Topic guide 6.1 Establishing and maintaining health and ... · PDF file6.1 Estalishing and maintaining health and safety awareness ... industry is the provision of ... 6.1 Establishing

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Unit 6: Maintaining systems for health, safety, welfare and environmental protection in the workplace

The Health and Safety at Work Act (Section 2 (2) (a)) requires that employers should ‘provide and maintain plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health’. To achieve this, a safe system of work needs to be established. A safe system of work can be defined as a formal procedure established by a systematic examination of a task in order to identify all the hazards. A rigorous management system can form a solid basis for a positive health and safety culture within an organisation.The safe system should be made known to staff through written procedures, training and at regular meetings.

This topic guide will cover: • legislation • the health and safety management system.

LinksThis topic guide links to:

HNC in Construction and the Built Environment Unit 6: A.C. 1.1, 1.3 and 2.1.

Establishing and maintaining health and safety awareness6.1

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6.1: Establishing and maintaining health and safety awareness

1 LegislationStatutory legislation forms the framework for all health and safety policy. This policy has been developed over decades to rationalise the disparate requirements for health and safety in the workplace. These requirements are sometimes enforced by the courts. Contravention can lead to injury or death, and can result in heavy financial penalty and even imprisonment. There are two enabling acts that form the basis of all health and safety at work regulations. These are outlined in the section that follows.

The Health and Safety at Work Act 1974The Health and Safety at Work Act was created to bring together a patchwork of health and safety regulations that had been created over the years and which were disjointed and hard to comply with or enforce.

It has evolved constantly since it was first introduced in 1974, taking into account changing working practices, technology and the workplace itself. An example of this evolution is the development of the modern office filled with computer equipment. Seating, lighting and the positioning of Visual Display Units (VDUs) have become a health and safety issue, and the Act was amended to take this into account, albeit in a very general way.

The main thrust of the Health and Safety at Work Act is that it places a duty of care on employers to take responsibility for the health and safety of their employees. However, it is also the responsibility of the employee to cooperate in health and safety matters.

The Management of Health and Safety at Work Regulations 1999The Management of Health and Safety at Work Regulations interpret the high level requirements of the Health and Safety at Work Act 1974 into a set of actions to be taken by an employer and employee in order to implement the requirements of the main Act. The regulations state what needs to be carried out to implement and maintain a safe and healthy workplace but do not give any detail as to how this can be done. This is either described in other, more specific, regulations or is down to the discretion of the employer and their health and safety representatives and officers. The main requirements of these regulations are outlined below.

• Risk assessment – a system by which hazards are identified and controls put in place to alleviate the risk from those hazards. This topic is discussed in more detail in Topic guide 6.3.

• Training – all staff should be trained, not only to carry out their own duties correctly, but also in safe working practices generally. An example of the application of this requirement in the construction industry is the provision of on-site health and safety training for anyone intending to enter that site.

• Preventative measures – rather than wait for an accident to happen before improving the workplace, employers have to make sure that measures are put in place to prevent the accident.

Key termsLegislation – laws that have been debated and approved by the government, and entered into the statute book (hence the term ‘statutory instruments or regulations’). Legislation represents the legal building blocks of our society. It is presented as Acts of Parliament.

Enabling act – authority to a government-sponsored body to carry out the necessary actions to meet its responsibilities. In the case of health and safety, an enabling act, such as the Health and Safety at Work Act, grants the state the power to issue the regulations needed to provide and maintain a safe and healthy workplace.

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• Assistance in maintaining health and safety – an employer should appoint people who will assist in the provision and maintenance of health and safety: an example would be safety officers and representatives. One method is to establish a health and safety management system.

• Health surveillance information – health and safety information must be readily available to staff members.

• Employees’ responsibilities – employees are also responsible for the maintenance of health and safety within their company and must cooperate with their employer.

• Emergency procedures – formal procedures must be put in place to minimise the risk from an emergency such as fire or chemical spillage. The staff must be made aware of these procedures.

• Cooperation with other companies – companies must cooperate with each other in the implementation and maintenance of health and safety. The construction site is a good example of a place where different trades and organisations come together on a single project.

Requirements for the protection of expectant mothers and young persons in the workplace are also included in these regulations.

Portfolio activity (1.1, 1.2)Check that five of these requirements are being met within your organisation. If so, how are they being met? A sample form with a completed example is shown below.

Management of Health and Safety At Work Regulations compliance proforma

Requirement How it is met Responsibility

Risk assessment Three risk assessments examined

All relevant information entered

Signed-off with a review date

Risk assessments raised by operatives responsible for the work area or procedure

Construction (Design and Management) Regulations 2007 (CDM)The CDM regulations are fundamental to a safe and healthy construction industry. They cover a wide range of construction site activities and issues, and are intended to influence the designer, client and those involved in the actual construction work. These regulations extend beyond the design and construction process to the actual use of the finished building. CDM regulations, therefore, take effect at the very outset of the design, construction and handover process. They demand that health and safety considerations and risk elimination are built into every stage of a construction project. The major part of these regulations deals with the requirements for construction project health and safety. These regulations divide those involved into a set of major roles and outline their responsibilities.

Client

The client is the person or organisation ordering the work. The client must appoint a CDM coordinator. It is also the client’s role to select a contractor who has the necessary competence to carry out the work safely and effectively.

Key termManagement system – a formal structure developed to control the various processes within an organisation. This can be project management, change control, problem handling and, in this case, the provision and maintenance of health and safety. A management system must be recorded with all responsibilities and their interrelationships clearly stated and shown. ISO 9000 is an international standard applied to management systems.

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Designer

The CDM regulations consider a designer to not only be someone who has the title as their profession, but those working as architects, engineers and quantity surveyors. The CDM regulations use the term to describe anyone who prepares:

• design drawings • specifications • bills of quantities.

The designer’s responsibility under the terms of the CDM regulations is to eliminate risk at the design stage; in other words, to complete a design that will minimise risk to those working on the construction of the project and to those who will be using it afterwards. The designer must also provide information about any risk that remains. If a project has to be notified to the Health and Safety Executive (HSE), the designer must make sure that the client is aware of their duties and also ensure that a CDM coordinator has been appointed. They must also provide information for the health and safety file if the project is notifiable.

CDM coordinator

The CDM coordinator works with both the client and contractor on all aspects of the project, including health and safety, and welfare. The coordinator must not allow any work to commence until all necessary welfare facilities are in place. Preparation and maintenance of a health and safety file is also included in the coordinator’s responsibilities.

Principal contractor

As the organisation carrying out the work, the principal contractor is responsible for providing welfare facilities, carrying out site health and safety induction and the maintenance of safe working practices and standards.

‘Working practices’ is a common term that describes the way work is carried out. It does not cover the details of the actual tasks and operations but the way they are accomplished. So, using a very simple example, good working practice around digging a hole with a spade would be concerned with:

• provision of good-quality and fit-for-purpose tools • clear instructions as to the location and dimensions of the hole • provision of adequate resources to dig the hole and remove waste soil • provision of appropriate personal protective equipment (PPE) • all people involved being sufficiently trained to carry out the job • everyone involved knowing what to do in the case of an accident

or emergency.

Safe working practices and standards include the following measures. • Excavation – making sure that trenches and other excavations are safe from

collapse and flooding, and the need for regular inspection. • Emergency procedures – arrangements for dealing with emergencies and

accidents must be drawn up and ready for implementation when needed. • Firefighting and detection – where appropriate, there should be fire detection

equipment fitted. Firefighting equipment such as extinguishers must be readily available and employees must be trained in their use.

Key termNotifiable – some construction projects must be notified to the HSE. The HSE criteria states that notifiable projects will:

• last longer than 30 days • exceed 500 person days of

construction work.

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• Stability of structures – this applies to any existing part of a building on which construction work is being carried out, as well as temporary structures such as scaffolding (see Figure 6.1.1). Existing structures must not be made unsafe by the works and temporary structures must be stable and secure.

• Vehicles and traffic routes – vehicles must only be used for the purpose for which they are intended, and operated by trained personnel. Traffic routes around the site must be segregated and indicated clearly to protect pedestrians.

• Welfare – dedicated toilet and washing facilities must be provided on site. There must be hot water, soap and a means for drying hands.

Working level

Figure 6.1.1: Fixed scaffolding.

Portfolio activity (7.1)List the information that must be passed on to the HSE for a notifiable construction project.

Statutory instrumentsOtherwise known as statutory regulations or documents, these are regulations owned and enforced by the HSE. The two types of statutory instrument are:

• substantive – specific regulations which apply to a business or activity and show steps that can be taken to make the workplace safe

• administrative – specifying enforcement powers, for example the revocation or amendment of existing regulations.

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Codes of PracticeAn Approved Code of Practice is a method of translating the higher level requirements of statutory regulations into practical actions that must be adhered to or carried out.

Most statutory documentation is accompanied by an Approved Code of Practice which details how compliance with the regulations can be achieved in practical terms.

An Approved Code of Practice does have a legal status. If an employer is prosecuted for a breach of health and safety law, and it can be proved that they have not followed the requirements of the relevant Approved Code of Practice, they can be found at fault. The Code of Practice is, in effect, an expert witness in a court of law. If you do not comply with the Code then, by default, you have not complied with the regulations it represents.

2 The health and safety management systemProvision 5 (1) of The Management of Health and Safety at Work Regulations 1999 states that ‘Every employer shall make and give effect to such arrangements for the effective planning, organising, control, monitoring and review of preventative and protective measures.’ The Regulations also state in provision 7 (1) that the employer must appoint people to assist in the management of health and safety, and provide ‘appropriate procedures to be followed in the event of’ an emergency.

In other words, there must be a management structure developed to implement, monitor and enforce health and safety policies within the organisation. These policies should be based on a ‘prevention is better than cure’ philosophy and be effective but not so heavy-handed that they contribute to a negative health and safety culture. Health and safety is everyone’s responsibility and, to encourage this, the appointment of individuals to the roles required to make the system work should extend to every area of the organisation. These roles are shown in Figure 6.1.2.

Chief executive

Safetyrepresentative

Fire warden First aiders

Safety manager

Safety officerOccupational health

administrator

Figure 6.1.2: An example of a typical health and safety organisation chart.

Key termExpert witness – a professional with sufficient experience and credibility to be trusted to advise a court of law on a specific technical or scientific point.

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Safety managerA member of the management team, perhaps even the company’s chief executive, the safety manager is ultimately responsible for an organisation’s compliance with health and safety legislation. The main duties are outlined below.

• Act as health and safety champion. • Collect and analyse data. • Ensure the health and safety process within the organisation is formally and

comprehensively documented. • Work closely with occupational health advisers and human resources. • Work closely with employees and their representatives. • Become a source of expertise in undertaking risk assessments. • Take an active part in health and safety training for managers.

Execution of these duties may be delegated to a member of the senior management team. However, even if this is the case, the head of the organisation bears the final responsibility in the event of a breach of regulations that leads to an incident.

Occupational health services (OHS)The number of OHS representatives, and the structure of this branch of the organisational tree, will depend on the size and complexity of the organisation itself. There is a general occupational health service available to organisations. The duties of occupational health personnel include:

• giving advice on health in the workplace • carrying out or organising periodic health checks • carrying out health checks prior to someone taking up employment • offering health monitoring and advice for those returning to work after illness

(often arranging for a slow, controlled return to duties rather than a sudden full return which can cause additional problems, or even a relapse).

Occupational health services monitor the workplace in terms of welfare and safety. Among the areas they monitor are:

• ergonomic factors relating to workers’ safety and health • psychological factors, particularly those that induce stress • hygiene • the provision of PPE, risk assessment and general health and safety issues.

Safety officerThe safety officer is the visible face of health and safety within an organisation or worksite. Safety officers carry out inspections and have the authority to order improvements. In many larger organisations this may be a full-time role. In other organisations they may have other responsibilities, of which health and safety is part. Main duties include:

• arranging training for employees • keeping up to date with current legislation and practices • making sure information is available and, where appropriate, clearly displayed • carrying out regular inspections • maintaining and controlling accident records.

Key termChampion – in the context of health and safety, a champion is someone who is appointed to keep awareness of the issue high, to represent its interests to those in authority, and to make sure health and safety policies and regulations are implemented and enforced.

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Safety representativeUsually members of the workforce, and more particularly a trade union, safety representatives have responsibility for ensuring that their own particular part of the organisation or workplace is safe. A safety representative should also report health and safety issues back to the management, usually via the safety officer. Main duties include:

• representing members on health and safety issues • representing members during HSE inspections • inspecting their own designated work area on a regular basis • investigating complaints, hazards and any other health and safety matters

raised by their members.

First aiderFirst aiders are usually staff members who have been trained in first aid and are available on an on-call basis to attend any accidents that occur in the workplace. They form the first line and their task is to control the situation and prevent further injury or worsening of the patient’s condition. For example, if the patient is bleeding severely, then the first aider’s initial task will be to staunch the bleeding so that the patient does not lose consciousness or even die from loss of blood.

Details of first aiders must be clearly displayed throughout the work area. First-aid training must be regularly updated and carried out by an approved first-aid training organisation. All staff benefit from regular basic first-aid training.

The employer must complete an assessment of the organisation’s first-aid needs. They must ensure that there is an appointed person who is responsible for all first-aid arrangements and, if necessary, make sure that there are suitably trained first aiders. The appointed person does not have to be a first aider or undertake first-aider training. Their role is a supervisory one.

Fire wardenIn the event of a fire, staff will need to evacuate a building or area and assemble at the predetermined point, which must be out of harm’s way. The person responsible for overseeing the evacuation and for taking charge at the assembly point is the fire warden.

Among a fire warden’s duties is the taking of a register of names in order to establish that all staff are clear of the danger zone. They also disseminate information to staff on matters related to fire safety.

In summary, when the fire alarm sounds, the fire warden’s main duties are as follows.

• They must not put themselves at risk in carrying out their duties. • They should check all areas such as rooms, toilets and store rooms within

their designated area. • They should encourage people to leave the building by the nearest

available exit in an orderly manner and direct people to the appropriate assembly point.

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• They should not use physical force or become involved in confrontation. If they become aware of somebody remaining in the building, then they must inform the fire brigade when they arrive.

• They should assist security staff in manning external exits. • They should make sure that any disabled persons are safely evacuated (there

should be designated helpers for each disabled person in the event of an emergency).

On a day-to-day basis, the fire warden is responsible for ensuring that fire exits are not obstructed, extinguishers are in place and call points are not damaged or obstructed.

EmployeeEmployees also have responsibilities within the health and safety management system. They should abide by the organisation’s health and safety policy and use any safety equipment, such as PPE, made available to them, to work in a safe manner using the correct tools, equipment and materials. Employees should also attend any training provided for them.

ActivityObtain an organisational structure for your own organisation. Speak to each person within that structure and find out exactly what they understand their duties to be. Is the health and safety management system within your organisation complete? Are there any roles that need to be included?

Portfolio activity (1.1)This assessment criterion asks you to ‘develop initiatives which encourage a health, safety, welfare culture and consideration for the environment’.

Carry out a fact-finding exercise to find a copy of the company’s health and safety policy. Then conduct a mini audit on the observable health and safety practice/precautions that the company currently undertakes. Pay attention to fire exits, extinguishers, efficacy of existing health and safety signs and posters, and current workshop practices.

Portfolio activity (1.1 and 1.2)Organise and run a short campaign to help staff understand the shortfalls in the company’s health and safety practice and to develop ways of improving the situation. The idea is to get staff thinking about the importance of health and safety in the workplace as an issue that is important to, and for, them, rather than simply presenting them with a set of rules and regulations. The awareness campaign could be condensed into a single day of activities or spread over a number of days. Ideas for events could include:

• guest speakers • films • open forums where employees can discuss their view of health and safety and how the issues

raised can be dealt with • first-aid training sessions • work-specific training sessions, such as correct ladder erection and manual handling • syndicate groups to discuss accident scenarios and how the accident could have been avoided.

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Checklist At the end of this topic guide you should be familiar with: your company’s health and safety management structure your company’s health and safety policy the name of your occupational health services contact.

If your company is small, you should be aware of how your manager would address these items: the role of the occupational health service and how to contact them the organisation’s health and safety policy and management structure how to contact the occupational health service and speak with a representative.

Further reading and resourcesHealth and safety management systems (guidance): www.hse.gov.uk/managing/health.htm

Managing health and safety – five steps to success: www.hse.gov.uk/pubns/indg275.PDF

Hughes, P. and Ferrett, E., Introduction to Health and Safety in Construction, Fourth Edition (Butterworth-Heinemann, 2011) ISBN 9780080970684

AcknowledgementsThe publisher would like to thank the following for their kind permission to reproduce their photographs:

Shutterstock.com: sevenke (1)

All other images © Pearson Education

We are grateful to the following for permission to reproduce copyright material:

Pearson Education Limited for Figure 6.1.2 from Level 2 and 3 Diploma in Electrical Installations (Buildings and Structures) Candidate Handbook by Terry Grimwood and Andy Jeffrey, 2013, p.99, copyright © Pearson Education Ltd; The Management of Health and Safety at Work Regulations, © Crown copyright 1999.

Every effort has been made to trace the copyright holders and we apologise in advance for any unintentional omissions. We would be pleased to insert the appropriate acknowledgement in any subsequent edition of this publication.

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Topic guide 6.1 Establishing and maintaining health and ... · PDF file6.1 Estalishing and maintaining health and safety awareness ... industry is the provision of ... 6.1 Establishing