Criminal Law Tort e.g. negligence Crime e.g. breach of Health and Safety at Work Act or specific regulations Offence against individual Offence against society Action taken by injured party Action taken by enforcing authority / Crown Prosecution Service Loss necessary for action Loss not necessary Seeks compensation for loss Seeks to punish for breach of law Liability proved on the “balance of probabilities” Guilt proven “beyond all reasonable doubt” Can be insured against (Employers Liability Insurance is generally compulsory) Cannot be insured against
Someone may be sued for negligence if their careless conduct has injured another. To successfully sue the claimant (injured party) must show that:
- The defendant owed the claimant a duty of care; 2. The duty of care was breached; and that 3. The breach caused the injury or other legally recognised loss.
The “duty of care” is
a duty to take reasonable care to avoid causing reasonably foreseeable harm to persons who might reasonably be expected to be affected by the duty holder’s actions.
Contributory Negligence
arises when the claimants own carelessness, or disregard for personal safety, contributes to the injury or loss which arises partly because of the claimants own fault and partly because of the fault of another (the defendant).
Vicarious Liability
In general terms vicarious liability is a legal liability imposed on one person making them liable for torts committed by another. With regard to a personal injury claim for an accident in the workplace if an employee, acting in the course of normal employment injures another employee the employer will be held vicariously liable for the losses incurred.
Limitations Act 1980
The Limitation Act 1980 sets a time limit for starting proceedings for claiming compensation for personal injury.
General damages –
actual and/or probable loss of future earnings, to be incurred after the case
Special damages –
quantifiable losses incurred before the case, mainly loss of earnings and medical expenses.
The Employers’ Liability (Compulsory Insurance) Act 1969 requires
most employers to have at least £5 million pounds of insurance cover (most policies offer at least £10 million of cover) available for compensation payments to employees injured or made ill as a result of work. The exceptions to the Regulations include businesses with no employees, family businesses and public organisations such as a local authority or NHS Trust.
Section 2(1): HASAWA The employer is required to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all of his / her employees. This duty includes: 5
Provision and maintenance of safe plant and safe systems of work; Safe systems for the use, handling, storage and transport of articles and substances; Information, instruction, training and supervision; Safe place of work with safe access and egress; and Healthy working environment and adequate welfare provisions.
Section 3: HASAWA
The employer must carry out their business in such a way that they do not expose others to risks, so far as is reasonably practicable.
Section 7 – all employees All employees have duties to:
Take reasonable care of themselves and their co-workers; and to Cooperate with the employer.
HASAWA Section 37 –
Directors and Senior Managers Where a company commits an offence as a result of the consent, connivance or neglect of a director or senior manager the individual can be prosecuted as well as or instead of the company.
HASAWA Section 36 –
fault of another person Where an individual commits an offence because of the fault of another (by act or default) the other person may be prosecuted. If a worker commits an offence due to the fault of a manager, the manager may be prosecuted as well as or instead of the worker.
special legal status
In a prosecution for a breach of health and safety law, if it is proved that a relevant provision of the ACoP was not followed; compliance with the law in some other way must be proved.
Levels of legal duty 3
Absolute duties Practicable Reasonably practicable
Absolute duties
Usually preceded by the word ‘shall’ an absolute duty must be complied with. The employer has absolute duties to prepare a safety policy and to undertake risk assessments.
Practicable
If a duty applies so far as is ‘practicable’ it is a less onerous duty than an absolute one. Practicable means feasible in the light of current knowledge and invention, i.e. if it can be done it must be done.
Reasonably practicable
Reasonably practicable requires the degree of risk (likelihood x severity) of a particular activity or environment to be balanced against the costs (time, trouble and physical difficulty) of taking measures to avoid the risk. The greater the risk, the more likely it is that it will be reasonable to go to very substantial expense, trouble and invention to reduce it. If the consequences and the extent of a risk are small, the same substantial expense would be considered disproportionate to the risk and it would be unreasonable to have to incur them to address a small risk. The size and financial position of the employer are not taken into account in consideration of what is ‘reasonably practicable’.
Powers of Inspectors All authorised inspectors have the same powers, regardless of the area of enforcement. Inspectors can: 6
enter any premises which they think it necessary to enter for the purposes of enforcing health and safety law. The power of entry can be exercised without permission or prior notice, at any reasonable time or at any time if dangerous; take a police constable with them if they have reasonable cause for thinking they might be seriously obstructed; take any other person authorised by their enforcing authority, such as a specialist, and any equipment needed; order that areas be left undisturbed; take measurements, photographs and samples, carry out tests on, and/or confiscate articles and substances; and inspect and take copies of relevant documents; seize any article or substance which they have reasonable cause to believe presents an immediate danger of serious personal injury and have it made harmless, by destruction if necessary; and interview and take written statements from anyone they think might give them information relevant to their examination or investigation.
Enforcement Action Inspectors have a range of enforcement options and tools available including:
Informal advice; Improvement Notice; Prohibition Notice; and Prosecution.
An improvement notice may be served
whenever health and safety legislation is being contravened. An improvement notice will specify the breach of legislation and may specify a means of complying. It has to allow a reasonable time (minimum 21 days) to complete any specified works.
A prohibition notice maybe issued when
the inspector considers that there is a risk of serious personal injury. The notice prohibits the carrying on of the work activity giving rise to the risk of injury. If the risk of injury is imminent, the notice must take immediate effect and stop the work activity at once. If not, the prohibition notice is deferred, specifying the time by which the work activity must cease.
Health and safety offences are usually ‘triable either way’, this means
the case may be heard in a magistrates court or a crown court.
maximum sentences for health and safety offences Magistrates Court
Term not exceeding 12 months* and/or Fine not exceeding £20,000
maximum sentences for health and safety offences Crown Court
Term not exceeding 2 years and/or Unlimited fine
There are a number of recognised safety management systems, notably: 2
HSG65 (1997) HSE Guidance on successful health and safety management (2 nd edition) BS OHSAS 18001 (2007) Occupational health and safety management systems – Requirements
Benefits of a safety management system (SMS) 5
Creates a structured management framework to enable action, notably delivering on the policy; Supports and promotes good health and safety practise; Demonstrates compliance with legal and other requirements; Enables integration with other management systems (e.g. for quality, environment, security etc.); and Provides an objective framework for audit.
Safety Management System Components
PolicyPlanningImplementation and Operation Checking and Corrective Action Management Review
Policy
The health and safety policy should establish the overall sense of direction and set the principles of action for the organisation. It should also demonstrate the formal commitment of the organization’s top management, towards good health and safety management and set objectives for levels of responsibility and performance required throughout the organization.
Planning
The processes of hazard identification and risk assessment will need to be applied to determine the controls that are necessary to reduce the risks of incidents.
Implementation and Operation
Resources, Roles and Responsibilities Competence, training and awareness Communication, participation and consultation Documentation and Document Control Operational Control Emergency preparedness and response
Checking and Corrective Action
Performance Measuring and Monitoring A systematic approach for measuring and monitoring health and safety performance on a regular basis is an integral part of an organizations overall management system. Proactive and Reactive measures are required (see Module 8)
Management Review
Management reviews should focus on the overall performance of the Health and safety management system with regard to: Suitability (is the system appropriate to the organizations size and risk profile?); Adequacy (is the system fully addressing the organization’s health and safety policy and objectives?); and Effectiveness (is it accomplishing the desired results?).
In all cases the manager should: 4
Be aware of the relevant hazards and corresponding controls; Ensure that staff understand the nature of the hazards and the reason for providing controls; Monitor the workplace to ensure that workplace precautions, risk control systems and management controls remain effective; and Lead by example, demonstrating expected behaviours.
(1) Access and Egress The Health and Safety at Work Act places a general duty on employers to ensure, so far as is reasonably practicable, a safe means of access to and egress from any workplace This covers the basic means of entering or leaving a workplace, be it an office, factory or construction site including the journey between the site access or staff car park and reception. The following will therefore require consideration: 8
Suitability of external lighting; Conditions of roads and pathways; Provision of signage; Safety of visitors; Safety of disabled persons; Protection of pedestrians from vehicles; Procedures for dealing with snow and ice; and Emergency situations. The general duty also applies to safe means of access to and from specific places of work within the general workplace, e.g. a confined space, work at height such as on a rooftop, or a work vehicle.
(2) Aggression, Bullying and Violence The HSE has defined work-related violence as:
“any incident in which a person is abused, threatened or assaulted in circumstances relating to their work.”
Effects of Workplace Violence For employers 4
Poor morale. Poor corporate image. Difficulty with staff recruitment and retention. Extra costs from absenteeism, higher insurance premiums and compensation payments.
The first stage of a programme for managing workplace violence is
to determine whether or not there is a problem, and if there is to assess the level of risk.
Managing Workplace Violence Control measures will usually involve a combination of measures to: 3
Improve the working environment; Designing the job to reduce risk; and Providing staff with appropriate information and training
ACAS (Advisory, Conciliation and Arbitration Service) has defined harassment, as
“unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment;”
ACAS (Advisory, Conciliation and Arbitration Service) has defined bullying, as applied to sexual orientation, religion or belief and race and ethnic and national origin as:
“offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.”
