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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