Health & Safety at Work act etc 1974

1. Health & Safety at Work act etc 1974 Section 2 2.1 General duty to ensure so far as reasonable practicable the health & safety of employees 2.2a Provision & maintenance of safe plant & SSOW 2.2b Safe use, handling, storage and transport of materials 2.2c Information, Instruction, Training and Supervision 2.2d Safe access and regress 2.2e Adequate safe facilities 2.3.3 Policy 2.2.4/5 Safety rep 2.2.6 Consultation with safety reps 2.2.7 Establish committee if requested by 2 reps in writing Section 4 Sharing workplace Section 3 Public contractor Visitors disclosure of information Section 5 Emission Section 6 Manufacturers Health & Safety at Work act etc 1974 Section 7 Employee duty Section 8 Employees not to interfere Section 9 Charge for PPE Section 37 Prosecution of Director / Managers Section 33 Not to obstruct inspector

2. Whistle Blowing Employee good faith Prescribed People -Union Safety rep -Employer -H&S advisor -Professional body -HSE Law = The Public Interest Disclosure act 1998 Employees must have reasonable belief of one or more of the following Breach of legal obligation Whistle Blowing A criminal offence Prescribed people Employees protected against -loss of job -victimisation -if job lost, case for unfair dismissal Miscarriage of justice Employee good faith Danger to the H&S of an individual Protected disclosure Danger to the environment

3. Domino Theory Heinrich / Bird Loftus Event 5 Effect - injury Natural culmination of a series of events leads to a preventable injury occurring Event 4 Accident Domino Theory Event 3 Unsafe act or condition Chain of events Remove as to prevent accident Event 2 Fault of person Event 1 Ancestry / social environment • Bird & Loftus developed Heinrich model to include management influence • Benefits • 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

4. Compensation Amounts

5. Reducing the risk of component failure

6. Factors that affect perception

7. Gaining Workforce Commitment

8. Accident Interview Techniques Put person at ease by explaining purpose of investigation Finish interview on a positive note – perhaps what witness thinks can be done to improve Take notes May need to adjust language for witness Repeat witness account back to them to check that it is fully understood Accident Interview Techniques Interview person at the scene if possible (props easily available, help memory) Listen without interruption • Careful Question Phrasing • What happened • What did you see • What times • Where • When • How • Who • Not why Invite witness to have accompanying person Interview ASAP after the event

9. Benefits of staying with HSG65 Existing system may be working well HSG65 is used by the enforcing bodies No cost for certificates / maintain certification HSG65 was created to address the requirements of Reg5 MHSR99 Benefits of staying with HSG65 Audits are generally carried out by health & safety specialist Organisation could be exposed during change over OHSAS model may be too sophisticated for smaller companies Cost of change over Increased paperwork

10. Consideration when developing an audit program Applicable legislation Resource required to audit Monitoring systems for results Training for auditor Consideration when developing an audit program feedback Frequency of audits Scoring system Aspects to be audited e.g.. Elements of HSG65 Time required

11. Benefits of OHSAS18001 External regulation e.g.. customer Customer demand Clearer standard for benchmarking Benefits of OHSAS18001 Recently accredited to ISO standard (2007) More prescriptive system International recognition External assessment

12. Benefits of Integrated Management Systems Team approach Improved and/or equal culture for all standards/disciplines Equal business priority Benefits of Integrated Management Systems • Reduction in costs • Combined audits • Less duplicates • Same format used • Combined information systems Holistic approach to risk management Equal influence

13. Benefits of separate management systems Existing systems may work well One discipline may require a more complex system to meet business needs Resistance to change Benefits of Separate Management Systems Business exposure during integration period • Customer demand • ISO/OHSAS required • Complex auditing Health & Safety / Environmental have a minimum legal requirement Potential loss of professional disciplines required

14. Multiple causation • Benefits • Thorough accident investigation • Identification of all underlying causes including effects of managers and management systems • Encourages the use of a more systematic accident analysis such as fault tree analysis May be more use than one underlying cause Not only if happens in sequence Multiple causation Thorough accident investigation requires all cause to be identified Failings usually interact with each other causing incident, can be major Look at all factors including culture, management

15. HSWA 74 & Disabled person considerations Section 2 1. General duty H&S of employees Safe access and regress Welfare provisions Workplace circumstances HSWA 74 & Disabled person considerations Reasonably practicable measures to ensure safe Nature of disability Appropriate means of training & providing information Safe plant Adaptation of SSOW to suit

16. Disability discrimination act 1995 Unlawful for employer to discriminate against a disabled person when he employs Not to discriminate during recruitment Consider effectiveness of modifications. E.g. fire alarm effectiveness Disability discrimination act & Disabled person considerations Equal promotion prospects • Reasonable adjustments • Premises, access /egress, welfare Emergency procedures Workplace layout

17. Vicarious Liability Breach of civil law • Cases • Lister Vs Romford Ice & Cold Storage • Hudson Vs Ridge manufacturing (competent fellow employees) Means to pay claimant Employers liability insurance Vicarious Liability Employee employed by employer • Defences • Volenti non fit injuries • Contributory negligence • Not acting within scope of employment • Not employed • No injury or unforeseeable Tort of negligence committed by employee Employee acting in course of employment Negligent act cause injury or loss to third party

18. Near miss systems Clearly definition of ‘near Miss’ Who will report near misses Positive feedback for reporters Training required Considerations when developing a near miss system Define reporting lines to ensure actions are implemented Consultation with employee Ease of reporting, clear, straight forward format Provision of information, instruction and training Building of a fair blame culture

19. Purpose and Benefits of Near Miss Data Investigation of near misses and carrying out improves/implementing preventative measures Near misses have the potential to become an accident’ Helps get everyone involved in safety Identifies opportunities for improvements Shows management commitment through action follow up and feed back Purpose & Benefits of near miss data Identifies inadequate health and safety management and/or elements of the management system Data analysis can show trends and reoccurring issues – indicates areas to improve Identifies inadequate training Proactive approach to incident management Helps to identify inadequate SSOW

20. Design of controls Keep number to minimum Easy to use e.g.. Toggles / switches A change of system state should only occur after operation of a control Space between each control Operating a control should require a positive action by the operator with immediate effect Control design Arrange of controls in sequence of use Stop controls should be easy to activate System restarts should only occur after operating a control Controls should be kept next to the display that gives the reading of its output Labels & shape put to effective use

21. Design of Displays Digital for quantative information Direct relation between readout and control Emergency displays should be clearly identifiable Dials with pointers to convey qualative readings Display design Use of colours to give clear indication of a change in state Lights used for status readings Correct number of controls, too many will overload operators VDU’s to show process overview

22. Characteristics Of A Positive Safety Culture Open communication between managers and shop floor Management commitment Reporting of hazards by employees Leadership by managers Characteristics Of A Positive Safety Culture Potentially low accident rates Availability of funds and resources Mutual trust Good quality of health and safety training Strong participation by employees

23. Strategic role of H&S profession Ensuring organisation is legally compliant and keeping up to date with legislation changes Policy development and setting of objectives Managing enforcing bodies Strategic role of H&S profession Auditing & identifying further opportunities for improvement Advising senior managers Developing strong good safety culture Formulating & developing elements of the H&S management systems Involvement in reactive monitoring e.g. accident investigation Developing / agreeing plans for improvement, short and long term

24. Employer responsible for negligent act of contract vicarious liability Case: Mersey docks & harbour board Vs Coggins & Griffiths Act caused harm or loss to third party Contractor under control of employer Employer responsible for negligent act of contract vicarious liability Acting in course of employment Employer authorises negligent act Contractor carrying act over which employer has control

25. Requirement of Reg7 MHSR1999 Person competent to advise Exemption for partners if one or more is competent Appoint one or more persons Requirement of Reg7 MHSR1999 Information on temporary workers Arrangements for cooperation if more than one Preference is internal appointment Number of and time available sufficient for size, risk and risk distribution of the company Provision of information on health & safety issues to externally appointed (consultant)

26. Typical client / contract for work carried out Responsibilities for emergency planning Contractor to maintain legal compliance Provision of competent persons Clients right to stop work if unsafe Employer liability insurance Typical client / contract for work carried out Define safety responsibilities between client & contractor The requirement that the contractor has RAs, SSOW,MSs Clients right to monitor safety standards of contractors Requirement to attend site H&S induction before workers start work on site The contractor / client supplies appropriate welfare

27. Limitations of measuring H&S performance by accidents / incidents Reactive Does not reflect chronic health issues May take long time for data to provide trends Absence of incident does not mean good procedures in place Limitations of measuring H&S performance by accidents / incidents Under reporting particularly when targets are set Accident data may be small hence not being easy to see trends Data is a measure of failure not success Data is subject to random fluctuation Data measures effectiveness of previous safety measures not new measures Historic performance can not predict future performance

28. Contracts An offer from one party & acceptance from another can be verbal or written Contract must not be to commit a crime The intention to create legal relations Elements of legally enforceable contract Not mentally incapacitated at the time of the contract • Legal considerations • Money • Undertaking work/tasks Parties involved must have legal capacity to do so e.g.. adult Genuine consent gives the terms of contract e.g.. No misinterpretations

29. HAZOP • Create action plan for improvement • Owner • What • When Design stage of process Define scope Team effort HAZOP Identify possible preventative measures • Appropriate specialist • Engineers • Health & safety advisor • Operators • Managers • Defined Hazop leader • Assess impact of deviations • No flow • Flow Identify possible deviations from normal running Process broken down into sections to analyse

30. Why a PTW system may not be used Too bureaucratic Difficult to organise control measures Difficult system to use Potential hazards not fully identified Why a PTW system may not be used Poor safety culture e.g.. Routine work Absence of competent person to authorise Lack of information, instruction, training and supervision Permit not specific to task Too time consuming

31. Reasons to establish effective consultation with employees • Statutory requirement • Health and safety (consulting with employees reg 1996) Improving perception about value of H&S Promotion of good safety culture through employee involvement Reasons to establish effective consultation with employees Promote employee ownership Identification of improvement opportunities Information from shop floor

32. Practicable Where technology or knowledge exists must be implemented • Cases • Adsett vs K & L steel founders (technology not known, silica dust) Not as high a duty as Absolute but higher duty than reasonably practicable Practicable Cost of precautions is not a factor

33. Reasonable Practicable Balance of cost vs risk One factor must be grossly disproportionate to the other Duty not as strict as Absolute or practicable Reasonable Practicable Decision is reached to implement precaution or not after balancing • Cases • Edwards vs National coal board • (shoring up of roadway) NCB found liable as risk and consequences was greater than cost • Marshall Vs Gotham (gypsum mine)

34. Reasons why accidents should be investigated Establish causes both immediate and underlying causes Obtain information/evidence for any future civil claim To ensure future preventative actions can be defined and implemented Assess whether further training and/or supervision is required Reasons why accidents should be investigated Investigation could provide useful information for evaluating the costs of accidents Assess compliance with legal requirements Information gathered from investigation can be used to evaluate whether current precautions are adequate, also SSOW and existing risk assessments are they adequate Demonstrate management commitment

35. Accident investigation Take photos, make sketches take measurements of scene Interview all parties involves ASAP, e.g. injured party, witnessess Obtain and CCTV footage that may be available Identify immediate causes/underlying causes Accident investigation Identify environmental factors that could have contributed to the accident e.g. poor light, noise, wet conditions Look at any relevant procedures that are in place Look at training records that may exist for people involved in accident Look at any RA/SSOW in place

36. Analysing accident investigation data Examine information objectively i.e with a view to identify the causes Existing health and safety culture Look at job factors involved e.g. distractions Quality of supervision Analysing accident investigation data Look at any organisational factors which may have contributed Where procedures adequate e.g. RA/SSOW Plant/equipment factors e.g. serviceable/inspected Assess human factors that may have been involved e.g. fatigue, stress, alcohol Take into account any environmental factors that may have exited e.g. noise, light, air condition Competence of person involved e.g. training/supervision

37. Gain Support Of Workforce To Improve Health And Safety Culture Consultation, co-operation, participation, competence, commitment Ensure positive feedback is given Show management commitment by leading from the front Talk to the workforce, get their input Introduce new consultation forums Gain Support Of Workforce To Improve Health And Safety Culture Understand current employee perception of health and safety Increase employee participation e.g. risk assessments. H & S meetings Set health and safety targets and create plans for improvement, communicate these plans to all of the workforce Demonstrate good resource for H & S Have informal discussion, team meetings etc Train them, - show the benefits of improved safety conditions Introduce new improved safety policy's and programmes e.g. behavioural safety programme

38. 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

39. Human Failure

40. 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

41. 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

42. Procedure for making regulations under HSWA1974 Power to make regs given to secretary of state by section 15 HSWA Subject matter of reg should fall within schedule 3 of the act If vote against they are annulled Procedure for making regulations under HSWA1974 Passed it no vote against Consultation between secretary and HSC and other relevant government bodies must occur Proposals must lie before both houses of parliament for 40 days HSC could make proposal to secretary of state

43. Cost vs Benefit Analysis as applies to proposed regulation Identify overall value to society of proposed regulation Comparison with cost of implementing the regulation Finally the calculated monetary values are compared and a decision is reached Cost vs Benefit Analysis as applies to proposed regulation Cot and benefits both converted into monetary values Cost adjusted for different time scales of implementation and benefits that may occur Cost of benefit in terms of prevention of death, injury and ill health

44. Ensuring Safety of other workers while construction work is undertaken Agree schedule/time frame for work Contractors informed of any site hazards PTW system may be required for abnormal activities Provision of information on things such as signing in/out procedures Monitoring of contractor health and safety performance Ensuring Safety of other workers while construction work is undertaken Ensure all waste removed controlled Site induction procedure Office employees fully informed of location and nature of work Establish emergency procedures for contractors and normal staff during the work Presence of asbestos and control measures Barrier area of, close sections where work carried out Safe storage of hazardous materials