element 2 nebosh igc 1

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Lesson: - HEALTH & SAFETY FOUNDATIONS

Health and safety foundations

Unit 1: Health and safety foundations

11 O!e"all ai#s

On completion of this Element, candidates will understand:

• the scope and nature of occupational health and safety• the moral, legal and economic reasons for promoting good

standards of health and safety within an organization• the role of national governments and international bodies in

formulating a framework for the regulation of health and safety• the basis of a system for managing health and safety• the costs of failing to manage health and safety.

1$ S%eifi intended lea"nin' outo#es

The intended learning outcomes of this Element are that candidateswill be able to:

1.1 eplain briefly the moral!social, legal and economic bases formaintaining good standards of health and safety

1." outline the roles and responsibilities of employers and workers

1.# identify sources of information on health and safety

1.$ outline the key elements of a health and safety managementsystem.

1$1 Sou"es of "efe"ene

%uidelines on Occupational &afety and 'ealth (anagement &ystems)*+OO&' "--1 *+O+E/ )*+O database of *nternational +aw

Occupational 'ealth and &afety 0ssessment &eries )O'&0& 1---:Occupational 'ealth and &afety (anagement &ystems )O'&0&1--1!1--", 2&*

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Occupational &afety and health 3onvention )3144 *+O

Occupational &afety and health 5ecommendation )516$ *+O

1$$ (eo##ended tuition ti#e

5ecommended tuition time for this unit is not less than hours. 7ehave allowed 46 hours study this week, as such, this unit will concludenet week.

Lesson:- Health & Safety Foundations

1) An int"odution to health and safety

7e fre8uently find ourselves being assured by business leaders andpoliticians that our health and the environment are being protected, thatpeople wiser than ourselves have assessed the risk and concluded thatsome product or activity was 9safe9. 7hether it is madcow disease,geneticallymodified organisms, new chemicals, or drinking water, we areaccustomed to being told that our worries are groundless. 0nd in truth,that is what most of us want to believe.

et history has shown that humans are not all that good at assessing risks.Time after time the hazards of new technologies and products have beenpoorly understood at first, underestimated when the knowledge started tobecome available, and responded to too late. Tobacco, asbestos, vinylchloride, many pesticides even technologies such as the automobile orthe computer all were initially proclaimed 9safe9 and all were stronglydefended even after information on their risks became impossible toignore.

*n some of the disasters recounted below, a risk assessment had actuallybeen done, but the wrong conclusions were reached. *n other cases, thereis no evidence that a risk assessment or an other attempt to ;udge thedanger was made, however they stand as eamples of the generalinsufficiency of information before the fact< and the fallibility of humans inunderstanding and utilizing even that information which is available.

The *ron 5ing and Engineering 'istory =oor design and careless use ofhumanmade products is the cause of many accidents and 8uite a few

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spectacular disasters. *n every case, the risk was believed to be low.

*n 3anada it is a tradition for many engineers to wear an iron ring. The iron

ring was intended to be a symbol of the engineers> pride in their professionas well as a reminder of their fallibility, and the conse8uences of theirfailures. The first iron rings were supposedly handed out in a ceremony atthe ?niversity of Toronto in 1@"4. *t was rumoured that the rings weremade of iron from the remains of the Auebec 2ridge , above Auebec 3ity .One of the spans fell into the &t. +awrence river in 1@-B killing B4 workers.The span had been lengthened without allowing for the increased strain.Then, in 1@16 the centre span fell killing another 1# people. 'ere are a fewother notorious humanmade disasters, in alphabetical order:

2hopal , *ndia , 1@$. Over ",--- deaths and thousands more in;ured, manypermanently, when piping systems failed at a pesticides plant. (ethylisocyanate was released when water was added to a storage tank. 0mongthe safety systems that were underengineered or out of service at thetime were a refrigeration system )shut down for cost reasons, a hightemperature alarm )set too high, a scrubber system )undersized and underrepair and the flare system )disconnected. =lant understaffing was alsoimplicated. The company suggested that the water may have beendeliberately added by a disgruntled employee. 'owever, low pay may alsohave contributed to the scale of the disaster in another way, by

encouraging the establishment of a densely populated shanty townad;acent to the plant.

The space shuttle 3hallenger blew up on Canuary ", 1@6 when >O>ringsfailed. &even astronauts were killed. Design problems with the >O>rings hadbeen identified prior to the disaster but had not been corrected. 0 riskassessment had concluded that the margin of safety was sufficient.

3hernobyl in history>s worst nuclear accident, the umber $ reactor inthis aging nuclear comple near Fiev , ?kraine , eploded on 0pril "6, 1@6

at 1:"1 0( . &taff had been conducting tests on the reactor>s safety systemsat the time of the eplosion. The reactor design had been criticized bynuclear eperts from around the world. 0bout thirty to forty times theradioactivity of the bombs dropped on 'iroshima and agasaki at the endof the second world war was released. The &oviet government did not atfirst admit to a problem, and local residents first heard of a problem innews broadcast from &weden . Thirtyone people died immediately,hundreds of thousands of people were relocated, entire cities wereabandoned. Ten thousand people still live in 3hernobyl and # million peoplestill live in zones considered >contaminated>. ?nknown numbers of people

will eventually die of cancer as a result of 3hernobyl < possibly numbering

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*ra8 mercury disaster *n 1@B", at least $4@ people were killed)estimatesare over 4-- and over 6,4-- were hospitalized in *ra8 after ,--- tonnesof wheat and barley, intended as seed for planting only, was instead

distributed to villagers and ground for flour. 7arning labels on the bags ofgrain were in English only. (ethyl mercury concentrations in the breadbaked from the flour were estimated to average approimately @milligrams per kilogram)mg!kg or @ ppm. The mercury based fungicidewhich had been used to treat the seed grain, had already been banned inthe ?.&. at the time of the disaster.

Tacoma arrows 2ridge , Tacoma 7ashington , ?&0 . Haulty design failed totake into account the effect of wind. The bridge crossed the =uget &oundinlet, which with its mountainous sides, acts as a wind tunnel. The bridge

began to oscillate or>gallop> in the wind until it eventually tore itself apartand collapsed, only a few months after it was built, on ovember B, 1@$-.

Thalidomide This drug, prescribed to pregnant women to combat >morningsickness> was introduced in 1@4B and used until it was banned in the early1@6-s. *t produced 9an estimated 1-,--- children but probably many more born throughout the world as phocomelics, deformed, some with finlikehands grown directly on the shoulders< with stunted or missing limbs<deformed eyes and ears< ingrown genitals< absence of a lung< a great manyof them stillborn or dying shortly after birth< parents under shock,

mothers gone insane, some driven to infanticide9 according to 'ans 5uesch,medical historian. *nade8uate prerelease safety testing and a tendency toignore warning signs contributed to the scale of the tragedy. *n the 1@@-s,thalidomide>s reputation has undergone something of a rehabilitation andmany researchers believe that it may be valuable in the treatment of somedisabling diseases. The ?.&. Hood and Drug 0dministration )HD0 hasrecently approved its use for research purposes. The fear of many is that ifthalidomide is re allowed for even these diseases, despite precautions, itis only a matter of time until a pregnant woman is given thalidomide.

Titanic. 0t "."- am on (onday 0pril the 14th 1@1" , Titanic disappearedunder the 0tlantic , ;ust off the %rand 2anks , not to be seen again byhuman eyes for another B# years. =erhaps the most famous, although notthe most deadly, humanmade disaster of all time. Ecessive pride in the>unsinkable> design prompted the owners and crew to race the Titanic, onher maiden voyage, at high speeds across the orth 0tlantic in icebergseason. 7hen the Titanic struck an iceberg, substandard steel rivetsshattered and steel plates buckled, breeching more watertightcompartments than the designers had ever considered a possibility.*nsufficient numbers of lifeboats, )after all, who would need them on an

unsinkable shipI incompletely loaded, resulted in the deaths of about two

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thirds of the approimately ","-- people on board, a total of 1,4-- people.

7est %ate 2ridge , (elbourne 0ustralia , 1@B-. 7hen construction crews

had difficulty connecting two poorly fitted sections, the bolts at the endsof the bridge were loosened in the hopes of allowing enough >give> for thesections to be ;oined. *t was felt that the risk of this procedure was low.The idea was a bad one: the end bolts failed and one section fell to theground, killing #4 workers.

angtze Dam 2ursts On 0ugust B, 1@B4 , following heavy typhoon rains, aseries of 6" dams on the angtze 5iver burst in se8uence, initiated by thefailure of two ma;or dams. 7eather conditions )which might have beenanticipated, difficult geology, poor engineering )there were insufficient

means to release ecess water and poor maintenance )a large damre8uires constant care and repair contributed to the disaster. 7ithin thefew hours tens of thousands of people died. 'undreds of thousands moredied in the following months due to disease and starvation. 0lthough poorlyreported in the 7est, this may have been the greatest humanmadedisaster in history. Today, 3hina plans to build a new mega dam called>Three %orges> on the angtze river . 2esides the environmental disruptionit will cause, Three %orges has been criticized as badly underfunded andsituated on a fault line.

usho =oisoning *n 1@6, more than one thousand people in western Capanbecame seriously ill after eating food that was cooked in rice oil,contaminated with polychlorinated biphenyls )=32s. The source of the=32s had been leaking =32 containing e8uipment in the factory where therice oil was produced, so that it mied with the rice oil during themanufacturing process. Their symptoms included fatigue, headache, cough,numbness in the arms and legs, and unusual skin sores. =regnant womenlater delivered babies with birth defects. 0nother similar incident ofmassive human eposure to =32s occurred in Taiwan in 1@B@.


1* +o##on safety te"#inolo'y

On a day to day basis, we will all use common safety terminology, for eample:

J'e took a "is, overtaking on the bendK.

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J7atch yourself out there, that pathway is a real haa"dK.

JThat leaning wall looks really dan'e"ousK.

*n occupational health and safety, the words hazard, risk and danger)ous havewelldefined meanings. 'azards are associated with degrees of danger and are8uantifiable in units ranging from slightly hazardous through to very hazardous.(is,s, on the other hand, should be thought of in terms of JchancetakingK andcan be run either after careful consideration or out of ignorance. Obviously, weare concerned with the former option in order that the results should befortuitous rather than disastrous or anything in between. Dan'e" is the essence ofa hazard, and a "is, is ta,in' a hane .ith "e'a"d to that haa"d. 5isk(anagement, therefore, lies in ensuring that the risk taken is well thought out,

with regard to all likely conse8uences, and is controlled.

The usual definitions used in risk management are:

'azard The potential to cause harm<

5isk The likelihood of the hazard occurring<

=recaution &tep taken to reduce the risk of a hazard occurring to an acceptable

level<

*n;ury The result of a hazard occurring to a person<

Damage The result of a hazard occurring to a thing.

(is, /ana'e#ent: Hrom these considerations, we can formulate a definition ofJ5isk (anagementK which E2O&' utilises:

JLthe identification, analysis and degree of control exercised of risks whichhave the potential to threaten the assets or wellbeing of an enterprise. Controlimplies both the physical and financial steps which may eliminate, reduce or transfer the risk.K

5isks must be reduced to JacceptableK levels if they cannot be avoided ordevolved, which begs the 8uestion, J0cceptable to whomI Employees workingwith the riskI &hareholders concerned with financial returnsI &afety officersinvolved with the riskI &ociety which benefits from the risks being runIK

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(is, +ont"ol /easu"es: 'aving identified the hazards, measured their effect onthe company and worked out some kind of priority, we now have to do somethingabout it. *n practice we probably carry out each stage at the same time:

identification, assessing and controlling.

One way of listing priorities is to consider the choice as being between threealternatives:

• 0 technical or engineering solution, where we control or eliminate thehazard by designing a new machine or process, or producing some guardingmeasure.

• 0 procedural solution, where we devise a safe method of work, issue ;obinstructions, introduce permits to work, or restrict a task to certain

operators.• 0 behavioural solution, which involves education and training of operatives,

putting up notices and signs and generally making employees aware of therisks.

0s you work through this E2O&' study material you will find that these termsrisk, hazard and danger occur 8uite fre8uently and, naturally, we try to beconsistent in the way we use them.

Haa"ds: 0s already stated, a hazard is something with the potential to cause

harm. 7e must consider the types of hazards that may be encountered in worksituations and classify them according to the dangers they present or, moreprecisely, the harm that would result if they were realised. The chief eaminerfor risk management in the E2O&' Diploma eamination provided the followinglist in a set of guidance notes:

• =hysical hazard, for eample:o 5epetitive strain in;urieso 2eing struck by an ob;ect

•

3hemical hazard:o 3ontact with acids or alkaliso 3ontact with asbestos

• 2iological hazard:o 3ontagious diseaseo 'earing loss due to noise

• =sychological hazard:o Hear of unemployment

o +ack of motivation

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o 'arassmento Disaster at home or at work

?nder each heading physical, chemical, biological, psychological we have

given eample)s which would manifest themselves in the long term andeample)s which would become manifest in the short term. 7hich are whichI

'azards which represent an immediate danger:

• =hysical: being struck by an ob;ect• 3hemical: from contact with acids or alkalis• 2iological: contagious disease• =sychological: disaster at home or at work

'azards which could manifest themselves in the long term are:

• =hysical: repetitive strain in;uries• 3hemical: from contact with asbestos• 2iological: hearing loss due to noise• =sychological: fear of unemployment, lack of motivation,

harassment

Othe" te"#s that we will discuss further in this course, include:

Dan'e"ous Ou""enes - these are events or situations that could harmemployees at work in such a way that there is a legal re8uirement to reportthem. *f something happens which does not result in a ma;or in;ury, but clearlycould have done, it may be classed as a dangerous occurrence.

Nea" /isses - these are any form of accident which could result in in;ury or lossbut do not.

0o",-"elated ill-health - The definition of workrelated illhealth used by the'ealth and &afety Eecutive is 9any illness, disability, or other physical problem

which reduces, either temporarily or permanently, the functioning of anindividual and which has been caused, in whole or part, by the working conditionsof that individual9.

7orkrelated illhealth is usually due to eposure to the causal agents over some,often lengthy, period and not to the conse8uence of a discrete event. =roblemssuch as dermatitis and musculoskeletal disorders usually develop during eposurebut others, particularly workrelated cancers, affect individuals many years aftereposure has ceased.

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uestion 11

The definition of a 'azard isIThe likelihood of the hazard occurring

&omething 5isky

The steps taken to reduce the risk of a hazard occurring to an acceptablelevel

&omething having the potential to cause harm


uestion 1$

0n eample of a hazard which represents an immediate danger isI

being struck by an ob;ect

repetitive strain in;uries

hearing loss due to noise

contact with asbestos


12 The #o"al3 le'al and finanial a"'u#ents fo" #aintainin' 'oodstanda"ds of health and safety

*n short, arguments for good management of health and safety include:

• (oral: ethical and responsible behaviour• Hinancial: the costs of in;uries and illhealth• +egal: criminal and civil liability

7e will now discuss these further.

121 The #o"al a"'u#ents fo" #aintainin' 'ood standa"ds of healthand safety

Every year in the ?F alone, about $-- people are killed in accidents

caused by work activities and over a million workers get in;ured. 0round "

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million people )4M of the population suffer from illhealth caused by workand it is estimated that around "4 million working days are lost every yearas a result of workrelated accidents and illhealth. Every year around

#,--- people die as a result of past eposure to asbestos and more than"4,--- are forced to give up work due to workrelated accidents and illhealth.

Aidents in the EU

During 1@@N there were $.B million occupational accidents leading tomore than three days> absence from work. This gives an incidence rate of$,-@ accidents per 1--,--- people at work. Deaths were 4.- per 1--,---people, with a total of 4,$B6 people killed at work. 0 further #, 1--

fatalities occurred between home and work. Of the total of nearly ,6--workrelated deaths, 4@ per cent were due to road or transport accidents.(ore details can be obtained from the website of the European 0gency for&afety and 'ealth )www.osha.eu.int. The site links to (ember &tate siteswhere national legislation and guidance can be found.

=eople employed for less than two years were found to be between 1."and 1.# times more likely to have an accident than the average worker,irrespective of whether they had a temporary or permanent contract.

*n some sectors, the figure was much higher than this. Hor eample, staffin hotels and restaurants who had been permanently employed for lessthan two years were $B per cent more likely to have an accident, relativeto their industry average. &imilarly, temporary employees in constructionwere 64 per cent more likely to be in;ured than other workers in theirsector.

Hor all people aged between 1 and "$, and for everyone working nightshifts. of at least "- hours a week, the risk of an accident was 1.$ timesthe average.

Hishing was the most dangerous occupation at ".$# times the E?occupational average. Other highrisk sectors included construction )1.$1times the E? aver age, health and social welfare )1.#$, and agriculture)1.#".

Other than accidental in;uries, workrelated health problems affected B.Bmillion people in 1@@!@@, 4# per cent of the cases involvingmusculoskeletal disorders. These were commonest in the health and socialwelfare sector followed by construction and transport. Eighteen per cent

of cases were related to stress, depression or aniety. *n education and

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the health and social welfare sectors, the incidence of these problems wastwice the E? average.

NEurostat &tatistics in Hocus =opulation and &ocial 3onditions o16!"--1 Accidents at Work in the EU 1@@1@@@ 3atalogue o F&F-1-16E3.

The .o"ld %itu"e

*t is remarkably difficult to assemble an accurate picture of occupationalaccidents around the world. There are many reasons for this: there is nocommon agreement even on what constitutes >an accident> for thepurposes of recording information or on the types of incident that should

be reported to, or collected by, enforcing authorities, and there isunderreporting for a range of reasons on a huge scale. evertheless, the*nternational +abour Organisation )*+O makes regular estimates on thebest information available to it, and the following table was presented atthe 16th *nternational 3onference of +abour &tatisticians )%eneva,October 1@@ by the *+O>s Cukka Takala . ote that the world> labour forceis estimated at ".B billion people.


12) The finanial a"'u#ents fo" #aintainin' 'ood standa"ds of health and safety

Hidden Costs of Accidents: 7ithin the uk a survey published by the'&E in 1@@# it was shown that for every 1 recovered from insurancecompanies for losses and accidents, between and #6 were notrecovered and had to be paid for from the company profits. *n one caseat a hospital this amounted to 4M of the annual running costs< and inanother, for a transport company #BM of the annual profits.

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0 popular way of depicting the difference between direct and indirectcosts is by means of an iceberg analogy )see illustration below.

E+ONO/I+ FA+TO(S

The Large Company: %enerally speaking, it is big companies whichtend to suffer the largest financial losses as a result of industrialaccidents )see Higure $.6. 2ut, paradoically, it is these samecompanies that can best absorb 8uite large losses without much effecton their overall profits< and, hence, dividends paid to theirshareholders. +arge companies often maintain high stock levels in orderto be able to maintain their markets in adverse situations.

0lternatively, they may keep spare productive capacity available atanother site or in another building.

1,--- #,--- 1-,---"-,--- +oss

The Small Company: &maller companies, by comparison, usually have

lower levels of investment and resources available and, as a

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conse8uence, might face serious financial difficulties with a loss of1-,--- or less. The effect of any such financial loss is, therefore, notproportional to the size of the company.

0nother interesting finding in relation to accidents in small companieswas revealed in an investigation into the relationship between in;uryabsences, sickness and absenteeism. *t was found that in;uries occurringin smaller companies tended to result in more time off than eithersickness or absenteeism. *t follows that effective techni8ues of safetymanagement are of more benefit to the smaller company.

The Cost: 'ealth and safety failures cost %reat 2ritain up to 1.1 billioneach year )".1M ".6M %D=. The cost of workrelated accidents and illhealth to employers e8uals 1$-#-- for each worker employed, whilethe cost of workrelated accidents and illness to employees is estimatedat between #.4 billion and B.# billion a year )$M M of gross companytrading profits. Over 1- million could be saved in workrelated illnesscosts in the construction industry alone.

The cost of workrelated accidents and illhealth to employers is, ofcourse, an a!e"a'e cost. &ome accidents will cost only a few pence for asticking plaster< others may cost hundreds or even thousands of pounds,when the cost of hospital treatment is taken into consideration.

*t is also necessary to distinguish between the direct and the indirectcosts of an accident )see below. *t has been estimated that indirectcosts account for as much as four times the direct costs.

7e must look now to see ;ust what factors affect the direct and indirectcosts of industrial accidents. 2ut first it is necessary broadly to classifythe types of accident that can occur.

The"e a"e fou" #ain lasses of aident:

)a Those that cause no damage to property or in;ury to people<

)b Those that cause damage to material, plant or e8uipment but do notin;ure personnel<

)c Those that cause in;ury to personnel but do not damage property<

)d Those that cause both in;ury to people and damage to material, plantand e8uipment.

The cost of an accident can be divided into two parts: there are di"et

costs, which include insurance claims, sick pay, loss of production,

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repairs, product loss or damage, public liability, damage to e8uipment,buildings, etc. The indi"et costs include business interruption, productliability, loss of orders, cost of time spent on investigations, legal fees,loss of corporate image.

*n addition to which we must not forget the cost of suffering that thosein;ured may endure and the stress for their families, together with thepsychological effect on other workers.

7e can set out a comparison of direct and indirect costs using theseaccident classes, as follows:

Ty%e of Di"et +ost Indi"et +ost

Aident

)a one egligible, e.g. temporarywork stoppage, durationdependent upon severity ofthe Jnear missK

)b4alue of the workpiece,the work in hand, or

structure

0asta'e of material andloss of time already spent

on the ;ob.

4alue of plant ande8uipment to be replaced

The plant may be out of ation for some time and,if vital, may affect allproduction

Da#a'e to tools and

testing e8uipment thathave to be replaced

Delay while waiting for

replacements that mayhave to be specially made

)c+ost of #edialt"eat#ent

Lost ti#e3 due to :

P Hirst aid

P 7orkers stopping to assistout of sympathy orcuriosity, or to discuss theincident

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P 0mbulance P (achinery stopped to freevictim

P Outpatient treatment P &upervisors assistingvictim

P *npatient treatment)bed, nursing, doctors,specialists, consultants,medication, etc.

P (anagement and otherswho have to investigate theincident 5earrangement ofproduction schedules

+o#%ensation

Lost ti#e3 due to :

Hines imposed onconviction

P =reparation of reports,etc.

for breach of statutoryduty

P 0ttendance for courtproceedings

P 'ospital visits and dealingwith

relatives .

Loss of %"ofit3 due to :

P +oss of victimQs

production

P 3ost of trainingreplacement

P 5educed productivity,additional wages andovertime.

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+onse5uential loss3 due to:

P *nterference withproduction

P Hailure to meetcompletion dates )penaltyclause< loss of goodwill

P 3ancellation of ordersand loss of futureproduction.

In"eased o!e"heads

*f plant and men are idle<possible costs of plant hire

Additional onse5uential

loss

0s a result of a pooraccident record difficultto employ good men< badworkers waste more,produce less and are moreaccident prone.

)d

The factors contributing towards the cost of accidentswhere both personal in;ury and material damage areinvolved are likely to be a combination of those listedunder accident types )b and )c.

To recap, as well as the four main classes of accident, direct andindirect cost implications, there is also the consideration of what canand cannot be insured.

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16 The le'al f"a#e.o", fo" "e'ulatin' health and safety

The ultimate purpose of the enforcing authorities is to ensure that dutyholders manage and control risks effectively, thus preventing harm.

The term RenforcementQ has a wide meaning and applies to all dealingsbetween enforcing authorities and those on whom the law places duties)employers, the selfemployed, employees and others.

The ?F>& '&3 believes in firm but fair enforcement of health and safetylaw. This should be informed by the principles of proportionality inapplying the law and securing compliance< consistency of approach<targeting of enforcement action< transparency about how the regulatoroperates and what those regulated may epect< and accountability for theregulatorQs actions. These principles should apply both to enforcement inparticular cases and to the health and safety enforcing authoritiesQmanagement of enforcement activities as a whole.

Proportionality: =roportionality means relating enforcement action tothe risks. Those whom the law protects and those on whom it placesduties )duty holders epect that action taken by enforcing authorities toachieve compliance or bring duty holders to account for noncomplianceshould be proportionate to any risks to health and safety, or to the

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seriousness of any breach, which includes any actual or potential harmarising from a breach of the law.

Targeting: Targeting means making sure that contacts are targetedprimarily on those whose activities give rise to the most serious risks orwhere the hazards are least well controlled< and that action is focused onthe duty holders who are responsible for the risk and who are best placedto control it whether employers, manufacturers, suppliers, or others.

Consistency: 3onsistency of approach does not mean uniformity. *t meanstaking a similar approach in similar circumstances to achieve similar ends.

Transparency: Transparency means helping duty holders to understand

what is epected of them and what they should epect from the enforcingauthorities. *t also means making clear to duty holders not only what theyhave to do but, where this is relevant, what they don>t. That meansdistinguishing between statutory re8uirements and

Accountability: 5egulators are accountable to the public for their actions.This means that enforcing authorities must have policies and standards)such as the four enforcement principles above against which they can be;udged, and an effective and easily accessible mechanism for dealing withcomments and handling complaints.

See also the HSC Enforcement Policy Statement


161 The "ole of the Eu"o%ean Union in ha"#onisin' standa"ds of healthand safety

European Union La: European Directives are binding on all memberstates, but each state must pass its own legislation )in the ?nited

Fingdom , a statutory instrument to bring the E? legislation into effect.The

European Courthas held that if national law conflicts with the Directive, an individualmay plead the Directive in litigation. The national court must decide theissue as if the Directive had been enacted. 'owever, only certain types ofDirective may be applicable.

&ince the ?nited Fingdom ;oined the European Economic 3ommunity )now

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• ew 5egulations re8uired to cover the essential aims

Eu"o%ean Di#ension:

•

The ?F bound by E? legislative procedures on ;oining )then EE3 in1@B"• Geto by member states on proposed legislation changed to 8ualified

ma;ority voting on adoption of &ingle European 0ct )&E0 1@6• &ignificant progress made since &E0 on new health and safety

legislation• 5egulations: similar to statute law and binding on member states

without further action )e.g. tachograph re8uirements• Directives: prescribe a result to be achieved by a set date leaving

member states to transpose into national law )e.g. RThe &i =ackQ•

*t is possible for the European 3ommission to introduce 8uite wideranging proposals under the health and safety provisions of the&ingle European 0ct )&E0, 0rticle 110.

The Eu"o%ean +ou"ts

• European 3ourt of 'uman 5ights interprets European 3onventionfor =rotection of 'uman 5ights and Hreedoms

• European 3ourt of Custice gives rulings on interpretation of E? law

at re8uest of a member state or an individual.


1611 Inte"national Health and Safety La.

Histo"ial %e"s%eti!e

?ntil 1@B- there was a broad agreement between governments on their

regulatory approach to health and safety at work. ational lawsprescribed in lesser or greater detail the minimum standards whichemployers must achieve at their workplaces although someworkplaces were deliberately ecluded because of perceived low risk,difficulty of enforcement, and industry and local traditions.

2ut, in 1@B-, the ?nited &tates introduced a new legal regime in the7illiams &teiger 0ct , better known as O&'0. This was, and is, acomprehensive statute which is essentially prescriptive it contains fulldetails of the means of compliance and control for a huge variety of

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circumstances and hazards. +ater enactments followed the sameprescriptive course.

*n the ?nited Fingdom , a review of eisting legal controls carried outby the 5obens 3ommittee resulted in the introduction in 1@B$ of the'ealth and &afety at 7ork etc 0ct. This measure contained relativelylittle by way of prescription and relied instead on the achievement of9reasonably practicable9 standards of health and safety at work andelsewhere, on the part of both the employer and those in control ofpremises.

This was in contrast to the ?F>s earlier, highly specific and prescriptiverules which were destined to be progressively replaced by re8uirements

introduced under the new system, which referred to guidance andcodes mostly offered as eamples which the employer and others couldchoose to follow in the pursuit of 9reasonably practicable9 controlmeasures. (any felt that the new law would lead to lowered standards.Time has shown that the increased fleibility offered by this approachconferred benefits not previously available, although the lack of a >rulebook> is still complained of by some groups.

The balance was redressed to some etent by the European 3ommunity,now the European ?nion, which re8uired the ?nited Fingdom as a

(ember &tate to provide more specific rules in compliance with thevarious health and safety directives introduced from the mid1@-s.+ater &ections of this =art eamine the central Hramework Directive,and the way in which it was implemented in the ?nited Fingdom , as anillustration of the current European approach to health and safetylegislation.

The "ole of 'o!e"n#ent

7here there is little social or economic reason for the employer to take

positive action to prevent workplace in;uries and ill health, eperienceshows that these actions will only be taken where there is a firmleadership role taken by national government, backed by appropriatesanctions which are seen as significant by those they may affect. 7hatare the components of such a role I

&i ma;or elements can be distinguished:

1 Settin' of a%%"o%"iate standa"ds fo" health and safety at .o",This re8uires a government to have available a pool of knowledge,

skills and eperience to enable the most appropriate legislation for the

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community to be devised, and revised as needed. (any governmentshave successfully borrowed legislation piecemeal from other nations<unfortunately some of what is borrowed may not >fit> the new wearer,

and even borrowed material needs revision over the passage of time.These are reasons why the local knowledge pool is needed.

". Enfo"e#ent of those standa"ds th"ou'h the le'al syste# 0mongthe many elements of an enforcement programme is, at the least, anade8uate number of trained and competent inspectors or regulators,whose duties etend to the planned and random inspection ofworkplaces covered by the legislation, the investigation of incidentsand complaints, and the conduct of proceedings as necessary followingsuch inspections and investigations. Hor financial reasons, and because

of tradition, health and safety enforcement is often to be found withinthe framework of a department of labour, whose inspectors are alsoconcerned with policies and enforcement of other aspects of theworking environment including wages and conditions. 0s a result, thetime and skills of these inspectors may well be stretched toaccommodate specialist knowledge of health and safety matters.

#. Ad!ie to e#%loye"s3 .o",e"s and the %u7li on a%%"o%"iateont"ol #easu"es3 and the issue of e9%lanato"y %u7liationsDevelopment of information resources in hazard controls, risk

assessment techni8ues, and collection of in;ury data produces inputsinto an information system which will be able to offer answers toproblems within the community and to monitor the national measuresin force.

$. Unifo"#ity of a%%"oah There must be an appropriate means ofdealing with those who deliberately avoid compliance with nationallaws, which is seen to be fair. &imilarly, the penalties imposed shouldbe appropriate to the offence and at a common level for the sameoffence committed in different places and environments. The level of

penalty should be such that it offers an incentive to comply with thelaw, and sufficient so that there is no economic advantage to be gainedby failure to comply, followed by a willingness to accept the resultingpenalty. E8ually, there must be some relation between national controlmeasures and those of other international trading partners and othercountries with broadly similar economies and standards. This will besignificant for multinational employers.

4. Settin' ta"'ets fo" futu"e i#%"o!e#ent %overnment moves toimprove future national performance can include re8uiring the formal

assessment of risk as a part of the planning process, making designers

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responsible for the provision of information about their designs and thefuture maintenance or dismantling of buildings, plant and e8uipment,and the publication of in;ury and ill health data and other results set

against future targets. *t is selfevident that governments that do notcarry out a progressive assessment of the impact of measures on thelives and wellbeing of the workforce are seen as paying lipservice tothe common international goal of reduction in the numbers ofworkplace accidents of all kinds.

6. Foste"in' o-o%e"ation 7et.een the %a"ties in!ol!ed -.o",e"s3.o",e" "e%"esentati!es3 #ana'e#ent and 'o!e"n#ent *n manycountries, legislation provides for ;oint consultation and informationechange on matters related to workers> safety and health. Eperience

in many countries shows that the potential for the contribution to goodpractices which can be made by workers is often undervalued, andthose given consultation on their own safety and health are more likelyto cooperate with the measures put in place to protect them. E8ually,legislation which has the support of these ma;or elements is more likelyto be effective than that which is developed in isolation.

The 7i' %itu"e -Sustaina7ility

There is a growing recognition that >health and safety> is but one of the

facets of organisational control that must be mastered, not in isolationbut together with others. Earlier concepts of loss control and riskmanagement developed in response to the realisation that theprotection of assets of organisations, states and even cultures isnecessary to ensure survival. ow, the umbrella of >sustainabledevelopment> has been raised to cover all of the dynamic elements ofmodern society.

One definition of sustainable development that has received generalacceptance is >development that meets the needs of the present

without compromising the ability of future generations to meet theirown needs>. Thus, occupational health and safety is a part ofsustainable development at the simplest level, because failure toachieve an ade8uate standard and to limit risks will compromise thevery eistence of the future generation. &ustainable development islinked most closely with environmental concerns. 0 more refineddefinition puts the concept as a dynamic process that >enables allpeople to realise their potential and improve their 8uality of life inways which simultaneously protect and enhance the Earth>s life supportsystems> .

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0mong multinational organisations especially, the sustainabledevelopment concept is becoming the main focus of action todemonstrate sensitivity towards their impact on the >global village>.

3riteria are being developed which measure progress towards satisfyingnot only their shareholders but also social and environmentalperformance. 0s yet, there is little sign of agreement on what shouldbe achieved, or indeed how to do it. 'owever, the trend is towardsintegration of activity in these areas, such that environmental and8uality management are increasingly being linked with health andsafety management. =artly, this is because the central features of theirmanagement systems are the same and there are likely to beeconomies of scale to be made as a result. Eamination of the ma;orinternational standards for these topics )*&- @---, 1$--- and O'&0&

1--- series shows that their many common features enable the samemanagement structures to be used.

7ithin the European ?nion )E?, the sovereignty and right of each(ember &tate to pass laws on safety and health or any other sub;ectis not affected: by agreement, the (ember &tates harmonise theirregulatory activities by proposing and discussing regulatory action inthe European forum, resulting in directives which contain the principlesand ob;ectives to be attained by national legislation in each (ember&tate. There is also a timetable for the implementation of the

legislation, which must be sufficient to ensure compliance with theminimum standards set out in each of the directives.

There are ma;or differences between the (ember &tates in theorganisation and administration of their national laws, in proceduresincluding enforcement, and in terminology. These differences will besignificant for health and safety practitioners working in each of thecountries, and for employing organisations with operations in morethan one country. There are differences in enforcement practices andstandards, in the ability and knowledge of the enforcing authorities and

their staff, and differences in legal systems and penalties applied.3onsistency in these areas is an important goal for the E?.

ational needs vary the etent to which internal legislation in (ember&tates eceeds, etends or varies the directives. Hor eample, ingeneral, ?nited Fingdom laws made in response to directives on healthand safety at work eceed the directives> minimum standards becausethey apply to the selfemployed as well as employees, employers andother dutyholders.

This ?nit does not discuss the Directives on =roduct and (achinery

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&afety, which impose standards on products and e8uipment rather thanon people and systems. There are considerable links between the twofields. Only one eample of a directive is given in detail, followed by a

summary of the legislation introduced in the ?nited Fingdom in orderto comply with it, for illustrative purposes.


16$ U8 Le'islation The Health and Safety at 0o", et At 1;s was that health and safety at work was controlled by

@ main sets of legislation administered by 4 government departments withseven independent inspectorates. 0t this time the 5obens 3ommittee wasset up to consider how the legislation could be made more effective.

The 5obens 3ommittee which reported in 1@B" identified three mainconcerns:

• The regulatory nature of the eisting legislation which in the mainwas concerned with setting defined rules to be followed in specificsituations which inevitably led to complicated and fragmentedlegislation covering some industries and omitting others.

• 5apid industrial innovation, technological changes and the increase inscale of operations was leading to a corresponding increase in thescale of hazards and legislation was failing to keep up.

• There was no downward trend in accident rates.

The committee felt that the eisting legislation did little to encourageemployers to improve conditions beyond the rules laid down in theregulations. *t was believed that selfregulation would be more successful.The need for communication between employers and employees about

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health and safety matters was also emphasised. Hormal statements ofsafety policy and the use of systematic hazard assessment were alsorecommended. The unification of all enforcing bodies under one

organisation to reflect the unification of the legislation was alsorecommended.

The result was The Health and Safety at 0o", et At >1;enabling>0ct, which provides a framework under which legislation can be introducedto cover specific areas, e.g. 3*(0', 3O&'', although there are fewregulations within the 0ct itself. The 0ct covers anyone affected by work

activities and brought 4 million workers not covered by the eistinglegislation under its protection.

The Health and Safety at 0o", At 1;


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employees. These are outlined more fully below.

#ection &: =laces duties on employers and the selfemployed to ensure

their activities do not endanger anybody )with the selfemployed thatincludes themselves, and to provide information, in certain circumstances,to the public about any potential hazards.

#ection ': =laces a duty on those in control of premises, which are nondomestic and used as a place of work, to ensure they do not endangerthose who work within them. This etends to plant and substances, meansof access and egress as well as to the premises themselves.

#ection (: =laces duties on manufacturers, suppliers, designers, importers

etc in relation to articles and substances used at work. 2asically they haveto research and test them and supply information to users.

#ection ) : =laces duties upon employees and these are outlined more fullybelow.

#ection *: =laces a duty on everyone not to intentionally or recklesslyinterfere with or misuse anything provided in the interests of health, safetyand welfare.

#ection + : =rovides that an employer may not charge his employees foranything done, or e8uipment provided for health and safety purposes undera relevant statutory provision.

Employers

#ection %$- Ensure the health, safety and welfare of employees while atwork.

#ection %%- ae- 7ithout pre;udice to the above, the matters to which theduty etends include:

)a =rovision and maintenance of safe plant and safe systems of work.

)b 0rrangements for ensuring safe means of handling, use, storage andtransport of articles and substances.

)c =rovision of information, instruction, training and supervision

)d =rovision of a safe place of work and provision and maintenance of safe

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access and egress to that workplace.

)e =rovision and maintenance of a safe working environment and ade8uate

welfare facilities. )/ote: The above duties are all 8ualified by the term 9sofar as is reasonably practicable9.

Employees

#ection ) ab- *t shall be the duty of every employee while at work:

)a To take reasonable care for the health and safety of himself and otherswho may be affected by his acts or omissions at work.

)b To cooperate with his employer or any other person, so far as isnecessary, to enable his employer or other person to perform or complywith any re8uirement or duty imposed under a relevant statutory provision.

)/ote: These duties have been etended by duties contained in the0anagement of 1ealth and #afety at Work 2egulations $+++ .


16$$ Othe" ,ey "e'ulations

0s mentioned above the 'ealth and &afety at 7ork 0ct 1@B$ places a generalduty on employers to ensure, so far as is reasonably practicable, the health,safety and welfare at work of all their employees. This duty has beenreinforced by more recent legislation which places a much more eplicitduty on employers to assess and remove risks in their workplace.

The European Hramework Directive and the five sibling )daughter directiveswhich were adopted at the same time were implemented in the ?F at thebeginning of 1@@# as the set of regulations commonly known as the 9si

pack9. These were:

The /ana'e#ent of Health and Safety at 0o", (e'ulations 1;;;

The /anual Handlin' O%e"ations (e'ulations 1;;$

The Health and Safety >Dis%lay S"een E5ui%#ent? (e'ulations 1;;$

The @"o!ision and Use of 0o", E5ui%#ent (e'ulations 1;;

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The 0o",%lae >Health3 Safety and 0elfa"e? (e'ulations 1;;$

The @e"sonal @"oteti!e E5ui%#ent at 0o", (e'ulations 1;;$

The key lies in the (anagement of 'ealth and &afety at 7ork 5egulations)sometimes referred to as the mother and the five siblings as thedaughters. 0s their title suggests, health and safety must be managed andhealth and safety risks must be managed out of the workplace.

The /ana'e#ent of Health and Safety at 0o", (e'ulations 1;;;

O!e"!ie.: These 5egulations set out broad general duties which apply toalmost all work activities in %reat 2ritain and offshore. They are aimed

mainly at improving health and safety management and can be seen as away of making more eplicit what is re8uired of employers under the 'ealthand &afety at 7ork 0ct.

Employers

The 5egulations re8uire employers to:

• 0ssess the risks to the health and safety of employees and to anyoneelse who may be affected by their work activity. This is so that thenecessary preventive and protective measures can be identified.Employers with 4 or more employees have to record the significantfindings of the assessment. )2egulation &

• Ensure that the principles of prevention are applied. *n practice, startby avoiding risk and then assess, reduce and control any remaining riskthat cannot be avoided. )2egulation '.

• (ake arrangements for putting into practice the health and safetymeasures that follow from the risk assessment. This will have to coverplanning, organisation, control, monitoring and review of theprotective and preventative measures, in other words. 0gain,

employers with 4 or more employees will have to record theirarrangements. )2egulation 3• =rovide appropriate health surveillance for employees where the risk

assessment shows it to be necessary. )2egulation (• 0ppoint one or more competent people )by preference from within

the organisation rather than an outside consultant to help him inundertaking the measures he needs to take to comply with there8uirements and prohibitions imposed upon him by or under therelevant statutory provisions. 7here more than one competent personis appointed, the employer shall make arrangements for ensuring

ade8uate cooperation between them. The competent person) s

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must have time available to fulfil their functions and be provided withthe necessary information. They must also have ade8uate meansavailable at their disposal. )2egulation )

• *dentify danger areas and have procedures in place to deal with

serious and imminent danger. 0ppoint competent persons to takecharge and implement evacuation procedures. )2egulation *.• +iaise with the eternal services when drawing up emergency

procedures etc. )2egulation + .• =rovide employees with comprehensible information about specific

health and safety matters. Hor eample: the results of riskassessments and the introduction of control measures, the names ofcompetence persons appointed to assist the employer and the namesof persons placed in charge of evacuation procedures etc. )2egulation$4 .

• 3ooperate with other employers sharing the work site. )2egulation$$.

• Ensure comprehensible information and instruction is provided toother employers, the selfemployed and employees of other employersworking in the workplace .) 2egulation $%.

• Ensure that employees have ade8uate health and safety training andare capable enough at their ;obs to avoid risks.

• Training re8uired: on induction, when ;ob responsibilities change,upon the introduction of new technology or new systems of work.5efresher training to be provided. 0ll training to be within normal

working hours. )2egulation $&.• =rovide temporary workers with some particular health and safety

information to meet special needs. )2egulation $3.• 3arry out specific risk assessments relating to new or epectant

mothers. )2egulation $(.• Obtain certificate from registered medical practitioner concerning

new or epectant mothers. )2egulation $) .• =rotection of young persons, including need to carry out specific risk

assessment and to take into account their age, lack of maturity andineperience etc. )2egulation $+ .

Employees

The 5egulations:

• Etend the duties on employees, as contained in &ection B of the'ealth and &afety at 7ork 0ct 1@B$, to follow health and safetyinstructions, to report serious and imminent danger and to point outany shortcomings in their employer>s arrangements. These duties arelimited by the training and instruction that the employee has received

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• =rovide health and safety information )5eg B

The risks to health which employers must assess are described asmusculoskeletal and postural problems, visual problems, fatigue and mental

stress.

@"o!ision and Use of 0o", E5ui%#ent (e'ulations

5egulation 4 of these regulations is the most relevant, under it employersmust:

• Ensure that work e8uipment is suitable for the purpose for which it isto be used

• *n selecting work e8uipment, have regard to the risks to health and

safety• Ensure that work e8uipment is used only for operations and conditions

for which it is suitable

5egulations and @ re8uire employers to provide information, instructionand training to employees about how to use e8uipment safely.

%uidance to the regulations emphasises that the risk assessments madeunder the (anagement of 'ealth and &afety at 7ork 5egulations will helpemployers select suitable work e8uipment.

0o",%lae >Health3 Safety and 0elfa"e? (e'ulations

These regulations apply to all aspects of the work environment andemployers have duties to provide

• Effective ventilation )5eg 6• 0 reasonable temperature )5eg B• &uitable and sufficient lighting )5eg • &ufficient space )5eg 1-•

7orkstations and seating suitable for the person using them and forthe work being done )5eg 11• &uitable and sufficient rest facilities )5eg "4

@e"sonal @"oteti!e E5ui%#ent at 0o", (e'ulations

These regulations cover the provision of ==E to employees. ?nder 5egulation$ employers must provide suitable ==E where health and safety risks cannotbe controlled ade8uately by other means. ==E will not be suitable unless

•

*t is appropriate to the risks involved

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• *t takes account of ergonomic re8uirements and the health of theindividual

• *t fits the wearer correctly

•

*t prevents the risk without increasing the overall risk.


uestion 1;

The key to the European 6pack lies in the SSSSS )&ometimes referred to as

the mother of the 6pack.

The 7orkplace )'ealth, &afety and 7elfare 5egulations 1@@"

The (anagement of 'ealth and &afety at 7ork 5egulations 1@@@

The (anual 'andling Operations 5egulations 1@@"

The =rovision and ?se of 7ork E8uipment 5egulations 1@@

Lesson:- Health & Safety Foundations >+ont?

0ee, $

7elcome back to week " of the E2O&' cert course.

7e will be continuing ?nit 1 ) 'ealth &afety Houndations over the followingpages, please complete these and the 8uestions before moving on to ?nit ")=olicy.

=& U 7e have noticed that some of you have not completed your profile )addeda picture or image, added where you are from etc. ou can edit your profileby clicking the REdit =rofileQ link )top left of the main E2O&' page.


16$) A%%"o!ed odes of %"atie3 offiial 'uidane and thei" "elationshi%sand "elati!e status

7e will first of all look at this in the ?F contet and then at the end we willlook at eamples from the rest of the world.

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*t is important to appreciate that the most important source of referencematerial used to identify the re8uirements of health and safety legislation andto ensure sound health and safety practices lies in the official 0pproved 3odes

of =ractice, 3odes of =ractice, and %uidance otes.

Every employer should keep a database of such literature as relevant to hisundertakings, and it should be used to implement the re8uirements oflegislation. ote that codes and guidance are updated continually in the lightof new knowledge, so it is necessary to keep abreast of changes anddevelopments.

A%%"o!ed +odes of @"atie: The 'ealth and &afety 3ommission has thepower to approve and issue codes of practice which provide guidance on how

to comply with the legal re8uirements of the 0ct and its related legislation. *norder to issue a code of practice, the 3ommission re8uires the consent of the&ecretary of &tate< and prior to obtaining his consent, the 3ommission mustconsult with any government department or other appropriate body. The5obens 5eport recognised the importance of the code of practice when itrecommended that:

5/o #tatutory 2egulations should be made before detailed consideration hasbeen given to whether the ob6ectives might be ade7uately met by a nonstatutory code of practice or standards.8

0s a result of the 5obens 3ommittee recommendations, &ection 16 of theHS0A has been put to good effect and many sets of regulations have anaccompanying code of practice, e.g.

• &afety 5epresentatives and &afety 3ommittees 5egulations 1@BB• (anagement of 'ealth and &afety at 7ork 5egulations 1@@@• 7orkplace )'ealth, &afety and 7elfare 5egulations 1@@"• 3ontrol of &ubstances 'azardous to 'ealth 5egulations "--"• 3hemicals )'azard *nformation =ackaging for &upply )0mendment

5egulations 1@@@

!istinction beteen "egulations and ACoPs: *t is important not to confuse5egulations with 0pproved 3odes of =ractice )03o=s. 03o=s do not lay downlegal re8uirements, therefore you cannot be prosecuted for failing to complywith the guidance contained in them. 'owever, contravention of the advice ina code of practice is admissible in evidence to prove a breach of the HS0A orits relevant provisions. The introduction to 03o=s will contain the followingstatement:

5Although failure to comply with any provision of the code is not in itself an

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offence, such a failure may be used in criminal proceedings as evidence that a person has contravened a regulation to which the provision relates. !n such acase, however, it will be open to that person to satisfy the court that he has

complied with the regulation in some other way. 8

0 good eample of this is illustrated by the +ont"ol of Su7stanes Haa"dousto Health (e'ulations and its 03o=. The 5egulations re8uire employers tocontrol the eposure of their employees to hazardous substances< however,they do not contain a detailed description of what are considered to beappropriate control measures. The 03o=, on the other hand, provides detailedadvice concerning measures which can be used to control eposure tosubstances hazardous to health. 03o=s are published with the relevant5egulations as one document.

The practice of putting the detail of good practice into the 03o= is a sensibleone. *t is designed to curtail the amount of legislation and the many changesto legislation that would be re8uired if such information had to be containedin the legislation itself. 3hanging the provision of an 0ct of =arliament is alengthy and complicated process whereas the 3ommission can comparativelyeasily amend, withdraw, or replace a code of practice.

Buidane Notes: There is a further series of documents published by the'ealth and &afety Eecutive, known as Buidane Notes. The information

contained in these is purely advisory and has no legal significance. Often a%uidance ote will accompany a code of practice, e.g. the Safety(e%"esentati!es and Safety +o##ittees (e'ulations 1;


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2=( 2est =ractical (eans

0lthough %uidance otes are not mandatory they are valuable documents

based on a wealth of practical eperience which indicate the way in which theinspectorate is likely to epect employers to operate. (any are free and canbe obtained from your local '&E office and on the &'Epro website.


16) A7solute and 5ualified duties: C%"atia7leC3 C"easona7ly %"atia7leC

i. A7solute duties: ou will not find a duty in the '&7 0ct, or its associatedlegislation, phrased such that it is the absolute duty of / to do . 7hat youwill find, however, are certain duties which are not 8ualified by phrasessuch as so far as is practicable and so far as is reasonably practicable. &uchduties are considered absolute and must be carried out.

The duty itself is usually epressed by the term shall. Hor eample,regulation # of The (anagement of 'ealth and &afety at 7ork 5egulations

1@@@ re8uires that:

Every employer shall make a suitable and sufficient assessment of:

a The risks to the health and safety of his employees to which they areeposed whilst they are at work< and

b The risks to the health and safety of persons not in his employmentarising out of or in connection with the conduct by him of his undertaking,for the purpose of identifying the measures he needs to take to comply with

the re8uirements and prohibitions imposed upon him by or under therelevant statutory provisions.

This is an eample of an absolute duty. Other eamples include:

• &ection ")# of the '&7 0ct, relating to the provision of health andsafety policies

• &ections ")$, ")6 and ")B of the '&7 0ctN, relating to:o 5ecognition and consultation with safety representativeso Establishment of safety committees

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measures to prevent access to dangerous parts of machines, each step in thehierarchy being 8ualified.

iii. So fa" as is "easona7ly %"atia7le: This 8ualification re8uires a balanceto be made of the total cost of performing the duty, on the one hand, andthe risks to be reduced by performing the duty, on the other hand. Thiscalculation has to be made before an accident occurs.

7here the risks are very high, then the duty must be performed irrespectiveof the cost. 'owever, where the risks are significantly reduced and, due tothe law of diminishing returns, the cost of reducing the risks still further aredisproportionately high, then the duty is not deemed to be RreasonablypracticableQ to perform.

*n considering the costs involved no allowance can be made for the size,

nature of profitability of the business concerned. *t is the risk whichdetermines whether or not the cost involved is ;ustified.

0ll of these points were summedup nicely in a leading case law decision inwhich the Cudge stated that:

2easonably practicable is a narrower term than physically possible andimplies that a computation must be made in which the 8uantum of risk isplaced in one scale and the sacrifice, whether in money, time or troubleinvolved in the measures necessary to avert the risk is placed in the other<

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and that, if it is shown that there is a gross disproportion between them,the risk being insignificant in relation to the sacrifice, the person uponwhom the duty is laid discharges the burden of proving that compliancewas not reasonably practicable. This computation falls to be made at a

point of time anterior to the happening of the incident complained of.

Edwards v /ational Coal 9oard $+'+-

0s we shall see in the book that deals with the '&7 0ct most, but not all, ofthe 0ct is 8ualified by the term so far as is reasonably practicable.

A note of aution: The main sections of the '&7 0ct are covered in anotherbook, but at this stage we need to be aware of the re8uirement stated insection $- with regard to 8ualified dutiesN:

*n any proceedings for an offence under any of the relevant statutoryprovisions consisting of a failure to comply with a duty or re8uirement todo something so far as is practicable or so far as is reasonably practicable,or to use the best practicable means to do something, it shall be for theaccused to prove )as the case may be that it was not practicable or notreasonably practicable to do more than was in fact done to satisfy the dutyor re8uirement, or that there was no better practicable means than was infact used to satisfy the duty or re8uirement.

The 'ealth and &afety at 7ork etc 0ct 1@B$.


uestion 11

SSSSS is a narrower term than physically possible and implies that acomputation must be made in which the 8uantum of risk is placed in onescale and the sacrifice on the other )time, money, effort, if it is shown thatthere is a gross disproportion between them, the risk being insignificant inrelation to the sacrifice, then the duty is discharged.

so far as is practicable

absolute duty

so far as is reasonably practicable

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16* The "oles and funtions of e9te"nal a'enies:

*n this section we will be discussing the roles and functions of eternalagencies such as the 'ealth and &afety 3ommission )'&3, 'ealth and &afetyEecutive )'&E, local authorities )+0Qs, fire authorities, Environment0gency!&cottish Environmental =rotection 0gency and insurance companies

Enforcement of health and safety regulations is dealt with under &ection 1of '&70. Enforcement authorities are the 'ealth and &afety Eecutive itself,local authorities, and the Environment 0gency. Enforcement is mainly theresponsibility of the '&E or a local authority, but the section provides forenforcement responsibilities to be assigned to other authorities, e.g. control

of emission into the atmosphere is the responsibility of the Department ofthe Environment, which would be responsible for enforcing the provisions ofthe Health and Safety >E#issions into the At#os%he"e? (e'ulations 1;).

The main division of responsibility for enforcement is between the '&E itselfand local authorities. *t helps to know which authority is responsible forwhich type of industrial or commercial activity. 0s a general rule, the '&E isthe enforcing authority for indust"ial %"e#ises and the local authority isresponsible for o##e"ial %"e#ises within its area. There is an eception)as always to the general rule. either the '&E nor the local authority can

enforce provisions in respect of its own premises, so they JinspectK eachotherQs premises.

The arrangements for the division of enforcement responsibilities arecontained in the Health and Safety >Enfo"in' Autho"ity? (e'ulations1;;. The following lists indicate the work and activities which are enforcedby each Jenforcing authorityK.

Acti#ities Enforced by the HSE

1. 0ny activity in a mine or 8uarry )other than abandoned

". 0ny activity in a fairground

#. 0ny activity in premises in relation to broadcasting, recording or filming

$. The following activities carried on at premises by persons who do notnormally work in the premises:

)a 3onstruction work if

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P regulation B)1 of the +onst"ution >Desi'n and /ana'e#ent? (e'ulations1;;* )which re8uires pro;ects which include or are intended to includeconstruction work to be notified to the Eecutive applies to the pro;ect

which includes the work< or

P the whole or part of the work contracted to be undertaken by thecontractor at the premises is to the eternal fabric or other eternal part ofa building or structure< or

P it is carried out in a physically segregated area of the premises, theactivities normally carried out in that area have been suspended for thepurpose of enabling the construction work to be carried out, the contractorhas authority to eclude from that area persons who are not attending in

connection with the carrying out of the work, and the work is not themaintenance of insulation on pipes, boilers or other parts of heating orwater systems or its removal from them.

)b The installation, maintenance or repair of any gas system, or any work inrelation to a gas fitting.

)c The installation, maintenance or repair of electricity systems.

)d 7ork with ionising radiations ecept work in one or more of the

categories set out in &chedule # to the Ionisin' (adiations (e'ulations1;2.

4. The use of ionising radiations for medical eposure

6. 0ny activity in premises occupied by a radiography undertaking in whichany work with ionising radiations is performed

B. 0gricultural activities, and any activity at an agricultural show, whichinvolves the handling of livestock or the working of agricultural e8uipment

. 0ny activity on board a seagoing ship

@. 0ny activity in relation to a ski slope, ski lift, ski tow or cable car

1-. Hish, maggot and game breeding ecept in a zoo

11. 0ny activity in relation to a pipeline within the meaning of regulation #of the @i%elines Safety (e'ulations 1;;6

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1". The operation of a railway.

*n addition the '&E is the enforcing authority for the following:

• 0 county council• 0ny other local authority• 0 parish council• 0 police authority or the 5eceiver of the (etropolitan =olice• 0 fire authority• 0 head8uarters designated for the purposes of the Inte"national

Head5ua"te"s and Defene O"'anisation At 1;6*• 0 service authority of a visiting force within the meaning of the

4isitin' Fo"es At 1;2$•

The ?nited Fingdom 0tomic Energy 0uthority• The 3rown

Health and Safety +o##ission: This consists of a chairman and between siand nine members, appointed by the &ecretary of &tate. 2efore makingthese appointments, the &ecretary of &tate must consult such organisationsrepresenting employees and employers as he considers necessary. Threemembers may be appointed from each sector. The &ecretary of &tate mayalso consult organisations representing local authorities and professionalbodies, etc. as he considers necessary. 0 deputy chairman may also be

appointed.

$eneral %unctions of the HSC: *t is the general duty of the 3ommission todo such things and make such arrangements as it considers appropriate forthe general purposes of the 0ct. *n particular, it is re8uired:

P To assist and encourage persons concerned with matters relevant to thegeneral purposes of =art * of the 0ct to further those purposes<

P To make arrangements for research and the publication of the findings of

such research, the provision of training and information in connection withthose purposes, and to encourage others to do the same<

P To make arrangements to ensure that government departments, employersand employees )and organisations representing them and other personsconcerned, are provided with an information and advisory service< P Tosubmit from time to time particulars of what it proposes to do for thepurpose of performing its functions.


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unions, all Directorates in '&E, +ocal 0uthority environmental healthofficers and also other health care professionals. Employment (edical0dvisers have similar powers to '&E inspectors.


162 The %o.e"s of ins%eto"s unde" the HS0 At

Enforcement of health and safety at work legislation is governed by aseries of measures, the principal of which is The 'ealth and &afety at7ork 0ct 1@B$. 2oth the 0ct and 5egulations made under the 0ct canprovide for enforcement.

Enforcement of health and safety at work legislation is the responsibilityof various authorities including the &ecretary of &tate, The 'ealth and&afety 3ommission )'&3, The 'ealth and &afety Eecutive )'&E, localauthorities, fire authorities, the Environment 0gency and the &cottishEnvironment =rotection 0gency. 7e shall concentrate on theenforcement powers of the '&3, '&E and local authorities.

N This is another instance where the onus of proof is shifted onto theaccused. ou should remember that a similar situation occurs wheneveran 03O= is introduced in evidence.

The '&3 and the '&E were established by section 1- of The '&7 0ct.

The '&3 consists of a 3hairman and between si and nine other membersappointed by the &ecretary of &tate. The members are selected torepresent employers, employees and other interest groups.

The '&E consists of three persons, one of whom is appointed by the '&3,with the approval of the &ecretary of &tate, to be the Director %eneral ofthe '&E.

*n general terms, the '&3 is a policy body and the '&E is its enforcementarm. The '&3, for eample, will decide if new legislation will bere8uired to implement European Directives and will target industries andactivities which '&E need to concentrate upon. *n addition, the '&3 hasthe power to produce and issue 0pproved 3odes of =ractice.

*n order to perform its enforcement role, the '&E has to appointspecialist and general inspectors to work on its behalf. These inspectorsare granted certain rights under the '&7 0ct< inspectors are issued with

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warrant cards by the '&E.

*n addition, local authority environmental health inspectors carry out

certain roles of behalf of the '&E. *n general, '&E inspectors enforceindustrial premises and fairgrounds, whereas local authority inspectorsenforce commercial premises, retail premises and food premises.

The above division of enforcement responsibility is provided for insection 1 of the 0ct with the precise division of responsibility beingcontained in The 'ealth and &afety )Enforcing 0uthority 5egulations1@@.

@o.e"s of ins%eto"s

The appointment of inspectors is governed by section 1@ of the 0ct. Thepowers of inspectors are contained in section "-< these can briefly beoutlined as follows:

• To enter premises at any time they deem to be reasonable• To take along a police constable if they believe they will be

obstructed• To take along another person and any e8uipment )perhaps a

specialist inspector•

To eamine and investigate• To direct that premises and anything within them be left undis

turbed• To take measurements and photographs and make recordings• To take samples• To order the dismantling or testing of any article or substance

which appears to have caused danger )only damaging or destroyingit where necessary

• To take possession of and detain an article or substance )foreamination, to ensure it is not tampered with and to ensure it is

available in evidence for any proceedings• To re8uire any person to answer 8uestions and to sign a declaration

of the truth of the answers given• To re8uire the production of books and documents for the purpose

of inspection and copying• To re8uire any necessary facilities and assistance• 0ny other powers which are necessary

?nder section "4 of the 0ct, an inspector has the power to renderharmless an article or substance which is a cause of imminent danger of

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serious personal in;ury.

Enfo"e#ent noties

*t is important to be clear about the difference between the two types ofenforcement notice that can be issued:

• *mprovement notices• =rohibition notices

There is a popular misconception that these are issued in a hierarchicalway, with an improvement notice being issued first, followed by aprohibition notice if the improvement notice is not complied with.

This is totally incorrect.

Each notice has a strict criteria related to its issue which the inspectormust conform to< the reason for the issue of the notice being completedon the notice itself. The following are the key points to remember:

I#%"o!e#ent noties >setion $1 HS0 At?

• 3ontravention of a relevant statutory provision at the time of issue• 3ontravention in the past which is likely to be continued or

repeated• 0n appeal against the issue of the notice must be made to an

industrial tribunal within "1 days of the issue of the notice• The notice is suspended while the appeal is being heard

@"ohi7ition noties >setion $$ HS0 At?

• 0 risk of serious personal in;ury!illness• 0n appeal against the issue of the notice must be made to an

industrial tribunal within "1 days of the issue of the notice• The notice stays in effect during the appeal

Su##a"y offenes3 indit#ent

&ection ## of the 0ct outlines the range of offences which can be triedeither summary or by indictmentN. The main points can be brieflyoutlined as follows:

Su##a"y offenes

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• 3ontravening an investigation• 3ontravening a re8uirement imposed by an inspector• =reventing someone answering an inspectorQs 8uestions• *ntentionally obstructing an inspector•

Halsely pretending to be an inspector

Eithe" .ay offenes >su##a"y o" indit#ent?

• Hailing to carry out sections "U@ of the 0ct• 3ontravening any regulation made under the 0ct• 3ontravening an enforcement notice• *ntentionally making false statements• (aking a false entry in a document etc• Hailing to comply with a 3ourt order•

Horging a document• Offences related to licences, eplosives and information to be

provided to inspectors etc

7ith regard to the punishment related to the above offences, it isanother popular misconception that prison sentences are available for allbreaches of health and safety legislation. This is not the case prisonsentences are only available for a very limited range of offences, usuallyassociated with nonobservance of notices or 3ourt orders. 0 brief outlineof the punishmentN associated with health and safety offences are

contained below:

Su##a"y offenes

• 2reaches of sections "U6 of the 0ct: "- --- per offence• 0ll other offences: 4--- per offence• &i month maimum prison sentence for a small range of offences

)mainly noncompliance with notices

Indit#ent

• ?nlimited fines• 0 maimum of two years imprisonment for a limited range of

offences< )noncompliance with notices and licences etc

N These are current at the time of writing, but are set to increase in thenear future.

othing can replace the eperience of visiting a 3ourt when a health andsafety case is taking place and observing the law which you have read

about being put in action. *f you have time and a case is coming up, to

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help your understanding please try to attend.


uestion 111

The powers of inspectors included: entering premises at areasonable time, to take photographs, copying documents and toundertake investigations.

True

Halse


uestion 11$

The maimum fine for breaches of sections "6 of '&70 with the

magistrates court is SSSSS per offence.

1,---,---

4,---

unlimited

"-,---


1< A f"a#e.o", fo" health and safety #ana'e#ent

This section summarises the key messages of the publication#uccessful health and safety management )'&%64 which retains the

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well received framework for managing health and safety, as well asproviding improved guidance on:

• =lanning for health and safety<•

0ccident and incident investigation<• 'ealth and safety auditing.

This section also eplains what is involved in good management ofhealth and safety, although this is only in brief as these elements willbe covered further in other units.

8ey ele#ents of suessful health and safety #ana'e#ent

Taken from #uccessful health and safety management 1#:(3-

0hy #ana'e health and safety

0s we mentioned in week 1, every working day in %reat 2ritain atleast one person is killed and over 6--- are in;ured at work. Everyyear three8uarters of a million people take time off work becauseof what they regard as workrelated illness. 0bout #- million workdays are lost as a result.

0ccidents and ill health are costly to workers and their families.

They can also hurt companies because, in addition to the costs of

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personal in;uries, they may incur far greater costs from damage toproperty or e8uipment, and lost production.

7ith very few eceptions, employers have to have liability insurancecover for in;uries and ill health to their employees. They will alsohave insurance for accidents involving vehicles and possibly thirdparty and buildings insurance.

'owever, insurance policies only cover a small proportion of thecosts of accidents. 3osts not covered by insurance can include:

• &ickpay<• Damage or loss of product and raw materials<•

5epairs to plant and e8uipment<• Overtime working and temporary labour<• =roduction delays<• *nvestigation time<• Hines.

5emember the RicebergQ think of the cost accidents, with thema;ority of the losses uninsured and hidden below the water line.

This section lists five steps to successful health and safety

management . 2enefits to business that follow them include:

• 5educed costs of in;uries, illness, property and e8uipmentdamage

• Hewer stoppages• 'igher output and• 2etter 8uality

2y complying with the law and avoiding fines the business will avoiddamaging publicity. 0n organisation can not be a >8uality>

organisation unless it applies sound management principles to healthand safety.

*nspectors visiting a workplace will want to know how health andsafety is managed. *f an accident occurs: employers, employees,systems and procedures will come under scrutiny.

STE@ 1: Settin' @oliy

The same sorts of event that cause in;uries and illness can also lead

to property damage and interrupt production so an emphasis is on to

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control all accidental loss. *dentifying hazards and assessing risks,deciding what precautions are needed, putting them in place andchecking they are used, protects people, improves 8uality, and

safeguards plant and production.

0 health and safety policy should influence all activities, includingthe selection of people, e8uipment and materials, the way work isdone and how an organisation designs and provides goods andservices. 0 written statement of policy and the organisation andarrangements for implementing and monitoring shows staff, andanyone else, that hazards have been identified and risks assessed,eliminated or controlled.


1< A f"a#e.o", fo" health and safety #ana'e#ent >+ont?

STE@ $: O"'anisin' staff

To make an effective health and safety policy an organisation needsto get staff involved and committed. This is often referred to as a

>positive health and safety culture>.

The fou" C+sC of %ositi!e health and safety ultu"e

1. +o#%etene: recruitment, training and advisory suppor

element 2 nebosh igc 1

Documents