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    Health & Safety at

    Work act etc 1974

    Section 2

    2.1 General duty to ensure so far asreasonable practicable thehealth & safety of employees

    2.2a Provision & maintenance ofsafe plant & SSOW

    2.2b Safe use, handling, storage andtransport of materials

    2.2c Information, Instruction, Trainingand Supervision

    2.2d Safe access and regress

    2.2e Adequate safe facilities

    2.3.3Policy2.2.4/5 Safety rep

    2.2.6Consultation with safety reps

    2.2.7Establish committee ifrequested by 2 reps in writing

    Section 3

    Public contractor

    Visitors disclosure of information

    Section 4

    Sharing workplace

    Section 5

    Emission

    Section 6

    Manufacturers

    Section 7

    Employee duty

    Section 8

    Employees not to interfere

    Section 9

    Charge for PPE

    Section 33Not to obstruct inspector

    Section 37

    Prosecution of Director /Managers

    Health & Safety at Work act etc 1974

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    Whistle Blowing

    Prescribed People

    -Union Safety rep-Employer

    -H&S advisor

    -Professional body

    -HSE

    Law = The Public InterestDisclosure act 1998

    Employee good faith

    Employees must have

    reasonable belief of oneor more of the following

    Breach of legal obligation

    A criminal offence

    Miscarriage of justice

    Danger to the H&S of anindividual

    Danger to the environment

    Protected disclosure

    Whistle Blowing

    Prescribed people

    Employee good faith

    Employees

    protectedagainst

    -loss of job

    -victimisation

    -if job lost,case for

    unfairdismissal

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    Domino Theory

    Event 5Effect - injury

    Heinrich / Bird Loftus

    Natural culmination of aseries of events leadsto a preventable injuryoccurring

    Chain of events

    Remove as to preventaccident

    Event 1

    Ancestry / social environment

    Event 2

    Fault of person

    Domino Theory

    Event 4

    Accident

    Event 3

    Unsafe act or condition

    Bird & Loftus developed Heinrich model to include management influenceBenefits

    Structured accident investigation

    Bird & Loftus version encourages the search for underlying causes

    Limitations

    Simplistic straight chain thinking

    Heinrich model restricts the findings of underlying causes

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    Reducing the risk of component failure

    Reduce the risk of component failure

    Burning in

    Regular inspection

    Monitoring of conductions ,e.g.. temp

    Planned replacement

    Information, e.g.. Life span

    Component design

    Collection of failure information

    Introduction of parrelet systems

    Standby systems

    Planned preventative maintenance

    Life Span

    Failure mode analysis

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    Factors that affect perception

    Factors that affect perception

    Age

    Experience

    Physical ability

    Personality

    Attitude

    IntelligenceInformation received

    Knowledge

    Design & ergonomics

    Knowledge & experience

    Training

    Senses

    Environmental factors, e.g. noise

    Drugs & alcohol

    Fatigue e.g.. Shifts

    Nature of hazard

    Visual

    Audio

    Smell

    Feel

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    Gaining Workforce Commitment

    Gaining Workforce Commitment

    Training

    Leading from the front

    Finding out reasons for resistance

    Consultation with employees

    Use of step by step instructions

    Setting out clearly the reasons and benefits of the proposed change

    Produce positive feedback

    Get everyone involved

    Demonstrate weakness in existing system

    Get their input

    E.g. pilot schemes

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    Accident Interview

    Techniques

    Accident Interview TechniquesPut person at easeby explainingpurpose ofinvestigation

    Take notes

    May need to adjustlanguage forwitness

    Interview person at

    the scene ifpossible (propseasily available,help memory)

    Invite witness to

    haveaccompanyingpersonInterview ASAP

    after the event

    Careful Question Phrasing

    What happenedWhat did you see

    What times

    Where

    When

    How

    Who

    Not why

    Listen withoutinterruption

    Repeat witnessaccount back tothem to check that

    it is fullyunderstood

    Finish interview ona positive note perhaps whatwitness thinks can

    be done to improve

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    Benefits of staying

    with HSG65

    Benefits of staying with HSG65Existing systemmay be workingwell

    HSG65 is used bythe enforcingbodies

    HSG65 wascreated to addressthe requirements of

    Reg5 MHSR99

    Organisation couldbe exposed duringchange over

    Cost of changeoverIncreased

    paperwork

    OHSAS model may be too

    sophisticated for smallercompanies

    Audits aregenerally carriedout by health &safety specialist

    No cost forcertificates /maintaincertification

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    Consideration whendeveloping an audit

    program

    Consideration when developing an audit program

    Applicable legislation Resource requiredto audit

    Training for auditor

    Frequency ofaudits

    Aspects to beaudited e.g..Elements ofHSG65

    Time required

    Scoring system

    feedback

    Monitoring systemsfor results

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    Benefits of

    OHSAS18001

    Benefits of OHSAS18001

    External regulatione.g.. customer

    Customer demand

    Recentlyaccredited to ISOstandard (2007)

    Internationalrecognition

    External

    assessment

    More prescriptivesystem

    Clearer standardfor benchmarking

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    Benefits ofIntegrated

    Management

    Systems

    Benefits of Integrated Management Systems

    Team approach

    Improved and/or equalculture for allstandards/disciplines

    Reduction in costs

    Combined audits

    Less duplicates

    Same format used

    Combinedinformationsystems

    Equal influence

    Holistic approachto riskmanagement

    Equal businesspriority

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    Benefits ofSeparate

    Management

    Systems

    Benefits of separate management systems

    Existing systemsmay work well

    One discipline mayrequire a morecomplex system to

    meet business needs

    Health & Safety /Environmentalhave a minimumlegal requirementPotential loss of

    professionaldisciplines required

    Customer demand

    ISO/OHSASrequired

    Complex auditing

    Business exposure

    during integrationperiod

    Resistance tochange

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    Multiple causation

    Multiple causation

    May be more usethan one underlyingcause

    Not only if happens insequence

    Thorough accident

    investigationrequires all causeto be identified

    Look at all factorsincluding culture,management

    Failings usuallyinteract with eachother causingincident, can bemajor

    Benefits

    Thorough accident investigation

    Identification of allunderlying causes includingeffects of managers and

    management systems

    Encourages the use of a more

    systematic accident analysis such

    as fault tree analysis

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    HSWA 74 &Disabled person

    considerations

    HSWA 74 & Disabled person considerations

    Section 2

    1. General duty H&Sof employees

    Safe access andregress

    Nature of disability

    Adaptation ofSSOW to suit

    Appropriate meansof training &providinginformation

    Workplace circumstances

    Safe plant

    Reasonablypracticable measuresto ensure safe

    Welfare provisions

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    Disabilitydiscrimination act &

    Disabled person

    considerations

    Disability discrimination act 1995

    Unlawful for employer todiscriminate against adisabled person when heemploys

    Not to discriminateduring recruitment

    Reasonableadjustments

    Premises, access/egress, welfare

    Emergencyprocedures

    Considereffectiveness ofmodifications.

    E.g. fire alarmeffectiveness

    Equal promotion prospects

    Workplace layout

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    Vicarious Liability

    Vicarious Liability

    Breach of civil lawCases

    Lister Vs Romford Ice& Cold Storage

    Hudson Vs Ridgemanufacturing

    (competent fellowemployees)

    Tort of negligencecommitted byemployee

    Defences

    Volenti non fit

    injuriesContributorynegligence

    Not acting withinscope ofemployment

    Not employed

    No injury orunforeseeable

    Employers liabilityinsurance

    Employee employed byemployer

    Employee acting incourse ofemployment

    Negligent actcause injury or lossto third party

    Means to payclaimant

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    Considerationswhen developing a

    near miss system

    Near miss systems

    Clearly definition ofnear Miss

    Who will report nearmisses

    Consultation with

    employee

    Building of a fairblame culture

    Ease of reporting,clear, straightforward format

    Training required

    Provision ofinformation,instruction andtraining

    Define reporting linesto ensure actions areimplemented

    Positive feedbackfor reporters

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    Purpose & Benefits

    of near miss data

    Purpose and Benefits of Near Miss Data

    Near misses havethe potential tobecome an accident

    Investigation of near

    misses and carrying outimproves/implementingpreventative measures

    Data analysis canshow trends andreoccurring issues indicates areas to

    improve

    Helps to identifyinadequate SSOW

    Identifiesinadequate training

    Shows management

    commitment throughaction follow up and feedback

    Proactive approachto incidentmanagement

    Identifies inadequatehealth and safetymanagement and/orelements of themanagement system

    Identifiesopportunities forimprovements

    Helps get everyoneinvolved in safety

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    Control design

    Design of controls

    Keep number tominimum A change of system

    state should onlyoccur after operationof a control

    System restarts

    should only occurafter operating acontrol

    Operating a control shouldrequire a positive action by

    the operator withimmediate effect

    Labels & shape put

    to effective use

    Controls should bekept next to thedisplay that givesthe reading of itsoutput

    Stop controls

    should be easy toactivate

    Arrange of controlsin sequence of use

    Space betweeneach control

    Easy to use e.g..

    Toggles / switches

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    Display design

    Design of Displays

    Digital for quantativeinformation

    Direct relationbetween readout andcontrol

    Lights used for

    status readings

    VDUs to showprocess overview

    Correct number ofcontrols, too manywill overloadoperators

    Dials with pointers to

    convey qualative readings

    Use of colours to giveclear indication of achange in state

    Emergencydisplays should beclearly identifiable

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    Characteristics Of APositive Safety

    Culture

    Characteristics Of A Positive Safety Culture

    Open communicationbetween managersand shop floor

    Managementcommitment

    Availability of funds

    and resources

    Strong participationby employees

    Mutual trust

    Leadership by managers

    Good quality ofhealth and safetytraining

    Potentially lowaccident rates

    Reporting ofhazards byemployees

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    Strategic role of

    H&S profession

    Strategic role of H&S profession

    Policy development andsetting of objectives

    Managing enforcingbodies

    Formulating &developingelements of theH&S managementsystems

    Auditing &

    identifying furtheropportunities forimprovement

    Advising senior managers

    Developing /agreeing plans forimprovement, shortand long term

    Involvement in

    reactive monitoringe.g. accidentinvestigation

    Ensuring

    organisation islegally compliantand keeping up todate with legislationchanges

    Developing stronggood safety culture

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    Employer responsible for

    negligent act of contract

    vicarious liability

    Employer responsible for negligent act of contract vicarious liability

    Case: Mersey docks &

    harbour boardVs Coggins & Griffiths

    Contractor undercontrol of employer

    Contractor carryingact over whichemployer has

    control

    Employer authorisesnegligent act

    Acting in course ofemployment

    Act caused harm orloss to third party

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    Requirement of

    Reg7 MHSR1999

    Requirement of Reg7 MHSR1999Person competent to

    advise

    Appoint one or more

    persons

    Number of andtime availablesufficient for size,risk and riskdistribution of thecompany

    Arrangements forcooperation if more thanone

    Provision ofinformation onhealth & safetyissues to externallyappointed(consultant)

    Preference is

    internalappointment

    Information on

    temporary workers

    Exemption forpartners if one ormore is competent

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    Typical client /contract for work

    carried out

    Typical client / contract for work carried out

    Contractor to maintainlegal compliance Provision of

    competent persons

    The requirementthat the contractorhas RAs,SSOW,MSs

    Employer liabilityinsurance

    The contractor /client supplies

    appropriate welfare

    Requirement toattend site H&S

    induction beforeworkers start workon site

    Define safety

    responsibilitiesbetween client &contractor

    Clients right to stopwork if unsafe

    Clients right tomonitor safetystandards ofcontractors

    Responsibilities foremergencyplanning

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    Limitations ofmeasuring H&S

    performance by

    accidents / incidents

    Limitations of measuring H&S performance

    by accidents / incidentsDoes not reflect chronichealth issues May take long time for

    data to provide trends

    Data is a measureof failure notsuccess

    Under reporting particularlywhen targets are set

    Historicperformance can

    not predict futureperformance

    Data measureseffectiveness of

    previous safetymeasures not newmeasures

    Accident data maybe small hence notbeing easy to seetrends

    Absence of incidentdoes not meangood procedures in

    place

    Data is subject torandom fluctuation

    Reactive

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    Elements of legallyenforceable

    contract

    Contracts

    An offer from one party& acceptance fromanother can be verbal orwritten The intention to create

    legal relations

    Parties involvedmust have legalcapacity to do soe.g.. adult

    Legal considerations

    Money

    Undertaking work/tasks

    Genuine consentgives the terms ofcontract e.g.. Nomisinterpretations

    Not mentallyincapacitated at thetime of the contract

    Contract must notbe to commit acrime

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    HAZOP

    HAZOP

    Design stage of processDefine scope

    Appropriate specialist

    Engineers

    Health & safety advisor

    OperatorsManagers

    Defined Hazop leader

    Team effort

    Process broken

    down into sectionsto analyse

    Identify possibledeviations fromnormal running

    Assess impact of

    deviationsNo flow

    Flow

    Identify possiblepreventativemeasures

    Create action planfor improvement

    Owner

    What

    When

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    Why a PTW system

    may not be used

    Why a PTW system may not be used

    Too bureaucratic

    Difficult system to use

    Lack of information,instruction, trainingand supervision

    Poor safety culture e.g..Routine work

    Too time consuming

    Permit not specificto task

    Absence ofcompetent personto authorise

    Potential hazardsnot fully identified

    Difficult to organisecontrol measures

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    Reasons toestablish effective

    consultation with

    employees

    Reasons to establish effective consultation

    with employeesStatutory requirement

    Health and safety(consulting withemployees reg 1996)

    Promotion of goodsafety culture throughemployee involvement

    Information fromshop floor

    Promote employeeownershipIdentification of

    improvementopportunities

    Improvingperception aboutvalue of H&S

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    ReasonablePracticable

    Balance of cost vs risk

    One factor must be grosslydisproportionate to the other

    Duty not as strict as Absolute or

    practicable

    CasesEdwards vs National coal board

    (shoring up of roadway) NCBfound liable as risk andconsequences was greater thancostMarshall Vs Gotham (gypsummine)

    Reasonable Practicable

    Decision is reached to implementprecaution or not after balancing

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    Reasons why accidentsshould be investigated

    Establish causes both immediateand underlying causes

    To ensure future preventativeactions can be defined andimplemented

    Investigation could provide useful

    information for evaluating thecosts of accidents

    Demonstrate managementcommitment

    Reasons why accidents should be

    investigated

    Assess compliance with legalrequirements

    Obtain information/evidence forany future civil claim

    Information gathered frominvestigation can be used toevaluate whether currentprecautions are adequate, alsoSSOW and existing riskassessments are they adequate

    Assess whether further trainingand/or supervision is required

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    Accident investigation

    Take photos, make sketches takemeasurements of scene

    Obtain and CCTV footage thatmay be available

    Identify environmental factors that

    could have contributed to theaccident e.g. poor light, noise, wetconditions

    Look at any RA/SSOW in place

    Accident investigation

    Look at any relevant proceduresthat are in place

    Interview all parties involvesASAP, e.g. injured party,witnessess

    Look at training records that mayexist for people involved inaccident

    Identify immediatecauses/underlying causes

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    Analysing accidentinvestigation data

    Examine information objectivelyi.e with a view to identify thecauses

    Look at job factors involved e.g.distractions

    Look at any organisational factors

    which may have contributed

    Competence of person involvede.g. training/supervision

    Analysing accident investigation data

    Where procedures adequate e.g.RA/SSOW

    Existing health and safety culture

    Assess human factors that may

    have been involved e.g. fatigue,stress, alcohol

    Quality of supervision

    Plant/equipment factors e.g.serviceable/inspected

    Take into account any

    environmental factors that mayhave exited e.g. noise, light, aircondition

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    Gain Support Of WorkforceTo Improve Health And

    Safety Culture

    Consultation, co-operation,

    participation, competence,

    commitment

    Talk to the workforce, get theirinput

    Understand current employee

    perception of health and safety

    Have informal discussion, teammeetings etc

    Gain Support Of Workforce To Improve

    Health And Safety Culture

    Increase employee participatione.g. risk assessments. H & Smeetings

    Show management commitmentby leading from the front

    Set health and safety targets andcreate plans for improvement,communicate these plans to all ofthe workforce

    Introduce new consultation forums

    Demonstrate good resource for H& S

    Train them, - show the benefits of

    improved safety conditions

    Introduce new improved safetypolicy's and programmes e.g.behavioural safety programme

    Ensure positive feedback is given

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    Consideration For Emergency Planning

    Including COMAH Site Identification of roles and responsibilities of key individuals in the planning stage e.g. technical support, engineers,

    safety advisors, key managers

    Consider the quantities involved e.g. flammables stored

    Provision of information to local authorities

    Possible causes of major incident e.g. fire in flammable tank farm

    Estimating the likely extent of damage e.g. dispersion analysis of a gas release/explosion

    Staff and equipment required to control the incident/minimise impact, call out arrangements

    Setting up of an incident control team

    Resources needed to deal with incident e.g. specialists Raising the alarm both on site and off

    Evacuation for both site and nearby residents/shelter arrangements

    Training for staff in emergency plans arrangements

    Action to minimize extent e.g. shutting of service

    Search and rescue arrangements

    Notification of emergency services and HSE

    Control and management on site including roles and responsibilities for emergencies incident team

    Provision of information for emergency service e.g. location of hazards and potential impact Control of spillages/pollution, toxicity/flammability and possible adverse effects

    Clean up/decontamination procedures

    Dealing with the press

    Consultation with emergency services e.g. technical advice

    Emergency plan testing arrangements

    Establishing control centres

    Site plans information

    Business continuity

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    Human Failure

    Errors

    Not deliberate

    Violations

    deliberate

    Routine

    Normal way ofwork

    Situational

    Job pressureTime

    Rule not safe at

    time

    Incorrect

    equipment

    Exceptional

    Emergencysituations

    Something goes

    wrong

    Not carry out

    safely decisions

    taken, normally

    due to time wont

    allow

    Skill based errors Mistakes

    Doing the wrong

    thing believing it to

    be right

    Rule based

    Remember rules

    of familiar

    procedure

    Apply wrong rule

    Apply rules to

    wrong situation

    Knowledge

    based

    Unfamiliar

    circumstance

    Apply knowledge

    Eg mechanic

    Slips of action

    Actions not as

    planned

    Steps in wrong

    order

    Too soon

    Too late

    Too strong

    Too weak

    Up rather than

    down

    Lapses

    Memory

    Forget to carry

    out action

    Lose place in

    task

    Example forget to

    turn something on

    Human Failure

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    European Law

    Regulations

    Apply directly in member states

    Go straight into member law

    If conflict with National law European prevails

    Rarely used

    Directives

    Can be applied to all members or individual members

    Lay down objectives what achievement is required

    Directives have to be implemented by member states.

    Decisions

    Can be made by Council or commission

    Biding upon those they address Main use is to allow a member state to depart from a requirement of a EU treaty

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    Articles of Treaty of Rome

    Article 95

    Intended to remove barriers to trade/ensure unrestricted movement

    and sale

    Harmonised product standards

    E.g. Machinery Directive

    Article 137

    Setting of minimum standards of health and safety

    Harmonisation and improvement of workplace health and safety

    standards

    E.g. Frame work directive 6 pack

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    Procedure for making regulationsunder HSWA1974

    Power to make regs given tosecretary of state by section 15HSWA

    Subject matter of reg should fallwithin schedule 3 of the act

    Passed it no vote against

    HSC could make proposal tosecretary of state

    Procedure for making regulations under

    HSWA1974

    Consultation between secretaryand HSC and other relevantgovernment bodies must occur

    Proposals must lie before bothhouses of parliament for 40 days

    If vote against they are annulled

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    Cost vs

    Benefit Analysis asapplies to proposed regulation

    Identify overall value to society ofproposed regulation

    Comparison with cost ofimplementing the regulation

    Cost of benefit in terms ofprevention of death, injury and illhealth

    Cost vs Benefit Analysis as applies to

    proposed regulation

    Cot and benefits both convertedinto monetary values

    Cost adjusted for different timescales of implementation andbenefits that may occur

    Finally the calculated monetaryvalues are compared and a

    decision is reached

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    Ensuring Safety of other workerswhile construction work is

    undertaken

    Agree schedule/time frame forwork

    Provision of information on thingssuch as signing in/out procedures

    Ensure all waste removed

    controlled

    Presence of asbestos and controlmeasures

    Ensuring Safety of other workers while

    construction work is undertaken

    Site induction procedure

    PTW system may be required forabnormal activities

    Office employees fully informed oflocation and nature of work

    Monitoring of contractor healthand safety performance

    Establish emergency proceduresfor contractors and normal staff

    during the work

    Barrier area of, close sections

    where work carried out

    Safe storage of hazardousmaterials

    Contractors informed of any site

    hazards