Effective Health & Safety Effective Health & Safety ManagementManagement

Kev Coghill MIOSH RSP

Senior Risk Consultant

Marsh Risk Consulting Practice

Objectives

Introduce the UK H&S legal regime Appreciate why H&S is important Understand the risk assessment process Summarise current “hot” topics - e.g. field

trips/stress/noise Recognise why H&S should be managed

So why bother with H&S?So why bother with H&S?

LegalMoral

Business

Fines and costsCourt timeCivil cases

Notices

Pain and suffering

Duty to fellowhuman being

PremiumsUninsured losses

ReputationMorale

Productivity

2003/04 Statistics2003/04 Statistics

235 fatalities159,809 RIDDOR reported injuriesAn estimated 2.2 million people suffering

from an illness caused or made worse by their current or past work

An estimated 39 million working days lost - 30 million due to ill health & 9 million due to injury

UK legal systemUK legal system

By HSE or LA

Leads to a fine/imprisonment

Not insurable

Criminal

By injured person

Leads to award of damages

Must be insured

Civil

Legal processLegal process

Someone is injured at work or by people at work

They make a civil claim for compensation (damages)

The HSE or local authority prosecute on behalf of the state (fine/imprisonment)

British Law

Criminal Civil

HealthHealth and Safety at Work etc and Safety at Work etc Act 1974Act 1974

Duties on all at work

To protect allaffected by work

Pre 1974 LegislationPre 1974 Legislation

OSRP Act1963

Regulations

Other SafetyActs

Regulations

Factories Act1961

Regulations

Post 1974 LegislationPost 1974 Legislation

HASAWA 1974

Regulations

A.C.O.P’s

OSRP Act1963

Regulations

Other SafetyActs

Regulations

Factories Act1961

Regulations

Legal Requirements

Health & Safety at Work etc Act 1974 Management of Health & Safety at Work

Regulations 1999

Failure to comply is a criminal act Employers CANNOT insure against failure

to comply

Section 2

Section 2(1) - employers’ general duty

Duty to ensure ‘so far as is reasonably practicable’, the health, safety and welfare at work of employees and any others who may be affected by the undertaking….

Legal StandardsLegal Standards

“Reasonably Practicable” or “SFARP”

Implies a weighing up of the risk against the cost (in terms of time, money or trouble) of preventing or controlling the risk

Section 2 (cont.)

Provision of such information, instruction, training and supervision as is necessary to ensure , SFARP, the health and safety at work of employees and any others who may be affected….

Section 2 (cont.)

Duty of Employers to Employees cont. 2.2a - safe plant and systems of work 2.2b - safe use, handling, storage and transportation of

articles and substances 2.2c - information, instruction, training and adequate

supervision 2.2d - safe place of work and a safe means of access and

egress 2.2e - safe working environment and adequate welfare

facilities

Section 7

Duty of Employees at Work

It shall be the duty of every employee whilst at work:- to take reasonable care of their own health and safety and

of any other person who may be affected by their acts or omissions

to co-operate with their employer so far as is necessary to enable that employer to meet their requirements with regards to any statutory provisions

Section 21

Improvement Notices

If an inspector is of the opinion that a person:- is contravening one or more of the relevant

statutory provisions; or has contravened one or more of those statutory

provisions, in circumstances that it is likely that the contravention will continue or be repeated,

then he will issue an Improvement Notice.

Section 22

Prohibition Notices

If any activity is being, or is about to be, carried out that could result in serious personal injury, then an inspector may issue a Prohibition Notice. This notice will cause the immediate cessation of the activity involved until all measures are rectified.

Enforcement

The HSE can take legal action against an employer/employee in a criminal court for H&S failures:Unlimited fine and/orCustodial sentence

(Remember - you cannot insure against failure to comply with H&S legislation)

If guilty = criminal record

British Justice

INNOCENT

until proven

GUILTY

beyond

ALL

REASONABLE

DOUBT

Civil Litigation

Provides for compensation to be paid to persons who suffer harm as a result of a work activity.Can insure - Employers Liability InsuranceBurden of proof is NEGLIGENCEProof is “on the balance of probabilities”

Effectively “guilty until you prove your innocence”

Reportable

Reporting of:

Injuries (accidents & incidents)

Disease

Dangerous Occurrences

(Regulations)

Accident/Incident Investigation

RIDDOR only requires reporting of incidents etc.

No explicit legal requirement in any H&S legislation to investigate - therefore WHY DO IT?

Accident/Incident Investigation

HSW Act states - “employers must ensure….the health, safety and welfare of employees...” etc.

Reactive monitoring - to prevent the same or similar from happening again

Review/revise risk assessments and associated H&S documentation/working practices

The Management Of Health & The Management Of Health & Safety At Work Regulations Safety At Work Regulations

19991999

Management of H&S Regs

Risk Assessments

Every employer shall make a ‘suitable and sufficient’ assessment of risks to the health and safety:-– of his employees– of persons not in his employment

Management of H&S Regs

Suitable & Sufficient

Should enable the employer to identify and prioritise the measures that need to be taken

Should identify the significant risks arising out of or as a result of the work activity

Management of H&S Regs(Definitions)HAZARD 

RISK 

HARMTAKEN FROM THE MHSWR APPROVED CODE OF PRACTICE 1999

Management of H&S Regs

What is a Hazard ?

“Something with the potential to cause harm”

May be chemical, mechanical,electrical, environmental etc. OR "Human" in nature

Management of H&S Regs

What is a Risk ?

'Risk expresses the likelihood that harm from a particular hazard is realised'

Risk therefore reflects both the likelihood that harm will be caused and its severity

Management of H&S Regs

What is Harm? HARM = death, bodily injury and damage to

physical or mental health. 

Safety law is only concerned with harm to property or the environment if that entails a risk of harm to people.

Now consider risk ranking

Risk Ranking - Probability

Frequent 3Likelihood of incident recurringrepeatedly during course of the

work activity

Occasional 2Likelihood of incident occurringsometime during course of the

work activity

Rare 1Likelihood of incident virtuallynever occurring during course

of the work activity

Measurement of frequency/likelihood3 Categories :

Risk Ranking - Consequence

Severe 3May lead to lost-time or

recordable incident

Moderate 2May lead to recordable or first-

aid incident

Minor 1May result in minor first-aidtreatment or no harm being

caused

Measurement of severity 3 Categories :

Risk Assessment Matrix

Risk = Probability x Consequence (Severity) Severe

(3)Moderate

(2)Minor

(1)Frequent

(3) 9 6 3Occasional

(2) 6 4 2Rare(1) 3 2 1

Existing Control Measurers

Assess your existing control measures

Take into account whether controls are being applied / complied with etc.

If there are no controls, enter this on the assessment

Required Actions

What What is to be undertaken

WhoWho is charged with undertaking the action

By WhenAction target date

Completion confirmed [Formalised]Action completion date

Review

Assessment Review date Remember that the required actions progress must

be monitored to ensure that the actions are carried out and are effective.

A review should be undertaken following the implementation of the improved controls to assess the effectiveness and ensure other new risks have not evolved from these actions

Reviewing cont.

Legal requirementReason to suspect no longer validSignificant changeThink “systems” approach to constant

monitoring and review

Risk Control Hierarchy

Hierarchy of risk controls– Eliminate hazard at source– Reduce hazard at source– Remove person from hazard– Contain hazard by enclosure– Reduce employee exposure– Systems of work– Personal protective equipment (PPE)– * pay attention to order*

““Hot Topics”Hot Topics”

StressField tripsNoiseOccupational road safety

StressStress

Should be considered under Management Regs & risk assessment

HSE published “Management standards for tackling work related stress”

First improvement notice issued this year to a NHS Trust for failing to assess stress risks

Field TripsField Trips

Management Regs risk assessment requirement

Popular item for press when something goes wrong

Require detailed management plans - obviously dependent upon each trip

NoiseNoise

Existing Noise at Work Regs set levels at 85dBA & 90dBA

New Physical Agents Directive to be incorporated into UK legal regime by 15/02/06 - noise levels reduced to 80dBA & 85dBA

Occupational Road SafetyOccupational Road Safety

Currently on the HSE top 10 inspection topics

Traditionally excluded from any statistics because it is Road Traffic Act & therefore the police who enforce

Now looking at all work related driving - excluding commuting to/from work

Health & Safety Management

HSG65

Organising

Planning and Implementing

Measuring Performance

Policy

Reviewing Performance

Auditing

Organising

Split into four sections, four Cs– Co-operation– Communication– Control– Competence

Planning & Implementing

Objectives/Actions should be - SMART

Specific

Measurable

Ambitious & agreed

Relevant

Tied to a timetable

Measuring Performance

Important management tool Use work already being done

– Risk assessment– Active monitoring– Accident/incident data

Detailed techniques in BS 8800/OHSAS 18001 Implementing goes back to effective

communication

Review & Audit

Remember systems theory - monitor and review (audit and feedback)

Helps to determine whether actions have been achieved and if so, what new ones should be set

Once review completed - communicate findings and remember both positive and negative feedback

Set new SMART objectives

“Well this certainly buggers up our plans to conquer the

Universe”

Poor Communication……...