GOOD MORNINGGOOD MORNING

Mr Manoj Nair Mr Manoj Nair

(Manu)(Manu)

““The Relevance of Health The Relevance of Health and Safety at Work Act and Safety at Work Act (1974) to work based (1974) to work based

learning”learning”

Health and Safety at Work Act?Health and Safety at Work Act?

The Health and Safety at Work Act 1974 The Health and Safety at Work Act 1974 (HASAW Act) or HASAW 74 or HSWA (HASAW Act) or HASAW 74 or HSWA 1974 lays down wide-ranging duties on 1974 lays down wide-ranging duties on employers and also responsibilities from employers and also responsibilities from employees.employees.

HASAW 74HASAW 74Employers must protect the 'health, safety and welfare' Employers must protect the 'health, safety and welfare' at work of all their employees.at work of all their employees.

However, these duties are qualified with the words 'so far However, these duties are qualified with the words 'so far as is reasonably practicable'. as is reasonably practicable'.

This means that employers can argue that the costs of a This means that employers can argue that the costs of a particular safety measure are not justified by the reduction in particular safety measure are not justified by the reduction in risk that the measure would produce. risk that the measure would produce.

It allows the government to issue Regulations, Guidance It allows the government to issue Regulations, Guidance and Approved Codes of Practice for employers. and Approved Codes of Practice for employers.

These set out detailed responsibilities for the employer in These set out detailed responsibilities for the employer in every aspect of workplace health and safety, from working every aspect of workplace health and safety, from working safely with computers, to stress and hazardous chemicals. safely with computers, to stress and hazardous chemicals.

HASAW 74HASAW 74The HASAW Act set up the Health and Safety The HASAW Act set up the Health and Safety Commission, and an inspectorate called the Commission, and an inspectorate called the Health and Safety Executive.Health and Safety Executive.

The Act introduced new powers and penalties The Act introduced new powers and penalties for enforcement against employers. for enforcement against employers.

The Act puts occupational safety at the heart of The Act puts occupational safety at the heart of official policy and future Regulations. official policy and future Regulations.

Employers' ResponsibilitiesEmployers' Responsibilities

The Act places a general duty to "ensure, The Act places a general duty to "ensure, so far as is reasonably practicable, the so far as is reasonably practicable, the health, safety and welfare at work of all health, safety and welfare at work of all their employees". their employees".

Employers must comply with the Act. Employers must comply with the Act.

They must……They must……

Employers' ResponsibilitiesEmployers' ResponsibilitiesProvide and maintain safety equipment and safe Provide and maintain safety equipment and safe systems of work.systems of work.

Ensure materials used are properly stored, Ensure materials used are properly stored, handled, used and transported.handled, used and transported.

Provide information, training, instruction and Provide information, training, instruction and supervision. Ensure staff are aware of supervision. Ensure staff are aware of instructions provided by manufacturers and instructions provided by manufacturers and suppliers of equipment.suppliers of equipment.

Employers' ResponsibilitiesEmployers' Responsibilities

Provide a safe place of employment.Provide a safe place of employment.

Provide a safe working environment.Provide a safe working environment.

Provide a written safety policy/risk assessment.Provide a written safety policy/risk assessment.

Look after health and safety of others, for Look after health and safety of others, for example, members of the public.example, members of the public.

Talk to safety representatives.Talk to safety representatives.

Employees ResponsibilitiesEmployees Responsibilities

Employees have specific responsibilities Employees have specific responsibilities too. They musttoo. They must

Employees ResponsibilitiesEmployees Responsibilities

Take care of their own health and safety Take care of their own health and safety and that of other persons. Employees may and that of other persons. Employees may be liable.be liable.

Co-operate with their employers.Co-operate with their employers.

Must not interfere with anything provided Must not interfere with anything provided in the interest of health and safety.in the interest of health and safety.

Stakeholders’ believe ( external)……Stakeholders’ believe ( external)……

Trainees continue to be Trainees continue to be more vulnerablemore vulnerable than others at than others at work.work.

ChangesChanges in work practice and technologies may in work practice and technologies may increase risks as supervision is spread more thinly.increase risks as supervision is spread more thinly.

Supervision in relation to Supervision in relation to H & SH & S of trainees is recognised of trainees is recognised as a prime factor in determining safe practices but is one as a prime factor in determining safe practices but is one that is that is not well understoodnot well understood..

There is a There is a much greater needmuch greater need for a combination of for a combination of enforcement and guidanceenforcement and guidance if improvements and if improvements and important changes have to be achieved in the field of important changes have to be achieved in the field of Health and SafetyHealth and Safety..

(Source: SME Survey, DTI 1991)(Source: SME Survey, DTI 1991)

Organisations’ belief (Internal)……Organisations’ belief (Internal)……

Leaving trainees to work alone in a safe Leaving trainees to work alone in a safe place….but change in circumstances can make place….but change in circumstances can make the work unsafe.the work unsafe.

Trainees being “passed around” to help other Trainees being “passed around” to help other workers in an unplanned way without additional workers in an unplanned way without additional risk assessment being undertaken.risk assessment being undertaken.

Trainees working with people who themselves Trainees working with people who themselves are not properly trained.are not properly trained.

Trainees not having even a basic job Trainees not having even a basic job description.description.

Trainees not knowing who their supervisor Trainees not knowing who their supervisor is and who they should and should not is and who they should and should not take instruction from.take instruction from.

Trainees lacking confidence to ask Trainees lacking confidence to ask questions while supervisors assume they questions while supervisors assume they will seek clarification if they need it.will seek clarification if they need it.

Trainees being supervised by other Trainees being supervised by other traineestrainees

..Trainees being given routine tasks Trainees being given routine tasks because they are safe but where boredom because they are safe but where boredom factor makes them unsafe.factor makes them unsafe.

Trainees being given breaks when no Trainees being given breaks when no supervision is available, but they remain at supervision is available, but they remain at risk and are unsupervised.risk and are unsupervised.

Other beliefs……Other beliefs……

Changes in workplace organisation and Changes in workplace organisation and practices have led to…..practices have led to…..

Less people doing more work;Less people doing more work;

Reduction in supervisory posts (a culture Reduction in supervisory posts (a culture in some work places where everyone is in some work places where everyone is his/her own supervisor);his/her own supervisor);

A more task oriented work place culture A more task oriented work place culture where “ training is a personal not a where “ training is a personal not a company responsibility”.company responsibility”.

An exemplary practice in the An exemplary practice in the Construction Trade Industry……Construction Trade Industry……

Engineering Construction Engineering Construction Industry Training Board (ECITB)Industry Training Board (ECITB)

Safety passport by. Eg: HS001. Future Safety passport by. Eg: HS001. Future aim to focus on “hard to contact” SMEs aim to focus on “hard to contact” SMEs where accidents occur more frequently.where accidents occur more frequently.

Induction Package for the trainees. Induction Package for the trainees.

HASAW 74 Vs Work Based HASAW 74 Vs Work Based Learning (WBL)Learning (WBL)

What relevance can we deduce from What relevance can we deduce from all these facts?all these facts?

This act provides an extensive and important This act provides an extensive and important structure for checking and monitoring Health and structure for checking and monitoring Health and Safety.Safety.

It creates an environment where successful It creates an environment where successful interventions can be developed that would offer interventions can be developed that would offer businesses benefits along with safe working.businesses benefits along with safe working.

It highlights the importance of quality It highlights the importance of quality supervisions within the workplace offering WBL.supervisions within the workplace offering WBL.

It clearly defines the role and responsibilities of It clearly defines the role and responsibilities of different stakeholders towards developing and different stakeholders towards developing and maintaining an organisation’s Health and Safety maintaining an organisation’s Health and Safety issues. issues.

It produces a constant change in Organization’s It produces a constant change in Organization’s attitude towards Health and Safety.attitude towards Health and Safety.

It produces a commitment to developing good It produces a commitment to developing good working practices.working practices.

It helps to spread the awareness of Importance It helps to spread the awareness of Importance in Health and Safety by improved reporting in Health and Safety by improved reporting procedures. procedures.

Safety CultureSafety Culture

Work EnvironmentWork Environment

TrainingTraining

Team WorkingTeam Working

AwarenessAwareness

Good SupervisionGood Supervision

Accident ReportingAccident Reporting

Benefits……Benefits……

Employer BenefitsEmployer Benefits

Enhanced awareness of responsibilities under Enhanced awareness of responsibilities under health and safety legislation.health and safety legislation.

Ability to receive or renew training on health and Ability to receive or renew training on health and safetysafety

A better health and safety record resulting from A better health and safety record resulting from raised awareness can reduce costs to business raised awareness can reduce costs to business arising from injury related claims and staff arising from injury related claims and staff absences.absences.

Employer BenefitsEmployer Benefits

Ability to review won performance in relation to Ability to review won performance in relation to health and safety.health and safety.

Ability to gain recognition as a good employer.Ability to gain recognition as a good employer.

Ability to promote their organisation in the local Ability to promote their organisation in the local community.community.

Benefits to Organization carrying Benefits to Organization carrying out placement for WBLout placement for WBL

Better placed to meet their duty of careBetter placed to meet their duty of care

Protecting and supporting the staff responsible Protecting and supporting the staff responsible for organising and accompanying the WBL for organising and accompanying the WBL process.process.

Satisfaction that trainees (students) will enjoy a Satisfaction that trainees (students) will enjoy a safe and beneficial period on work experience.safe and beneficial period on work experience.

Benefits to Organization carrying Benefits to Organization carrying out placement for WBLout placement for WBL

Ability to enhance the curriculum by linking Ability to enhance the curriculum by linking health and safety issues.health and safety issues.

Better placed to meet contractual obligations.Better placed to meet contractual obligations.

Satisfaction of providing successful placements.Satisfaction of providing successful placements.

Raising of profile as quality work experience Raising of profile as quality work experience provider.provider.

Trainee BenefitsTrainee Benefits

Ability to fully benefit from their time in work Ability to fully benefit from their time in work experience and avoid injury to self and others.experience and avoid injury to self and others.

Learn vital skills to prevent risk of injury to self or Learn vital skills to prevent risk of injury to self or others not only in the workplace but also in their others not only in the workplace but also in their social and private life.social and private life.

Developing a positive outlook for Health and Developing a positive outlook for Health and safety issues, and making it a habit.safety issues, and making it a habit.

Health comes first……..Health comes first……..

Safety comes next……..Safety comes next……..

then follows rest.then follows rest.

“ “ How you train is more important than What How you train is more important than What you train”you train”

THANKYOUTHANKYOU