NEBOSH NGC1 (element 1) Flashcards
KEY DEFINITIONS:
Health.
Safety.
Welfare.
Health: the absence of disease.
Safety: the absence of risk of serious personal injury.
Welfare: access to basic facilities.
THE BARRIERS TO GOOD STANDARDS OF H and S
Complexity: workplaces can be complex involving many people and many different activities.
Conflicting Demands: example-the need to provide product/service at speed/profit and the need to do so safely and without risk to health.
Behavioural Issues: for varying reasons, people do not always behave the way they are supposed to-by mistake or deliberately.
THE 3 MAIN REASONS FOR AN ORGANISATION TO MANAGE H and S
1) Moral.
2) Economic.
3) Legal.
THE BUSINESS CASE FOR H and S - ACCIDENTS AND ILL HEALTH ARE EXPENSIVE
THE 2 COSTS ASSOCIATED ARE ?…..
1) Direct Costs - the measurable cost of an accident.
2) Indirect Costs - indirect costs are hard to identify and quantify and can be potentially extremely high.
DIRECT COST EXAMPLES
. First Aid . Sick Pay . Repairs to damaged equipment/buildings . Replacement of damaged equipment/buildings . Lost or damaged product . Lost production time dealing with injury . Overtime to make up lost time . Employee rehab costs . Fines - Criminal Court . Compensation . Increased Insurance costs
INDIRECT COST EXAMPLES
. loss of staff for varying reasons - e.g. investigations,
report preparing, hospital visits, court proceedings etc.
. Loss of staff morale - impacts productivity/efficiency
. Any Remedial actions required
. Served Enforcement Notice compliance
. Cost of recruiting/training temp/replacement labour
. Difficulties recruiting new and retaining existing staff
. Loss of client/customer goodwill
. Potential penalty clauses for late completion/delivery
. Damaged business reputation/public image
. Damaged industrial image - industrial action
INSURANCES LEGALLY REQUIRED
Employers’ Liability Insurance -
Employers’ Liability (Compulsory Insurance) Act 1969.
Minimum cover - £ 5 million.
Certificate to be clearly displayed (can be made available in electric form) and produced upon request.
LEGAL FRAMEWORK:
THE 2 TYPES OF LAW ARE ?…..
Criminal Law
Civil Law
CRIMINAL LAW
Punishment of companies/individuals who have broken Statute H and S Law
Action brought by the State.
Intention is Punishment.
No time limit for proceedings to start.
Insurance is NOT available to pay any Fine.
Statute Law is used as the source of law.
Prosecution to prove “Guilt Beyond Reasonable Doubt”
CIVIL LAW
Compensation of people who have been injured or made ill in work related incidents through no fault of their own.
Action brought by the Individual.
Intention is Compensation.
Proceedings to start within 3 years of date of injury.
Insurance IS available to pay the compensation.
Common Law is used as source of law.
Claimants prove cases “On Balance of Probabilities”.
THE 2 SOURCES OF LAW ARE ?…..
Statute Law - made by parliament - Acts, Regulations.
Common Law - made by judges by precedents that they set by their decision making
HSE CAN ISSUE ENFORCEMENT NOTICES OR PROSECUTE IN THE CRIMINAL COURTS:
THE 2 TYPES OF ENFORCEMENT NOTICE ARE ?…..
Improvement Notice.
Prohibition Notice.
IMPROVEMENT NOTICE
Issued where inspector thinks H and S Law is being breached, or a breach has occurred and is likely to be repeated.
Only issued if Inspector DOES NOT believe there is a risk of serious personal injury.
It will state an improvement must be made to meet minimum legal standards, and will impose a timescale the inspector thinks appropriate.
Timescale can be no less than 21 days.
Inspector may state the specific action required and make reference to ACoP’s and Guidance.
It is served on the person in charge of the workplace or activity that is in breach - usually the employer.
Any appeal against the notice must be made within 21 days.
PROHIBITION NOTICE
Issued when the Inspector thinks THERE IS a risk of serious personal injury.
It will state the activity must be stopped until such time as it has been remedied.
No timescale is specified.
Inspector does not need to see a breach of H and S law.
It is served on the person in charge of the workplace or activity that is in breach - usually the employer.
Any appeal against the notice must be made within 21 days.
POWERS OF INSPECTORS - Section 20 HSWA
. enter premises, at any reasonable time.
. take along police officer if they believe they will be
obstructed.
. carry out examinations and investigations.
. direct the premises (in whole or in part) or items within
are left undisturbed.
. take photographs, drawings and measurements.
. take samples of articles, substances and atmospheres.
. dismantle and/or test any item or substance deemed
dangerous.
. take possession of articles or substances for
examination or test, or as evidence in proceedings.
. take statements. Interviewees must answer the
questions and sign the statement of their answers. (not
admissible as evidence against themselves).
. inspect and copy any relevant document.
. receive access to reasonable facilities and assistance
conducting their investigation.
. any other power necessary to fulfil the duty of their
enforcement authority.
. to seize and render harmless any article/substance
giving rise to imminent danger or serious personal
injury.
ENFORCEMENT NOTICE FAILURE TO COMPLY MAXIMUM PENALTIES
Magistrates Court: Unlimited fine and/or 6 months imprisonment.
Crown Court: Unlimited fine and/or 2 years imprisonment
FEE FOR INTERVENTION (FFI)
Allows HSE to recover its costs if it is found a MATERIAL BREACH of H and S Law has occurred
MATERIAL BREACH
A CONTRAVENTION OF H and S LAW REQUIRING THE ISSUE OF:
A notification of contravention*
An Improvement or Prohibition Notice
A prosecution
WRITTEN NOTIFICATIONS MUST INCLUDE ?…..
The law that the inspector’s opinion relates to.
The reasons for their opinion.
Notification that a Fee is payable to the HSE
3 TYPES OF OFFENCE
Summary Offences
Indictable Offences
Triable either way
SUMMARY OFFENCES
Minor offences dealt with in a Magistrates Court.
INDICTABLE OFFENCES
More serious offences. A formal document (the indictment) is drawn up following Magistrate Court hearing.
The case is then heard in Crown Court > Court of Appeal
TRIABLE EITHER WAY
Offences triable in either court, either by the prosecution (gravity of offence being the main influence) or the accused exercising their rite to be tried by Jury.
DEFENCES
Accused can argue, on balance of probabilities, that they had done everything that was practicable, or reasonably practicable in the circumstances.
SECTION 40 HSWA 1974
Usual burden of of proof reversed. The Accused has to prove their innocence - that they had done all that was “reasonably practicable” under the circumstances.
MANSLAUGHTER - INDIVIDUALS AND ORGANISATIONS
Individuals: Gross Negligence Manslaughter - Where their conduct fell well below the standards of a reasonable man.
Max Sentence: Life Imprisonment.
Organisations: Corporate Manslaughter
Max Sentence: Unlimited Fine - Ordered to publicise its offence and/or remedy its management failings.
CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2002
Guilty of offence if the way the organisation managed/organised its activities :-
. caused a death.
. amounts to gross breach of duty of care to deceased.
. if senior management activities were a substantial
.element in the gross breach.
TORT OF NEGLIGENCE - CIVIL LAW
A tort is a civil wrong.
Tort action through Civil Court.
Offence in the context of H and S is NEGLIGENCE.
NEGLIGENCE DEFINITION
A failure to take reasonable care when a duty to do so existed.
TO DEMONSTRATE NEGLIGENCE A CLAIMANT MUST SHOW THAT:
. a duty of care was owed
. the duty of care was breached
. they suffered an injury or loss as a direct result of the breach of duty of care
CONTRIBUTORY NEGLIGENCE
a partial defence against a claim of negligence where A PART OF THE BLAME FOR THE INJURY IS ATTRIBUTED TO SOMEONE ELSE other than the defendant.
VICARIOUS LIABILITY
an Employer can be held liable for the negligent acts (or commissions) of his employees.
SECTION 47 HSWA 1974
a civil action can not employ H and S legislation as section 47 explicitly prevents the HSWA 1974 or Regulations made under the Act from being used for this purpose - Statute Barred.
1 exception - new and expectant mothers. (P 1-17)
TYPES OF COMPENSATION
General compensation:
pain and suffering, loss of amenity, loss of future earnings etc. Court decides amount.
Special compensation:
loss of earnings up to trial date, travel expenses to hospital etc. Claimant to prove amounts
EMPLOYMENT TRIBUNALS
Hear appeals against enforcement notices.
Hear appeals from Safety representatives whose rights have been withheld.
HEALTH AND SAFETY AT WORK ACT 1974
Principal piece of Statute Law regulating H and S in the workplace. The Act creates duty holders and identifies who they owe a duty towards.
EMPLOYER’S DUTY TO HIS EMPLOYEES
To ensure, so far as is reasonably practicable, the Health, Safety and Welfare at work.
REASONABLY PRACTICABLE
A balance between the level of risk and the cost, measured in time, money and effort, of reducing that risk.
SO FAR AS IS REASONABLY PRACTICABLE
Duty holder must assess the degree of risk against the sacrifice involved in introducing control measures to eliminate or control the risk.
Sacrifice can be measured in cost, time and effort.
SHALL
Is an ‘ABSOLUTE’ duty that must be met
PRACTICABLE…..MEANING
Possible to do in the light of current knowledge and invention.
HSWA 1974 (SECTION 2(2)) SPECIFIC EMPLOYER DUTIES (5)
Safe Plant and Systems of work.
Safe Use, Handling, Storage and Transport of articles and substances.
Information, Instruction, Training and Supervision.
Safe Workplace (and safe access/egress to/from it).
Safe Working Environment and Adequate Welfare.
HSWA 1974 (SECTION 2(3)) EMPLOYER DUTIES
Prepare a written H and S policy (legal requirement if 5 or more employees).
HSWA 1974 (SECTION 2(4))
Appointment of safety reps.
HSWA 1974 (SECTION 2(6))
Consult with safety reps.
HSWA 1974 (SECTION 2(7))
Establish a safety committee.
EMPLOYER’S DUTY TO OTHERS (SECTION 3)
Everyone else who is not an Employee (visitors, clients, public etc.).
Ensure H and S.
The duty is qualified by “so far as is reasonably practicable”
CONTROLLERS OF PREMISES DUTIES. (SECTION 4):
Those who have some degree of control over non domestic premises
A Duty to ensure:-
Premises are Safe.
Safe access/egress.
Any plant/substances for use they provide are safe.
DESIGNERS’, MANUFACTURERS’, IMPORTERS’, SUPPLIERS’ DUTIES (SECTION 6)
A Duty to ensure:-
All Articles/Substances are safe to use.
Adequate testing takes place.
End user provided Safe Use Information.
End user provided with revisions of Safe Use Information.
EMPLOYEE DUTIES HSWA 1974 (SECTION 7)
The duty of every employee to:-
Take reasonable care to ensure the H and S of himself, and of others who may be affected by his Acts or Omissions at work.
Co-operate with the Employer to enable compliance with legislation.
EMPLOYEE DUTIES HSWA 1974 (SECTION 8)
No person shall intentionally or recklessly INTERFERE OR MISUSE anything provided in the interests of health, safety or welfare in pursuit of legal requirements.
EMPLOYEE DUTIES HSWA 1974 (SECTION 9)
Employer cannot charge employees for anything done to achieve legal compliance.
EMPLOYEE DUTIES HSWA 1974 (SECTION 36)
Where an offence committed by a company is due to the act or default of some other person (e.g. consultant etc.), that other person may be charged with and convicted of the offence.
EMPLOYEE DUTIES HSWA 1974 (SECTION 37)
Directors and senior managers as well as the company, may be personally liable for breaches of the law.
Directors and senior managers-if they consented, connived or were negligent.
WHAT IS AN ‘ACT’
A Statute Law
i.e. HEALTH ANS SAFETY AT WORK ACT 1974
WHAT ARE ‘REGULATIONS’
Delegated or secondary legislation of/within an act
Add detail to an Act.
i.e. MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999
WHAT ARE ‘ACoPs’
Approved Codes of Practice
ACoPs explain how to achieve the legal standard of the Regulation they accompany.
Have no ‘full legal status’ - instead, special or semi-legal status.
Failure to comply with ACoPs can be used as evidence.
MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999
Place various Duties on an employer.
Employer to make arrangements for H and S management.
Employees are also given Duties.
Higher levels of protection via Risk Assessment Process given to vulnerable groups (the young, expectant mothers, disabled etc.).
MHSWR 1999 EMPLOYER DUTIES
Risk Assessments. Principles of Prevention to be applied. Health and Safety Arrangements. Health Surveillance. Health and Safety Assistance. Procedures for Serious and Imminent Danger. Contact with External Services. Information for employees. Co-operation/Co-ordination where 2 or more employers share a workplace. Information for other workers. Training and Capabilities
RISK ASSESSMENTS
Employer SHALL make suitable and sufficient assessment of the Risks to both employees and non-employees.
Assessment must be Recorded (5 + employees)
Assessment must be reviewed.
PRINCIPLES OF PREVENTION TO BE APPLIED
Any preventive/protective measures must be done so on the basis of PRINCIPLES OF PREVENTION listed in schedule 1 of MHSWR 1999.
HEALTH AND SAFETY ARRANGEMENTS
Arrangements for effective planning, organisation, control, monitoring and review of the preventive/protective measures.
Arrangements must be recorded. (5 + employees)
HEALTH SURVEILLANCE
Ensure employees are provided with appropriate health surveillance.
Usually a requirement of Regs covering a specific hazard (i.e. Control of Noise at Work Regs 2005)
HEALTH AND SAFETY ASSISTANCE
Appoint 1 or more Competent Person to assist in undertaking measures needed to comply with H and S law.
Competent Person - sufficient training, knowledge, experience.
PROCEDURES FOR SERIOUS AND IMMINENT DANGER AND CONTACT WITH EMERGENCY SERVICES
Develop and implement procedures in the event of SERIOUS AND IMMINENT DANGER.
Nominate sufficient competent persons to implement the procedures.
Ensure any necessary contacts with external services are arranged i.e. ambulance, medical, rescue etc.
INFORMATION FOR EMPLOYEES
Health and Safety Risks.
Preventative control measures.
Emergency procedures
CO-OPERATE AND CO-ORDINATE WHERE 2 OR MORE EMPLOYERS SHARE A WORKPLACE
Co-operate/Co-ordinate with other employers to ensure H and S.
Inform other employers of Risks to H and S.
INFORMATION FOR ‘OTHER’ WORKERS
Employer must provide other workers not in his employ information of risks to their H and S, and preventive control measures.
Temp workers must be informed of any qualification and Health Surveillance requirements.
CAPABILITIES AND TRAINING
Take into account the employees capabilities.
Provide H and S training for new workers or if there are new or increased tasks.
EMPLOYEE DUTIES
Use equipment/materials in accordance with any instruction/training given.
Inform Employer of any SERIOUS AND IMMINENT DANGER work situation.
Inform Employer of any shortcomings in his H and S arrangements.
CLIENT SELECTING A CONTRACTOR CAN EXAMINE:-
The H and S Policy of the contractor. E xamples of RA's. Staff qualifications and training records. Membership of professional bodies. Maintenance and testing of plant/equipment records. Names of previous/current clients. Accident history records. Enforcement action records. Adequate resources. Adequate Insurance.
CLIENT MUST MAKE ARRANGEMENTS TO ENSURE SAFE WORKING PRACTICES…TO INCLUDE:
Sign in/out procedure.
Contractor to provide a named foreman.
Site Induction training.
High risk activities - Permit to Work System
CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2015. (CDM REGS 2015)
A framework for the management of construction projects (domestic and non-domestic)
CDM REGS 2015 DUTY HOLDERS
Client Principle Designer Designers Principal Contractor Contractors Workers
NOTIFIABLE PROJECT (FORM F10)
Construction Phase is planned to:-
. last over 30 days work AND involve more than 20 workers at any one time….or….
. involve more than 500 worker days
NOTIFICATION F10 TO DETAIL :-
Site address Brief description of site and works involved Contact details of client Contact details of PD Contact details of PC Planned start date and planned duration Time allowed for planning and prep Estimated Max number of people at work on site.
WHAT IS A CONSTRUCTION PHASE PLAN (CPP)
Is the H and S management plan to be provided by the PC
CONSTRUCTION PHASE PLAN TO INCLUDE :-
Project Description
Management of the work :-
.site rules
.arrangements for cross party co-operation
.arrangements for consultation
.site inductions
.welfare facilities
.fire and emergency procedures
Arrangements for controlling site risks :-
.safety risks (fall prevention etc.)
.health risks (asbestos removal)
HEALTH AND SAFETY FILE
Information for client about new or modified structures
H AND S FILE TYPICAL CONTENT
Brief description of works
Residual Hazards
Key structural principles
Hazardous materials used
Info on cleaning or maintenance materials
Info relevant to dismantling
Nature, Location, Marking of significant services
Info and as-built drawings of the structure and plant and equipment
CLIENT CDM 2015 MAIN DUTIES
ENSURE THAT:- . Competent Designers/Contractors appointed . Adequate pre-construction info given to other duty holders . PD/PC's carry out their duties . HS file is prepared by PC . Suitable welfare provided . HSE notified of Notifiable projects
PD CDM 2015 MAIN DUTIES
ENSURE THAT:-
. Plan, Manage, Monitor, Co-ordinate pre-construct
H and S
. The design eliminates/minimises H and S risks
. Proper communication/co-ordination/co-operation
. H and S file prepared and given to client at job end
. Client advised on bringing together of pre-construct
info useful to designers/contractors
D CDM 2015 MAIN DUTIES
ENSURE THAT:-
. Client aware of his duties under CDM regs 2015
. The design eliminates/minimises H and S risks
. Design info passed onto PD, Client, Contractors
. Communicate, co-ordinate, co-operate with other
designers/contractors
PC CDM 2015 MAIN DUTIES
ENSURE THAT:- . CPP is planned, managed, monitored, co-ordinated . CPP exists and is up to date . Site is secure . Suitable welfare facilities . Site specific induction . Workers consulted on H and S matters
CONTRACTORS CDM 2015 MAIN DUTIES
ENSURE THAT:-
. Client aware of his duties under CDM regs 2015
. Plan, monitor, manage their own work
. Their workers have the skills, knowledge, training,
experience needed
. Provide info, instruction, supervision to workers
WORKERS CDM 2015 MAIN DUTIES
ENSURE THAT:-
. Take reasonable care of their own, and others H and S
. Report anything that could affect their/others H and S
. Co-operate with all other duty holders
EVIDENCE FOR SELECTING A CONTRACTOR
A copy of their H and S Policy
Examples of Risk Assessments
Staff Qualification and Training records
Membership of Profession /Certified Organisations
Plant/Equipment maintenance/testing records
Names of previous/current Clients
Accident history records
Records of Enforcement action
Proof of adequate resources-access to specialist safety advice
Proof of adequate Insurance
