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CS38010 Professional Issues

Health and Safety at Work

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Robens Report 1972

‘Apathy is the greatest single contributing factor to accidents at work.’

‘The primary responsibility … lies with those who create the risks and those who work with them.’

Called for more self-regulation and use of voluntary standards and codes of practice.

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Summary of conclusions

Too much lawImpossible to keep up to dateNo one authority with overall responsibilityMany workers and workplaces not covered

by any health and safety legislationSafety standards were not improving

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The Legal Framework

Health and Safety at Work Act 1974

Regulations (statutory instruments) - especially those which implement EC directives e.g. Management of Health and Safety Regulations 1999.

(Other statutes e.g. Factories Act)

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Health and Safety at Work Act

Places duties on:employers,self-employed,persons in control of premises,designers, manufacturers, importers and

suppliers,employees.

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Health and Safety at Work Act

Establishes HSC and HSEProvides for specific regulations and

approved codes of practiceGives inspectors wide-ranging powersCreates statutory sanctions - improvement

and prohibition noticesCovers the public if affected by work

activities

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Employers - the general duty

Health and Safety at Work Act s2(1)

"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

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Employers - specific duties (1)

Provide and maintain safe plantProvide safe systems of workEnsure safe use of articles and substancesProvide such information, training, instruction and

supervision as necessaryEnsure workplace is kept in a safe conditionProvide and maintain safe working environment

and adequate welfare arrangements

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Employers - specific duties (2)

Prepare and revise as necessary a written statement of safety policy and bring it to the notice of his employees

Consult with safety representativesForm a safety committee if requested to do so by

the safety repsEnsure that persons not in his employment are not

exposed to risks to their health and safety

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Section 6 - a new duty

Places responsibilities on designers, manufacturers, importers and suppliers of any article for use at work (or any article of fairground equipment).

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The section 6 duty

Design and constructionTesting and examinationAdequate informationUpdated informationResearch to eliminate or minimise risk

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Enforcement and sanctions

InspectorsEnforcement policyNotices and prosecutions

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The ‘framework’ directive

Principles of safety management:Prevention of occupational risksProtection of safety and health,Elimination of risks and accident factors,Consultation and balanced participation,Training.

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Strategy for dealing with risks ...

avoiding risks;evaluating the risks which cannot be avoided;combating the risks at source;adapting the work to the individual;adapting to technical progress;replacing the dangerous by the non-dangerous

or the less dangerous

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...

developing a coherent overall prevention policy;

giving collective protective measures priority over individual protective measures;

giving appropriate instructions to the workers.

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Risk Management

Assess

Control

Monitor

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Organisational Issues

What is the role of:-Top management,Line management,Safety professionals,Safety representatives and committees,Employees.

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Why have a safety policy?

Statement of objectives - an important aspect of efficient management.

To clarify positions and roles and establish responsibilities for safety,

To provide a standard for measuring achievement,

To highlight problem areas,A legal requirement.

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Consultation - rationale

Stimulate involvement,Reduce apathy,Promote ‘ownership’,Employee ‘empowerment’,Leading to ‘partnership’.

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Effects of involvement

Utilise employees’ understanding of risks,Trust between employees and management,Compliance related to contribution,Promote employee commitment,Develop a positive ‘safety culture’,A necessary adjunct to a preventative

strategy.

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Degrees of Involvement

Information unilateral

Consultation equivalent to negotiation?

Participation towards ‘partnership’?