Stewart's toils with a NEBOSH certificate

NGC1 Element 5 Risk Assessment

Promoting a positive health and safety culture

Typical Examination Questions based on Element 1.3 Organising for health and safety

Organising for health and safety

NCC2: Construction health and safety practical application Part III

Typical Examination Questions based on Element 2 The Health & safety Policy

The Health & Safety Policy

Typical Examination Question (with answers) From the Management of Health & Safety Paper NGC1

MANAGEMENT OF HEALTH AND SAFETY

Health & Safety Legislation

Past Exam Papers

NCC2: Construction health and safety practical application Part II

NCC2: Construction health and safety practical application Part I

Employers Duty Of Care

NEBOSH Certificate Essentials: - The Six Pack

RIDDOR - (Reporting Of Injuries, Diseases And Dangerous Occurrences Regulations 1995)

Health Surveillance

Common Abbreviations

Past Exam Paper INTERNATIONAL CERTIFICATE IN CONSTRUCTION

Competency: What does this mean? How can this be assessed

The contents of the health and safety file

Working Safely

Time Out

Element 9 Physical & Psychological Health – Hazards & Control

Typical Examination Questions based on Element 8

Stewart's toils with a NEBOSH certificate

NGC1 Element 5 Risk Assessment

Promoting a positive health and safety culture

Typical Examination Questions based on Element 1.3 Organising for health and safety

Organising for health and safety

NCC2: Construction health and safety practical application Part III

Typical Examination Questions based on Element 2 The Health & safety Policy

The Health & Safety Policy

Typical Examination Question (with answers) From the Management of Health & Safety Paper NGC1

MANAGEMENT OF HEALTH AND SAFETY

5.1 Aims and objectives

5.2 Identifying hazards

5.3 . Principles and practice of risk assessment

Typical examination questions based on Element 1.5

Content

E4.1 Concepts of safety culture

E4.2actures influencing safety culture

E4.3 Factors influencing safety related behaviour

E4.4 Improving health and safety culture

Training

Attitude

The Six Pack

Management of Health and Safety at Work Regulations 1999

The Provision and Use of Work Equipment Regulations 1998

Workplace (Health, Safety and Welfare) Regulations 1992

Health and Safety (Display Screen Equipment) Regulations 1992

The Manual Handling Operations Regulations 1992

The Personal Protective Equipment Regulations 1992

5.1 Aims and objectives

5.2 Identifying hazards

5.3 . Principles and practice of risk assessment

Typical examination questions based on Element 1.5

Content

E4.1 Concepts of safety culture

E4.2actures influencing safety culture

E4.3 Factors influencing safety related behaviour

E4.4 Improving health and safety culture

Training

Attitude

Definition of the term 'health and safety culture'

Ethical management:

Tangible outputs or indicators of an organisation's health and safety culture

Comfort zones

Compatibility

Effective communication within the organisation

Physiological factors

By effective communications

E4.5 Internal and external influences on health and· safety management

External influences on health and safety culture

Answers :-

3.1 Legal and organizational health and safety roles and responsibilities

3.2 . Consultation with employees

Safety Committees

Sample report

Report to Senior Management

Other Deficiencies:

Marks for the report to management could be reduced for the following reasons:

The Health & safety Policy

Element 2 The Health & safety Policy Typical Exam Questions Answers

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Foundations in health and safety

Content

1.1 The scope and nature of occupational health and safety

Hazard and risk

1.2 The moral, legal and financial reasons for maintaining and promoting health and safety

Common (Civil) Law

1.3 The legal framework for the regulation of health and safety

1.4 The role and powers of enforcing agencies,the judiciary and external agencies

1.5 Sources of information on health and safety

1 The Legal Background

2 The European Influence

3 The Health and Safety at Work etc. Act, 1974

4 United Kingdom Regulations:

4/1 The Management of Health and Safety at Work Regulations 1999

4/2 The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (amended 2004)

4/3 The Electricity at Work Regulations 1989

4/4 The Control of Noise at Work Regulations 2005

4/5 The Personal Protective Equipment at Work (PPE) Regulations 1992

4/6 The Workplace (Health, Safety and Welfare) Regulations 1992

4/7 The Provision and Use of Work Equipment Regulations 1998

4/8 The Lifting Operations and Lifting Equipment (LOLER) Regulations 1998

4/9 The Manual Handling Operations Regulations 1992

4/10 The Health and Safety (Display Screen Equipment) Regulations 1992

4/11 The Health and Safety (First Aid) Regulations 1981

4/12 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

4/13 The Health and Safety (Safety Signs and Signals) Regulations 1996

4/14 The Construction (Design and Management) Regulations 2007 (CDM)

4/15 The Work at Height Regulations 2005

4/16 The Control of Vibration at Work Regulations 2005

4/17 The Confined Spaces Regulations 1997

4/18 The Health and Safety (Consultation with Employees) Regulations 1996

4/19 The Regulatory Reform (Fire Safety) Order 2005 in England and Wales and The Fire (Scotland) Act 2005

4/20 The Fire Precautions (Workplace) (FPW) Regulations 1997 including the requirements of the FPW Amendment Regulations 1999

4/21 The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

4/22 The Safety Representative and Safety Committee Regulations 1977

4/23 The Health and Safety Information for Employees Regulations 1989

4/24 The Supply of Machinery (Safety) Regulations 1992

4/25 The Chemical (Hazard Information and Packaging for Supply) Regulations 2002

4/26 The Hazardous Waste (England and Wales) Regulations 2005

4/27 The Special Waste Amendment (Scotland) Regulations 2004

4/28 The Environmental Protection Act 1990

5 Approved Codes of Practice

6 Guidance Notes

7 The concept of 'Self Regulation'

8 Attitude to new Regulations and/or ACOP

9 Supervision and enforcement

9/1 Enforcing body

9/2 Powers of inspectors An appointed inspector can:

9/3 Enforcement

9/4 Penalties

Definition of the term 'health and safety culture'

Ethical management:

Tangible outputs or indicators of an organisation's health and safety culture

Comfort zones

Compatibility

Effective communication within the organisation

Physiological factors

By effective communications

E4.5 Internal and external influences on health and· safety management

External influences on health and safety culture

Answers :-

3.1 Legal and organizational health and safety roles and responsibilities

3.2 . Consultation with employees

Safety Committees

Sample report

Report to Senior Management

Other Deficiencies:

Marks for the report to management could be reduced for the following reasons:

The Health & safety Policy

Element 2 The Health & safety Policy Typical Exam Questions Answers

The importance of setting policy for health and safety

The key features and appropriate content of an organisation's health and safety policy

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Content

Hazard and risk

Common (Civil) Law

Personality

The responsibilities of Directors and Senior Managers

The responsibilities of middle managers and supervisors

The health and safety practitioner, 'appointed person/s' and similar persons with primary health and safety functions

Relationship between client and contractor

1. What the client requires from the contractor

2. What the contractor requires from the client

Rights of employees

The duties of employers

Employers have a choice on how to consult

Introduction:

Other considerations

Revision of safety policy

The function of the safety policy

Health, safety, welfare and environmental protection

Civil law and criminallaw (purpose, burdens of proof and remedies)

The evolvement of acceptable customs

Elements of EC law

Statutory Jaw

Section 2

Sections 3 and 4

Section 5

Section 6

Section 7 and 8

Section 9

Approved codes of practice

Guidance notes

Criminal liabilities

Employment tribunals

1.6 The key elements of a health and safety management system

Personality

Contractors who are commissioned to carry out work

Visitors to siteor premises

Self employed personnelwho are contracted for services

Trespassers who come on site (deliberately or inadvertently)

The general public including the elderly and persons with special needs

The responsibilities of Directors and Senior Managers

The responsibilities of middle managers and supervisors

The health and safety practitioner, 'appointed person/s' and similar persons with primary health and safety functions

Relationship between client and contractor

1. What the client requires from the contractor

2. What the contractor requires from the client

Rights of employees

The duties of employers

Employers have a choice on how to consult

Introduction:

Other considerations

Revision of safety policy

The function of the safety policy

Health, safety, welfare and environmental protection

Civil law and criminallaw (purpose, burdens of proof and remedies)

The evolvement of acceptable customs

Elements of EC law

European Regulations

Directives

Decisions

Statutory Jaw

Section 2

2012-09-30T12:37:00.003+01:00

On completion of this element, readers should be able to demonstrate understanding of the content through the application of knowledge to familiar and unfamiliar situations. In particular they should be able to:

5.1 Explain the aims and objectives of risk assessment

5.2 Identify hazards by means of workplace inspection and analysis of tasks

5.3 Explain the principles and practice of risk assessment.

Definitions of Hazard and Risk

Risk assessment is one of the main methods by which pro-active safety management can be carried out. lt is also a statutory requirement under a considerable number of new U.K. Regulations.

The principal requirements are to:

Identify hazards i.e. anything, which has the inherent ability to cause harm

A hazard can be animal, vegetable, mineral or abstract!

lt is quantifiable from extr mely hazardous to slightly hazardous

Assess the risks associated with each hazard

Risk is the possibility of exposure to a hazard.

It is often measured as:Degree of Hazard x Probability of Exposure

Objective of risk assessment

The objective of carrying out risk assessments is to reduce, so far as is reasonably practicable, the significant risks associated with hazards in work tasks and work places to tolerable levels in terms of the potential human suffering, legal requirements and economic effects on the organisation.

The distinction between different types of risks can be broadly identified as being in four main categories:

Immediate physical injury (acute) Examples are:

Broken bones (falls), crushing (caught in machine) head injury (falling objects), burst ear drum(extremely loud noise), loss of sight (welder's flash), burns (fire or hot surfaces)

Long -term physical injury (chronic) Examples are:

Back strain (manual handling), joint or muscular problems (body movement), arthritic conditions(dampness), white finger (vibration)

Immediate health problems (acute) Examples are:
Overcome by fumes (ammonia), poisoned (cyanide)
Long-term health problems (chronic) Examples are:

Asbestosis (asbestos dust), cancer (working with carcinogens), stress (working above capacity or capability)

Remember that the people at risk can be employees (both as a direct result of their work or as a result of the work of others), contractors, visitors, local environs, or carriers, purchasers or users of products or services.

Common Definitions:

Accident	means	An unplanned event in a series of planned events
Hazard	means	Something with the inherent ability to cause harm
Risk	means	The possibility of exposure to a hazard Often measured as: Degree of hazard x Probability of exposure
Danger	exists	Where there is a distinct possibility of an interchange of energy above tolerable levels
Significant risk	means	A risk that has been clearly increased as a result of a work activity
Statutory risk	means	Risks which have the ability to impinge upon the wellbeing of people (Controlled by legislation)
Emergency planning	means	Pro-active planning to deal immediately with a situation which has the ability to threaten the wellbeing of people or the corporate body
Contingency planning	means	Pro-active planning to deal with the effects of a disaster that could, without planning, affect the ability of the organization to continue trading
Slow injury	means	An injury or health problem which develops over a period of time cumulatively
Casual event	means	An event which in itself is not necessarily dangerous but when present along with other causal events could lead to an accident of any magnitude from a near miss to a catastrophe
Near miss	means	Near miss means An incident that could have resulted in serious injury. For example a brick falling from a height but not hitting anyone

The competent person

The perceived level of danger is very important in making a risk assessment, therefore it is important that the person(s) carrying out such assessments have the knowledge and experience necessary to understand not only the physical aspects but also the behavioral aspects that could lead to an accident. They must also appreciate the worst and/or likely consequences of such an event.

The person(s) carrying out an assessment should be considered by the employer/organisation to be competent before being commissioned to carry out the task, i.e. competent in that they have the ability that ensures their perceived level of danger is at, or is very close to, the actual danger level.

If necessary persons charged with carrying out assessments should be given adequate information, instruction and training to be deemed competent to carry out risk assessments.

Competent person(s)

Should have the academic qualifications and experience necessary to allow them to: firstly, know what to look for, secondly recognise it when they see it and assess its importance with regards to the degree of risk associated with the location and/or activity

Categories of accidents are incidents that can cause:

Immediate injuries such as broken bones, loss of a limb etc.
Cumulative or slow injuries such as back problems or eye-strain etc.
Immediate (acute) health problems such as inhaling a poisonous gas or severe burns
Cumulative (slow) health problems such as asbestosis or hearing loss
Psychological problems (can be inherent or cumulative) such as fear of heights or stress

lt is important in identifying the level of risk that information is obtained from a number of sources such as Approved Codes of Practice and Guidance Notes etc.

In order to carry out a risk assessment it is important to identify the persons at risk other than merely employees e.g. operatives, maintenance or cleaning personnel etc., members of the public, contractors or persons with special needs.

The objective of risk assessment is to proactively identify risks in terms of human suffering and take preventive and/or precautionary measures to eliminate, reduce or control the possibility of harm to individuals.

Risk assessments can also protect the organisation (employer) from harm in terms of lost production, reputation, industrial and public relations and possible prosecutions or claims for damages etc.

Types of assessment

There are two ways of carrying out risk assessments:

Qualitative type assessment

This type of assessment that is based subjectively on general information, experience and intuition is much simpler to make and is adequate for the vast majority of work situations. lt is also legally acceptable. Where there are similarities in activities, a generic risk assessment would be acceptable.

Qualitative Risk Assessments can be based upon:

A geographical area of work e.g. an office or warehouse, etc
A generic group of workers e.g. scaffolders,fork lift truck drivers, etc
A generic type of work e.g. welding, manual handling, etc.,
The specific needs of individual workers or individuals.

In low risk environments and tasks it may be sufficient to categorise risks as High, Medium or Low.

Quantitative risk assessment

This type of assessment will only be required where there are risks of a high unacceptable nature such as those that could lead to immediate serious consequences, or risks that are cumulative (long term) in nature.

The following method can be used to conduct a quantitative risk assessment:

In deciding whether the risks associated with the hazards are being adequately controlled or whether more could be done, two factors must be taken into account in carrying out a quantitative assessment. These are the severity rating of the hazard and the probability of exposure to the
hazard. These can be produced in a risk-ranking chart.

Severity rating of hazard Value

Catastrophic	5
Serious	4
Fairly serious	3
Marginal	2
Negligible	1

Probability rating of exposure to hazard

Imminent	5
Probable	4
Reasonably probable	3
Remote	2
Extremely remote	1

Risk analysis chart

Severity rating	1	2	3	4	5
	2	4	6	8	10
	3	6	9	12	15
	4	8	12	16	20
	5	10	15	20	25
	Probability rating

In using a risk analysis chart the assessors should determine a rating on the basis of the existing precautions in place. Note that personal protective equipment should only be used as a last resort.

The Risk Value would equal Severity x Probability. Where a Risk Value of 25 would be critical and demand immediate action and a value of 1 would require no action. Assessors then require making a
judgment as to what numerical value of risk would require further attention.

As an example, perhaps a risk ranking of 8 or more would be acceptable providing all reasonably practicable precautions are in place or are being recommended and implemented.

JOB SAFETY ANALYSIS

Job safety analysis (JSA) is an accident prevention technique that is similar to work-study and can be used as a basis for carrying out a risk assessment. lt involves a chronological breakdown of an activity to determine if there are ways in which the potential for an accident can be reduced.

The method is to:
Select - the work to be studied

Record - how the work is done

Evaluate - all the various consequences

Develop - the best method of doing the job Install - the method as developed

Maintain - the methodology

Monitor -the effectiveness of the method

HSE GUIDANCE

The Health and Safety Executive free leaflet '5 Steps to Risk Assessment' describes the process as containing five distinct steps. These are:

Step 1 Look for the hazards

In carrying out the assessment it is important to look at what could reasonably be expected to cause harm. Ignore the trivia and concentrate on significant hazards that could cause serious harm to one or more people. Speak to the people carrying out the work activity under review; they may identify hazards not patently obvious to you. Manufacturer's manuals, data-sheets, accident and health records can also help spot hazards and put risks into perspective.

Step 2 Decide who may be harmed

As well as operatives there are other people who can be adversely affected such as cleaners, visitors, contractors, maintenance personnel etc. Include members of the public or other people who share the workplace with your organisation.

Identify the hazards associated with the task and decide whether the existing precautions are adequate or whether more could and should be done.

Sources of potential harm can be associated with the working environment in which the work will be carried out or associated with the work activity. These sources could arise from:

Unsafe conditions of buildings or site conditions, overcrowding, working at heights or in confined spaces
Unsafe utility such as electricity, gas, pneumatics, hydraulics, water, lighting
Hazardous chemical or biological agents
The unsafe work of other persons
Unsafe plant, machinery or tools
Internal transport
Human frailties such as incompetence, negligence, tiredness, forgetfulness, stress, special needs
Lack of training
Poor ergonomics
Unsafe systems of work
Fire and/or explosion
Violence and/or working alone

Step 4 Record the findings

If an organisation has less than five employees they do not need to record the findings, however where they have five or more employees the significant findings of assessments must be recorded. This means writing down the most significant hazards and recording your conclusions. For example dust from the•grinding wheels is removed by an adequate well-maintained LEV system.

There is no need to show how the assessment was completed provided you can demonstrate a proper check was carried out, identifying who could be affected and that you have dealt with all of the significant hazards taking account of the numbers of people who could be involved.

Assessments need to be suitable and sufficient, not perfect.

The written assessments must be made known to, and be available for perusal by all personnel involved and must also be available for inspection by the HSE or other enforcement bodies.

Step 5 Reviewing assessments

Assessments must be reviewed where there are changes that may affect the validity of the assessment. For example:

Changes in premises or layout
New or updated types of machinery
New or different substances or processes
Changes in skills of operatives, or shift patterns

Do not amend assessments for every trivial change

The idea is to keep the system of risk assessments as simple as possible but not too simple.

The methodology used to carry out a risk assessment must be 'Suitable and Sufficient' taking into account the degree of danger involved in the activity being assessed. Assessments need to be suitable and sufficient, not perfect.

Special consideration is required for work conducted by:

Children (Under 16 years of age) or young persons {16 to 18 years of age)
Expectant or nursing mothers
Lone, casual or contracted workers
Impaired or disabled persons

Sources of reference

The Management of Health and Safety at Work (ACOP) (L21) HSE Books

Young Persons at Work (HSG165) HSE Books

Relevant statutory provisions
The Management of Health and Safety at Work Regulations 1999

1		Outline the factors that should be considered in carrying out a risk assessment as required by the Management of Health and Safety at Work Regulations 1999.	(8)

2	(a)	Identify the key stages of a workplace risk assessment.	(5)
	(b)	Outline THREE circumstances that might require a risk assessment to be reviewed	(3)

3	(a)	In relation to risk assessments as required by the Management of Health and Safety at Work Regulations 1999, explain the meaning of the term 'suitable and sufficient'	(2)
	(b)	Outline the changes in circumstances that may require a risk assessment to be reviewed.	(6)

4	(a)	Explain using an example, the meaning of the term 'risk'.	(2)
	(b)	Outline the factors that should be considered when selecting individuals to assist in carrying out risk assessments in a workplace.	(6)

2012-07-06T10:37:00.000+01:00

This post is to enable readers to gain understanding of the content through the application of knowledge to familiar and unfamiliar situations. In particular they should be able to:

4.1 Describe the concept of health and safety culture and its significance in the management of health and safety in an organisation

4.2 Identify indicators which could be used to assess the effectiveness of an organisation's health and safety culture and recognise factors that could cause a deterioration

4.3 Identify the factors which influence safety related behaviour at work

4.4 Identify methods which could be used to improve the health and safety culture of an organisation

4.5 Outline the internaland external influences on an organisation's health and safety standards.

One definition of culture is 'mental training and development'.

Cultural influence on corporate bodies with regards to health and safety issues is derived from the currently acceptable standards of care demanded by society in general as well as what is accepted

locally within a particular organisation. Within an workforce it is observed as the moral and ethical duties of care that are habitual in terms of employees looking after their own well-being as well as
any other persons who may be adversely affected by their acts or omissions.

Correlation between health and safety culture and health and safety performance

Low standards of health and safety culture within corporate bodies are much more serious and influentia-l, the further up the line management of the corporate body these low standards of culture are found.
John Donne in the 1ih century said 'No man is an island'. Man by his nature is a social creature and has a basic need to be involved. Effective management develops a good safety culture by
remembering this and responding to the social and psychological needs of their staff.

Managers must remember and build into their company culture the following concepts:

Treat people as individuals
People respond to praise rather than criticism
Motivating words are 'please' and 'thank-you'
People respond to group culture and expectations
People like to be involved
Conflicts should be resolved at an early stage

Everyone seeks two things in life.That is:

Seek Happines Avoid Pain

(S.H.A.P.)

Some people will seek short-term happiness and try to ignore the possible long-term pain.

For example:

Smoking
Taking short cuts at work
Not studying for examinations

Ethical managers will not just respond to legal requirements or indeed to the principle of preventing

accidents. Instead, they will respond to everyone's desire of seeking happiness and wanting to avoid

pain (SHAP). They will commit themselves to doing their best to ensure that all of their

.organisation's employees have a good quality of life not only during their working career, but also in their retirement. This means correcting the things that can debilitate people, mentally and physically, over a period of time.

Good managers will always remember:

Everyone has an invisible notice hanging round their neck saying

"make me feel important"

There are both negative and positive types of indicators both for employees and management

Negative indicators that are above the average for the particular industry:

Numbers of accidents
Absenteeism from works
Sickness rates
Staff turnover
Non-compliances to safety management systems
Complaints about working conditions
Poor industrial relations

Negative indicators within management activities:

Constant reorganisation
Changes in management personnel and style of management
Different approaches and types of managers
Critical management with no recognition of effort or achievement
Uncertainty and fear of down sizing or redundancy
Unrealistic goal setting or goal-posts constantly moved
Poor industrial relations

Positive indicators that are above the average for the particular industry:

A clean, pleasant, safe and well designed place of work
Excellent housekeeping standards
A good safety culture throughout the workforce
Ongoing risk assessments as an integral part of work activity management
Quality management throughout all areas
Good industrial and personal relationships
A profitable organisation with a sound market base where everyone shares in the benefits
A workplace where accidents are alien

These are all examples of safety culture climatic indicators.

Where everyone; staff, contractors, customers and the local community are proud to be associated with the organisation and have a commitment to the organisation

Where the health and safety policy is to do the maximum that is reasonably practicable to achieve and not the minimum so far as legal standards are concerned.

A safety culture must be observed as a commitment from the top management. The further up within a management structure we find pockets of low culture the more serious the problem.

Positive leadership and leading by example will determine health and safety standards in any workplace.

Effects of human and ·organisational factors on health and safety culture

Human factors

There are two main factors to be considered with regards to humans. These are physiological

issues and psychologicalissues.

Physiological issues relate to the physical ability and limitations of humans and psychological issues relate to the strengths and weaknesses of the human mind along with the things that stimulate and debilitate people's minds.

Humans are creatures of habit and their ability to work efficiently and safely are disturbed when they are taken out of their comfort zone. This can be the case in terms of environmental, organisational, work activity and relationship issues.

What is important is that working environments, equipment and systems of work should be designed compatible with human requirements rather than humans having to do the accommodating. Consideration must be given to:

Environmental factors that include:	Organisational factors that include:	Job factors that include:
Spatial requirements	Personal relationships	Illogical design or purchase o equipment
Ambient working temperature	Autocratic/threatening management	Poorly maintained equipmen
Humidity levels/purity of air	Poor or unsafe planning/ systems of work	Constant perceived danger or lack of danger
Plant movement	In-adequate.communications	Working beyond capacity or capability
Colour schemes	Role ambiguity/work pacing	Vegetation of skills
Cleanliness	No feelin of belonging or ownership	Repetitive nature of work
Housekeeping standards	Responsibilities	Comparison to machines
Size of organisation	Threat of redundancy	Quality controls
Lighting standards	Lack of job satisfaction	Obsolete plant
Noise	No prospects	No initiative required
Dangers in the workplace/activities	Poor/lack of communications	Poor operative for job selection criteria

In all of the above, relationships are important. For example:

The relationship of an employee with their fellow employees and line managers
An employee feeling that their needs are being ignored and neglected by those who design and layout workplaces and systems of work, purchase plant machinery and tools or make corporate management decisions
All of these factors contribute to stress that can affect the ability of employees to perform at an optimum level of performance both in terms of quality and safety.

By line management's leadership and example

As already stated, the further up the line management hiearchy we find low pockets of safety culture, the more serious the problem. lt is therfore imperative to ensure management at the very top level of an organisation are aware of the benefits that can be derived from developing a good safety culture. Once this has been established, a programme can be put in place to bring about the changes necessary to improve, sustain and develop the culture in which management lead by example.

Weakness can be developed into power through using stimulating rather than debilitating vocabulary. For example

Using stimulating words and phrases like 'please' and 'thank you', remembering to praise conformance to good standards as well as adequately dealing with non-conformances.

Implementing a programme to develop the items mentioned in the latter part of paragraph E4.3 above.
To develop the programme will require personnel with skills and competence in motivational concepts. lt may be worth organising information briefings and training sessions for line managers in such skills before embarking on the programme.

One person who has a vital role to play is the safety practitioner whao must become, if not already, a stimulator rather than a debilitator by their attitude and demeanor in faciliating and co-ordinating the development of a healthy up-beat safety culture. To do so will require new thinking and concepts that will require imaginative thoughts that are then put into action. This is called 'Vision Management'.

Improvements can also be made by gaining a greater understanding of the pressures that employees have in their daily lives.

For example:

Family demands/relationships	Health	Finance	Insecurity
Insolvency	Tests and check-ups	Inadequate housing	Localculture
Continual demands	Traumas	Sex	Physical danger
Diet/physical stature	Special needs or phobias	Race/religion	Traveling

Whilst the organisation and line managers cannot solve everyone's life pressure problems they should at least take cognisance of the fact there may be a reason for a sudden unexplained down turn in an employee's attitude or diligence at work.

Organisations should recruit personnel with the required characteristics for the-job they will
can then develop their competences through a programme of professional

development consisting of information; instruction and training that will encourage them to have confidence in their ability and a sense of belonging.

Effective communication within the organisation:

Communication can be carried out in many ways.

For example:

a) From person to person

By the spoken word, accompanied by voice inflections. This can be stimulating or debilitating. This type of communication can be individual or colleCtive by means of meetings or toolbox talks where everyone is encouraged to participate.
By the written word, which can be authoritarian, encouraging or threatening. E.g. notices, posters letters, handbooks etc.
Through body language and facial expressions By individuals
By secondary action, i.e.ignoring or bypassing a person. b) By visualaids such as Films, videos, CD's etc.

When developing training courses it is important to understand:

That people differ physically from one another is especially obvious just by looking at them.
That our physical ability increases as we grow from child to adulthood and then begins to decline, as we get older.
Senses such as feel, smell, hearing and sight are also different in individuals and again deteriorates with the aging process. That differences are also present in the ability of humans
is also a commonly recognised fact.

The full importance and nature of the variation amongst people however is not generally
appreciated. Many believe that practice makes perfection; yet no amount of practice on the part of one person will make them as proficient in their work as a little practice will make another.

We also classify people as bright or dull, good or poor workers, easy going or hot-tempered. The implication in each of these pairs is that a person falls into either one of two categories. The reasons could be in many instances related to organisational work factors. For example:

The employee is not given any stimulation by being involved in decision making.
Their job is dull and uninteresting.
Their job is above, or below, the employee's capability or capacity to perform.

In industry it is common practice to pay employees by the hour. This implies that a person's time is what counts rather than how much they accomplish. Paying for time encourages employees to put in their time rather than to produce according to their ability. This can debilitate people and does
not stimulate them to work efficiently.
Everything we do, say or think will either mentally stimulate or debilitate us. In addition everything

we say or do to other people has the same effect. lt is important that all line managers, and indeed safety practitioners, ensure that they stimulate rather than debilitate their work colleagues.

When training it must also be remembered that the human mind cannot think of two things at the same time and that this fact lies behind quite a number of accidents. For example you always remember a rung is missing when climbing a ladder but it's completely forgotten by the time you are coming down.

Motivational factors

Motivational factors will stimulate a person to action.

Examples are:

Praise for good conformance	Possibility of promotion	Incentive schemes
Emergencies	Peer group pressure	Threats

This is our perceived thought about any particular subject that will influence our judgements and decision-making. For example:

Statement is made to a person

And is then filtered through their Attitude to a particular subject

Then the person will make a pronouncement that has been influenced by their Attitude
This highlights the need to try and influence a person’s attitude to be more favourable to what we are about to say before we make a statement to them. There are a number of different ways in which a person’s attitude can be influenced, for example:

Facts or examples

i.e. stating facts that will be influential to the receiver of the information.

Feeding their ego

Praising their attitude or common sense or acknowledging their expertise before you start.

A person will always be more influenced by their own thoughts rather than by the thoughts of others. This requires giving them scope to change their position/attitude.

There are two components that combine to influence a person's attitude. These are: )

Cognitive (learned) ingredients. These are based upon fact, knowledge or experience or beliefs. This latter ingredient is perhaps deeply ingrained and therefor most difficult to change.

Immediate response ingredients: These are based upon a person’s immediate attitude to the fact implanted into their mind.

Perception

This is the way in which people interpret their environment and relationships. lt includes their perception of what is hazardous, constitutes a risk, is dangerous or what is safe. There is a correlation between a person's perception and past experiences as well as their biological and psychological needs.

In perception the mind more readily identifies and evaluates immediate dangers as against the type of dangers associated with long term or slow injuries. For example the perception of a prehistoric man like Fred Flintstone would have identified the dangers associated with being confronted by a sabre tooth tiger much more readily than the hazards associated with food or personnal hygiene. Perception is often based upon past experience.

Remember:

Experience is what we get when
we did not get what we -expected

The child that touches a hot stove did not get what they expected, but they learn, don't touch stoves, they are hot and burn!

The child's perception of dangers associated with stoves is now a defense against the possibility of being burnt.

Idiots never learn from experience, wise people do but the really wise people learn from the experience of others.

Personality includes characteristics that are inherited or evolved. Inherited ones can be temperament, emotions or traits and include whether the person is introvert or extrovert by nature. While some of these characteristics can be altered, they are often deep-rooted and difficult to change although not impossible.

ChC:Jnging the style of in-house communications (verbal, written and graphic) by making them up-beat and optimistic rather than down-beat and pessimistic.
Making the health and safety notice-boards and propaganda attractive and interesting rather than dull and boring

None of us know as much as all of us!

Making dialogue with the work-force a two way affair where open management prevails and management listens as well as imparts.

Remember:

Actively encouraging employees to participate through work and safety committees as well as asking for feed-back on how things are perceived by the work-force pro-actively before changes are made

Internal influences of health and safety culture

These come from:

Individual job activities and organisational factors
The influence of peers
Sense of belonging or not belonging
Sense of ownership or achievement
Perception of risk and danger
Sense of being appreciated and use of motivational language

These come from:

Society in general and local·environs
Statutory legislation and standards of enforcement
Civil case law
Insurers
Trade associations
Trades unions
Shareholders
Economics or trade down sizing

Training requirements

Ensure training is relevant and available where and when required. For example when:
New employees join the organisation
Personnel are promoted or change jobs
Refresher training
New legislation is invoked
New work systems, processes, machinery or technology are introduced
Additional training is identified following an accident investigation

All training should be reviewed and up-dated as required and properly focussed with feedback on benfits in terms of:

Work being less stressful
Work becoming part of each employee's comfort zones
Productivity and human relations improving in the workplace
The workforce feeling part of the management system of the company
Enhancement of the organisation's health and safety·culture.

2012-05-25T09:19:00.003+01:00

(a) List FOUR categories of persons, other than employees, to whom an employer owes a duty to take reasonable care.

(b).Outline the procedure that an organisation may adopt in order to ensure the safety of visitors to its premises. (6)

(a) Outline the duties placed on an employer towards employees under the Health and Safety at Work etc. Act 1974 (10)

(b) Outline an action plan which would help ensure that the employer complies with these duties. (10)

Outline the functions of a safety representative as stated in the Safety Representatives and Safety Committee Regulations 1977. (8)
Outline the topics that may be included on the agenda of a health and safety committee meeting. (8}
In relation to the Health and safety (Consultation with Employee) Regulations 1996

identify:

(i) The health and safety matters on which employees have a duty to consult their employees. (4)

(ii) Four types of information that an employer is NOT obliged to disclose to an employee representative. (4)

(a) Explain under what circumstances an employer must form a safety committee (2)

(b) Explain why a health and safety committee could be ineffective. (6)

E3/1
(a) Categories could include, visitors, contractors, members of the public, trespassers.
(b) Procedures could include: Visitors signing in/out, badge system, Provision of instructions and information, restrictions from dangerous areas, escorting visitors at all times, checking for special needs.

E3/2
(a) Section 2 of the HSW Act'74 requires the provision and maintenance of safe plant, systems of work, articles and substances as well as the provision of adequate information, instruction, training and supervision.

(b) Reference should be made to provision of resources, defining responsibilities, assessing risks, identification of training needs, setting targets and time-scales, monitoring and ensuring adequate consultation.

E3/3
Do not confuse rights of representatives with their functions which are:

Investigating potential dangerous situations and incidents affecting the wellbeing of employees
Dealing with complaints from employees on health and safety matters
Representation and consultation with employers on behalf of employees
Making representations to employees on matters concerning the wellbeing of employees and on general health and safety issues
Representing employees in workplace consultations with enforcing authority inspectors
When appointed attending at safety committee meetings

E3/4
Topics could include:

Review of recent accidents
Review of proactive monitoring such as safety inspections and audits, statutory examinations of plant
Reviewing health surveillance requirement and availability
Review of visits by enforcing authorities
Considering new or pending legislation, APCOP, Guidance notes or trade articles.
Consideration of consultation with staff and questions etc. raised by staff
Reviewing any changes that can affect safety issues
Training and educational needs and availability

E3/5

(i) Introduction of measures that may substantially affect the health and safety of employees
The arrangement for appointing or nominating competent persons
Any health and safety information the employer must provide to employees
The planning and implementation of safety training
The health and safety consequences of introducing new technology, work shifts or patterns
(ii) Not obliged to disclose to employees:

Personal health or medical records of specific individuals

Information regarding national security

Information not related to health and safety issues

Where the information would contravene a statutory prohibition imposed on the employer

Information obtained by the employer in connection with court proceeding

Information that could damage the employer's business interests

E3/6
(a) Where they are requested to do so by two or more trades union appointed safety representatives
(b) Lack of:

Commitment or motivation by members

A formal agenda

A good chairperson

Expertise among member$

Input to decision making

No direction or remit

2012-05-19T20:32:00.000+01:00

The intention of this post is to aide readers in gaining an understanding of the legal and organisational health and safety roles and responsibilities of employers, managers, supervisors, employees and other relevant parties. Also to apprieciate the requirements placed on employers to consult with their employees.

To their employees

The employer has corporate and non-corporate duties of care for employEZes at common law and statute law. These duties are very similar although they are set out in more specific details under the Act.
In essence the statutory duties under section 2 of The Health and Safety at Work etc Act 1974 are that Employers must take all reasonable care to safeguard the health, safety and welfare of their employees. In particular this means providing and maintaining:

Safe plant and systems of work.
Safe handling, storage, maintenance and transportation of articles and substances associated with work.
Adequate selection of employees and thereafter providing sufficient information, instruction, training and supervision.
Safe places of work including access and egress to and from the workplace
Safe working environments and adequate welfare facilities.

Implementation

To implement these duties of care employers require having a good safety policy that branches out into management controls such as those specified in element 2 paragraph 3 Organisation and Arrangements.
Duties to others
Employers have statutory duties placed on them under sections 3 and 4 of The Health and Safety at Work etc. Act 1974 towards persons other than employees, That is:

Contractors who are commissioned to carry out work

Implementation

This duty can be implemented by initially validating contractors as having the skills and resources necessary to carry out the work they will be contracted to do. Thereafter by giving them clear and unambiguous information, instructions within an induction training session to fully understand when on site what is required of them, as well as specific hazards and safety arrangements applicable to them. Thereafter their work should be subject to regular safety monitoring to ensure compliance.

Visitors to siteor premises

Implementation

All visitors must be signed on and off site, and where reasonably practicable always accompanied by a member of staff. They should be given sufficient and adequate information about the safety arrangements in place including emergency arrangements. It is important for the reception staff to ascertain if visitors have any special needs or requirements in order that these can be embraced in the safety arrangements for the visitor's wellbeing. They should also be informed of specific dangers and safeguards on site and of any restrictions on entry to dangerous areas.

Self employed personnelwho are contracted for services

Implementation

Self employed, sub-contractors and delivery personnel must all be made aware of the hazards and arrangements that are in place to ensure their safety and the safety of other persons their work may cause danger to.

Trespassers who come on site (deliberately or inadvertently)

Implementation
This duty requires employers not to deliberately set traps that could injure trespassers. This must also covers children who deliberately or inadvertently stray onto their premises. This also requires where adequate fencing to be in place where danger exists.
If a trespasser fell down an unguarded hole this would be seen in the same light as though it were an employee.

The general public including the elderly and persons with special needs

Implementation

When dealing with the safety of the public it is important to remember that the public is made up of all types of people such as:

Children who are extremely inquisitive with no sense of danger
Elderly people who may be frail and easily confused
Physically challenged persons, for example, partially sighted, hearing deficiencies, degraded mobility etc.
Mentally challenged persons, who may not think like others
People who cannot read
People under the influence of alcohol or drugs
Vandals

The last two groups are not only a danger to themselves but can deliberately set out to injure others.

Directors and senior managers require embracing corporate and individual responsibilities for ensuring the safety policy and corporate arrangements made thereunder are integrated into the management structure and arrangements in their departments.
This includes ensuring:

Adequate financial resources are included in budgets for health, safety and welfare arrangements
All line managers have been given sufficient information, knowledge and training to understand explicitly their contractual, corporate and personal duties of care when carrying out their job accountabilities
That personal appraisals specifically considers accountabilities for health, safety and welfare issues

Middle managers and supervisors must fully understand and be committed to ensuring health, safety and welfare matters are adequately and timeously dealt with as an integrated part of activities in their sphere of operation.
This includes ensuring:

All staff under their jurisdiction are competent and diligent in carrying out their duties in a safe manner and within the framework of instructions and guidance given in training and company practices and procedures
That compliance with duties of care is praised and non-compliance adequately dealt with
That accidents and near miss incidents are recorded and given due care and consideration and where necessary action invoked to avoid recurrences
That pro-active and reactive monitoring is carried out to identify any non-conformances to or of the management system with appropriate action taken

In each case such persons must have sufficient and satisfactory knowledge and personal skills to be able to carry out their functions in a proper manner.
The functions of such persons are to give reasonable, logical and competent advice and assist all personnel in the organisation, particularly directors and all line managers by helping to facilitate and coordinate health, safety and welfare issues in a satisfying manner.

All employees

All employees include everyone from the most senior executive to the most recent addition to staff. Obviously, the more senior the person, the more accountability and responsibility are placed on them.
Sections 7 and 8 of The Health and Safety at Work etc, Act 1974 places duties on all employees to:

Take all reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.
Co-operate with their employers to meet legal obligations.
Neither intentionally nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.

These duties have been extended and detailed by Regulation 14 of the Management of Health and Safety at Work Regulations 1999.

In practice this requires

Employees under these Regulations to notify their employer, or those they appoint to assist them with health and safety matters (for example, the company safety practitioner), without delay of any work situation that might present a serious and imminent danger. Employees should also notify any shortcomings in the health and safety arrangements, even when no immediate danger exists, so that the employer can take r medialaction if needed.

Persons in control of premises

Landlords or persons in control of premises are required by section 4 of the Health and Safety at Work etc. Act 1974 to ensure the means of access and egress is safe for those using their premises.
Section 5 of the 1974 Act relates to emissions of noxious or offensive substances into the atmosphere.

Duties of self-employed persons

Section 3(2) of the Health and Safety at Work etc, Act 1974 imposes a duty on self-employed persons 'to conduct his business in such a way as to ensure so far as is reasonably practicable that he and no other persons who may be affected by his acts or omissions are not unduly exposed to risks to their health and safety'.
These duties are similar to those imposed on employers with the provision they do not require a written safety policy.

Duties of those involved in the supply chain

Section 6 of the Health and Safety at Work etc, Act 1974 imposes duties upon designers, manufacturers, importers, installers and those who hire out plant and equipment to ensure, so far as is reasonably practicable, that the articles or substances for use at work are safe when being properly used.

Implementation

This section of the act imposes duties on all those involved in the supply chain that provides articles and substances to be used at work.
Sufficient research and tests must be competently carried out to validate and ensure substances and articles for use at work are safe when being 'used' in the widest sense; that is used in a reasonably foreseeable and responsible manner. Research and tests can be carried out in-house provided the expertise and independence from business pressures are present. An independent competent authority can also carry out the research and test requirements.
Information about the use to which an article or substance was designed, including any necessary conditions of use to ensure health and safety, must be supplied with the article or substance.
Anyone installing an article for use at work must ensure so far as is reasonably practicable, that nothing about the way it is installed or erected makes it unsafe or a risk to health when properly used.
Manufacturers must ensure quality controls are in place to ensure compliance with design criteria. Importers are legally responsible for the validity of imports.
Hirers of plant and equipment must ensure the plant is in good working order and complies with all statutory requirements.

It is important when contractors are working on site that there is a mutual exchange of information and requirements in both directions.

The contractor conforms to certain safety requirements including provisions for protecting the client's employees and the public from hazards associated with the work to be undertaken. In order to enforce these requirements it is important to spell them out in the contract documents, (this makes them binding), otherwise they are merely loosely enforced agreements.
The contract should also require the contractor to put in place a safety management system that the client reserves the right to monitor at random.
Under no circumstances should a company undertake superv1s1on of the contractor's employees. The usual procedure would be to point out matters of safety to the contractor's site manager so that he can exercise control.

The contractor should request information about:

Any latent hazards on site that may not be commonly considered or easily identified or appreciated.
Any special restrictions on working hours or other requirements that must be taken into account during the contract.
Security arrangements.
Delivery arrangements for plant machinery and other supplies.
Arrangements for the siting of storage and site offices.
Any shared welfare facilities that may be available.
Accident and incident protocols (for example the various notification to whom etc.).
A named client contact person who will be the liaison person for the duration of the contract.

Shared responsibilities in joint occupation of premises

Where there is joint occupation of premises it is imperative that co-ordination and co-operation takes place between the parties concerned. Having the property managed or factored by an externalagency is a good way of dealing with this.
In this way each occupant is responsible for their part of the premises and the factor, or property manager, arranges for building services, welfare arrangements, jointly used parts of the building and security arrangements to be maintained in good order.
The factor or building manager would hold regular meetings with the occupants to discuss any relevant matters including emergency arrangements and evacuation drills.

The Safety Representative and Safety Committee Regulations 1977 provided a set of entitlements to consultation to nominees (safety representatives) of recognised independent trade unions. They gave the right to safety representatives to make a number of inspections, to consult with the employer and to receive information on health and safety matters. The Regulations also provide for training, time off with pay to carry out the functions of safety representation and the right to require the employer to form a safety committee subject to certain requirements.
The Health and Safety (Consultation with Employees) Regulations 1996 apply in organisations that have employees not represented by trade unions. They require employers to consult with their employees on matters that affect, or could affect, their health and safety.
Basically they give the same·rights to non-union personnel as those given to trade union members by the previous Regulations. In some instances they expand or reinforce previous duties.

The duty of employers is to consult with employees in good time on matters relating to their health and safety at work.
NB. 'In good time' means consultation so that the employee's views can be taken into account before decisions are taken.

In particular consultation regarding

The introduction of any measures at the workplace that substantially affect the health and safety of employees.
NB. The employer must provide enough information to allow employees to understand:

What the likely hazards and risks arising from their work or changes to their work are.
The measures in place or about to be introduced to deal with the hazards/risks.
What employees ought to do when encountering hazards/risks including what to do in an emergency?
The employer's arrangements for the appointment, or nomination, of persons to assist in carrying out risk assessments under the Management of Health and Safety at Work Regulations 1999.
Any healttl and safety information the employer requires to provide under relevant statutory provisions. For example, the written safety policy and arrangements.
The planning and organisation of any health and safety training the employer is duty bound to provide under statutory provisions.
The health and safety consequences for employees from the introduction of new technologies into the workplace.

Note: Information and instruction are what is required to be given during training while consultation is the necessity to listen and take account of the views of employees. This latter requirement may take the form of appointing safety representatives and a safety committee

For example:

Consult through one or more freely elected representatives of the workforce.
If no elected representatives are appointed, consult directly with the employees
NB What matters is that employees, or their appointed representatives are made aware of:
When their views are being sought regarding health and safety issues.
Their rights to take part in discussions on all questions relating to their health and safety.

Safety representatives are entitled to:

• Adequate training (in-house or external).
• Time off with pay to carry out their functions, or to attend training.
• Adequate facilities to allow them to carry out their functions.
• View specific documentation which concerns health and safety issues. Information need not be given to safety representatives on matters that:
• Personal health or medicalrecords of specific individuals
• Information regarding national security
·· • ·Information not related to health arid-safety issues
• Where the information would contravene a statutory prohibition imposed on the employer
• Information obtained by the employer in connection with court proceeding
• Information that could damage the employer's business interests.

Complaints against the employer concerning refusal to provide or allow time off for training and for not paying for that time are both heard by an Employment Tribunal

Functions of representatives

Safety representatives have functions to:

Make representations to the employer on hazards and incidents affecting his constituents' health and safety.
Receive information from the HSE.
Investigate potential hazards and incidents affecting those they represent.
Investigate complaints by those they represent.
Carry out inspections of the workplace subject to the agreement of the employer.
Attend meetings of a safety committee (if there is one and they are a member of the committee).

A Company must form a safety committee when requested to do so by two or more recognized trade union appointed safety representatives.
Safety committees should be made up of a number of union appointed safety representatives plus where appropriate a number of elected non-union safety representatives and appointed representatives of management.
An important feature in setting up a safety committee is to draw up a clearly defined constitution and remit and to discuss these with safety representatives. This way, there is no misunderstanding as to what the committee will be doing and everyone knows the ground rules before they start.

Two main features of the constitution should be:

To clearly define the role of the safety committee as being one of an advisory nature to line management.
To ensure that the committee does not become bogged down looking at 'things' but rather at areas where the normal day to day management is not coping, or managing non-conformances in working conditions or practices.

For example, the committee should identify all deficiencies as being one of two non-conformances, i.e. either a non-conformance to the management system (someone is not doing the right thing) or, alternatively, a non-conformance of the management system (where the management system does not cope).
Whilst we all accept that accidents are caused by people, we often find, by observing the minutes of
Safety Committee meetings, that the committee is too concerned with 'things' that are wrong and not people's attitudes.
If, therefore, the committee looks at 'things' but observes these as indicative of attitudes, then it will be much more effective in assisting to develop a good safety culture within the organisation.

The following items are important in the operation of a safety committee:

The committee members should be given adequate training in the job they are doing and also information regarding how the committee will operate. By doing this in advance, we will deal with issues before they become emotive
Safety committees should meet on a regular basis.
Members of the committee should be identified to the workforce in order that they may be communicated with.
Members of the committee, in small groups, should carry out sliced safety audits and report their findings back to the main committee.
The committee should consider accidents and near-miss incidents which could have resulted in serious injury and recommend to the company action, where action could be taken, to prevent a recurrence.
The committee should review and consider any new legislation or court actions relevant to the company's business.
The committee should keep minutes and distribute them as required as soon after the meeting as possible.

The committee should work to a formalised agenda. This could be standardised as follows:

Opened by the Chairman
Attendancetaken
Apologies
Minutes, as distributed, approved
*Any other competent business (this would be added below at item 10)
Agenda approved
Business arising from minutes
Safety report by the company
(NB: this could be by the Safety Advisor of the company and could include accident statistics, reports and actions taken to avoid recurrences etc.)
Correspondence, including reports from sliced audits, new legislation, complaints made by employees to safety representatives, applicable court cases or from sub committees appointed by the committee.
Any other business (added from item 5 above)
Date of next meeting
Close of meeting

* By asking for any other business.early in the meeting it:

Makes members think about things they wish to bring to the committee before they come to the meeting, rather than just re-acting to business as it is discussed.
Allows the chairperson to allocate time for important items rather than 'other business' beif!g added as the meeting progresses.

It is also recommended that the company safety advisor chair the safety committee.This is because:

As safety advisor they can be seen to be neutral and independent.
It takes a senior manager away from the position of making instant decisions.

Remember:

'OUR SECOND THOUGHT ABOUT ANYTHING TENDS TO BE BETTER THAN OUR INSTANT ONE'

The proper structure and use of a safety committee will ensure effective relations between management and staff through their Safety Representatives.

2012-05-05T08:53:00.000+01:00

This Post follows on from a couple I posted a few of months ago for NCC2, this takes it to the final stages where we have to complete the practicle observation walkaround and then prepare a writtenn report to management

NCC2: Construction health and safety practical application Part I

NCC2: Construction health and safety practical application Part II

Important Notes:

This report is not the only way that can be used to write your report, merely an example of what would obtain a good pass.

All defects noted should be chronologically numbered. This will allow for easy reference to items in when writing the report to management.

If you are carrying out inspections in more than one area, please start a new observation sheet for each area.

Number pages as in the sample report.

Please ensure your writing is reasonably legible and leave a space between each paragraph.

Do not attempt to re-write your observation sheets in the time that you are given to write your report to management. If you do, you will run out of time.

The observation sheets used in this post are similar to those you would be given during the actual inspection.

You will be supplied with a several headed sheets of paper. Ensure you complete the headings required.

We recommend that you number each item so that you may refer to it in your report tomanagement.

It is anticipated that the following sample report would receive reasonably good marks in all section

NATIONAL CERTIFICATE IN CONSTRUCTION HEALTH AND SAFETY	Practical unit marking sheet
Unit NCC2 — CONSTRUCTION HEALTH AND SAFETY PRACTICAL APPLICATION		Sheet number ___of_
Candidate name	Candidate number C
Place inspected	Date of inspection

Observations	Priority/ Risk	Actions to be taken (if any)	Time scale
List hazards, unsafe practices and good practices	(H, M, L)	List all immediate and longer-term actions required	(immediate, 1 week, etc.)
1 The guard on lathe No.4 was lying on an adjacent bench	H	Replace guard and instruct the operator it must not be removed	Immediate
2 Tools and waste were lying on a side bench	L	Tools should be properly stored and, Waste put into a waste receptacle	Immediate One week
3 Empty cardboard boxes were lying around on the floor	L	Remove boxes to store or to waste skip as appropriate	One week
4The local exhaust ventilation(LEV) was not properly connected to the bench grinder	M	Secure the LEV to the grinder and instruct the supervisor to be vigilant and ensure it is always connected	Immediate
5 A pool of oil was on the floor next to drill number 4	H	Clean up the oil and speak to the operator	Immediate
6 The earth wire to the electric welding booth table is broken	H	This should be connected at once Efforts should be made to enquire if this was due to lack of knowledge or negligence.	Immediate Two weeks
7 Tins of solvents were lying vented to atmosphere	M	These should be removed or capped Operators should be instructed this must not recur.	Immediate One week
8 The Forklift truck was blocking access to a fire point	L	The driver should be instructed to move the truck to a safe parking place, given the reason why and told not to park it in such a position again.	Immediate
9 The guard on drilling machine No.12 was hanging loose on one bolt	M	Secure the guard. Enquiries should be made as to why it was not reported	Immediate
10 Oil was being stored in two mineral bottles	L	Remove the bottles Employees should be reminded that This practice is unacceptable and given the reasons why.	Immediate
11The visual panel on milling machine (No.9) was cracked	L	The guard should be repaired. Enquire from the operator when this had happened and if it had been reported	One week Immediate
12 A pallet was partially blocking a passageway	L	The pallet should be removed and the forklift driver informed not to block passageways at any time	One week
13 An obsolete Factories Act 1961 poster was on display. Other notices were noted for their absence	L	Remove the obsolete poster. Replace other statutory and information posters as required.	One month
14 Cigarette ends were observed on the floor of the flammable goods store	H	An investigation should be initiated to find out who was smoking and appropriate action taken. Supervisors should be reminded they are expected to be vigilant and spot such unsafe practices	Immediate
15 The lighting above the variable speed turning lathe is undiffused fluorescent lights	M	This type of lighting could cause a stroboscope effect on moving parts and should either be defused or replaced.	Two weeks
16 Cans of paint and empty oil containers had been dumped in the skip for ordinary waste.	M	Remove these cans and drums and have them taken away as hazardous waste by a specialist waste removal company. Instruct staff this must not happen again.	Immediate One week
17 Damage safety goggles and gloves were lying around at random throughout the machine shop	L	These should be removed. Staff reminded of their legal duty to take care of their PPE.	Immediate One week
18 Various hand-tools were lying around damaged. Files were observed with no handles on them	M	Such tools can be dangerous to use and should either be scrapped or repaired. Staff should be reminded of their duty of care	Immediate One week
19 Storage racking had obviously been hit by the forklift truck	L	The racking should be repaired and inquiries made as to why the damage had not been reported. Consideration should be made as to whether the driver should be disciplined or trained.	One month

Note: Start a new sheet for each location visited, but continue the number sequence of observations.

Candidate name _________________________________ Candidate Number C___________

Place inspected _________________________________ Date of Inspection ____ /___ /____

This inspection was carried out to identify:

Hazards and potentially dangerous situations and areas

Breaches of statutory or common law duties of care

Time-scaled recommendations in order to appropriately deal with the hazards, dangerous situations and breaches of legislation identified

The inspection was carried out at a time when no work was being undertaken; therefore observations are only made on the conditions observed at the time of the inspection and any reasonable assumptions that can be made as a result of the observations.

General Observations:
Generally the safety standards observed throughout the premises inspected were reasonable and displayed a good degree of general safety practices and awareness. However there were a number of deficiencies noted mostly of low risk, which are indicative of a certain degree of slackness both in terms of safety supervision and of diligence amongst the workforce.
Observations and recommendations on the necessary action to be taken by local managers and supervisors are shown on the appended observation sheets.
There were two items noted that required immediate attention because of the nature of the hazard and the imminent nature of the associated danger. These are highlighted on the inspection sheets. In each case the deficiencies and recommendations were immediately made known to the local manager for his/her attention.

The earth wire on the metal table in the electric welding booth was broken

Recommendation

Cigarette ends on the floor of the flammable goods store.

Recommendations:

As shown on the observation sheets there were a number of other items that require your attention.
These can be grouped as follows:
Housekeeping: Items 1, 2, 4, 21, 22 & 25 on the observation sheets

Whilst the overall housekeeping standards were reasonable there were a number of items lying around and other situations that required attention.
Housekeeping is often indicative of the safety culture of an organisation and gives first impressions to visitors such as HSE inspectors, insurance personnel or customers.
Poor housekeeping can cause damage to equipment and products and often leads to accidents. It can also constitute a breach of duties of care under The Workplace (Health, Safety and Welfare) Regulations 1992, Section 2 of the health and Safety at Work etc, Act 1974 and common law duties of care.

Recommendations:
On all these grounds it is worth emphasising to employees and supervisors the need for good housekeeping standards to be maintained at all times.

Machinery Safety: Items 1, 4 & 11 on the observation sheets

Deficiencies include missing, loose or damaged guards and local exhaust ventilation. These are all breaches of The Provision and Use of Work Equipment Regulations 1998

Recommendations:
Instructions should be issued to ensure that guards are not removed and defective equipment is reported in order that repairs may be carried out.
There were also no markings on machines to indicate they had been reviewed to ensure they are in compliance with The Provision and Use of Work Equipment Regulations 1998.

Hazardous Substances: Items 7, 10 & 16 on the observation sheets

A certain degree of carelessness was observed with regards to the storing, use and disposal of dangerous substances. This constitutes a breach of The Control of Substances Hazardous to Health Regulations 2002 and The Environmental Protection Act 1990.

Recommendations:
All personnel, especially managers and supervisors should be reminded of the need to adhere strictly to the company policy on the control of substances hazardous to health as it is a requirement of the 2002 Regulations.

Fire Safety: Items 7, 8 & 14 on the observation sheets

There are a number of non-conformances relating to fire safety such as uncapped tins of solvent, fire doors blocked and evidence of smoking. These are non-conformances to the company's own fire precaution arrangements and are in breach of the Fire Precautions (Workplace) Regulations 1997.

Recommendations:
Staff should be reminded of their statutory and contractual duties to comply with fire prevention and protection arrangements.

Personnel Protective Equipment: Item 17 on the observation sheets

There were a number of damaged safety goggles and gloves lying around the workshop. This clearly indicates that employees are in breach of their duties of care to take reasonable care of equipment supplied to them under the Personal Protective Equipment at Work Regulations 1992.

Recommendations:
All employees must be reminded of their statutory duties of care and that if this abuse continues disciplinary action will be taken. It may also be worth discussing this matter at the next meeting of the company safety committee.

Safety Information and Posters: Item 13 on the observation sheets

An old Factories Act poster was on display. This observation indicates a formal procedure is required to renew and review posters around the premises. This could also indicate a breach of the Health and Safety (Safety Signs and Signals) Regulations 1996.

Recommendations:
It is recommended that a procedure be adopted to review and replace as required notices. Obsolete posters reduce the credibility of all notices on display.

Training

It is recommended that some refresher and upgrading training on safety awareness would be an advantage. This could draw the attention of all staff to their statutory, common and contractual duties of care as well as explaining to them good safety practices and the advantages of developing a good safety culture. The training programme should be commenced within a medium time-scale.

Safety Monitoring

This inspection indicates that in the longer term the company would benefit from setting up a safety inspection and auditing system. These audits will be of value in monitoring health and safety compliance with legal requirements and also the safety management system of the company.

Cost of Compliance

Most of the recommendation made can be implemented at little or no cost. In the replacement of equipment costs will be moderate. Whilst safety training will result in some time off work for those attending in-house courses (approximately one half day each) plus fees to tutors the advantages should more than repay themselves over a period of time.

The Benefits

The benefits of implementing the actions recommended will reduce the possibility of recurrence of these types of non-conformances. It will also benefit the company in reducing damage and lost time incidents as well as assisting to improve the overall safety culture of the organisation.

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Item	Marks available	Reason for low marks
Selection of topics management action for urgent	10	Not emphasising the more serious hazards with no attempt to differentiate between trivial issues and important ones.
Consideration of cost implications	5	Unrealistic costs. Better to use statements such as low, medium or high costs with perhaps a general note emphasising the benefits of spending the money.
Identification of beaches of legislation	5	Breaches of legislation not being correctly identified. Candidates will not be penalised for omitting the dates of legislation or for referring to items of legislation in shortened terms where the full title has already been given. Inaccuracies, in titles, or confusion where over where the legislation applies will lead to lower marks being awarded.
Presentation of information	10	Lower marks will be given for poorly structured, reports where items are not in a logical sequence or more important topics not highlighted.
Effectiveness in convincing management to take action	15	Marks awarded in this section will reflect the marks awarded in the other section. Vague, weak or erroneous statements will not inspire action by management.

2012-04-29T10:11:00.001+01:00

As the title sugests this post contains example question from element 2 of the NGC1 Management of health & safety certificate,

Outline the main components of a health and safety management system. (8)

Explain the factors that should be considered when drawing up the arrangements section of a safety policy. (8)

Outline the factors that should be considered when auditing the effectiveness of compliance with an organisation's health and safety policy. (8)

(a) Outline the legal requirements whereby employers must prepare a written statement of their health and safety policy. (2)

Explain

EACH

(i) 'statement of intent' (2)
(ii) 'organisation' (2)
(iii) 'arrangements' (2)

Outline

arrangements

(a) Identify the typical content of the 'statement of intent' section of an organisation's health and safety document. (2)
(b) Outline the factors that may indicate that health and safety standards within an organization do not reflect the objectives within the 'statement of intent'. (6)

E2/1 Answers should have included the objectives set out in HSG65.These are:

The safety policy as being a clear statement of intent, setting the main health and safety aims and objectives of the company

The organisation for health and safety to be such as to ensure clear allocation of responsibilities to members of staff with the emphasis on achieving competency, control, communications and consultation.

Planning and implementation to involve risk assessment, the setting of standards and the introduction of appropriate control measures to achieve standards

Measuring performance by proactive and reactive monitoring methods

Review and auditing to check whether what was planned is actually happening and to consider options for improvement, setting new targets where necessary

E2/2 The answer should include factors rather than a list of topics.
For example, type of Organisation, work processes, hazards, format, layout, skill factors and type of workforce. Marks would be awarded for considering content although this is not the main thrust of this question.

E2/3 Factors that could be included are; the quality, availability and understanding by the workforce of the policy; The use of site tours and inspections etc.; the relevance of performance indicators (e.g. accidents/incident rates); the standard and use of training and maintenance along with records; the cross-checking of health and safety arrangements against practical implementation, the standard of conformance with both management and shop floor activities.

E2/4
(a) The requirements for a safety policy is imposed on employers with 5 or more employees by the Health and safety at Work Act 1974

(b) Statement of intent - demonstrates the organisation's commitment to, and sets objectives for, health and safety

Organisation - identifies health and safety responsibilities and communication channels within the organisation

Arrangements section - details the practical means of achieving the objectives laid down in the policy statement

(c) This section should identify a range of health and safety issues for which arrangements should be in place. For example: Machinery, hazardous substances, manual handling, fire, accident investigation, reporting and control, employee consultation, monitoring arrangements, emergency procedures, risk assessments, maintenance, selection and training of staff etc.

E2/5

(a) The 'statement of intent' is designed to provide an overview of the general health and safety goals and objectives of an organization. Additionally, it should be signd by the most senior person in the organization to demonstrate management's commitment to achieving the stated objectives.

(b) Answers should include:
- Failure to communicate the policy to employees
- A lack of commitment from management
- A lack of investment in health and safety
- A poor overall safety culture
- High accident, incident and ill-health rates
- Low moralamongst employees
- High staff turnover
- Unacceptable rates of absenteeism
- Unsafe and poorly maintained equipment
- Inadequate provision of personalprotective equipment
- The absence of monitoring procedures.

2012-04-23T20:36:00.000+01:00

This post is inteneded to help explain the purpose and importance of setting policy for health and safety and describe the key features and appropriate content of an effective health and safety policy.

The importance of setting policy for health and safety

'enabling'

'made known'

The key features and appropriate content of an organisation's health and safety policy

statement of intention

organisation section

arrangements section

The systems by which safety performance is monitored in order to identify, record and take appropriate action to deal with deficiencies in performance
Identification of the main hazards likely to be encountered by the workforce or other persons who may be affected by work activities.
Significant findings of generic risk assessments and any circumstances when specific risk assessments will be required with arrangements or cross references for dealing with them
Employee selection criteria and subsequent training arrangements
Buildings, plant, machinery, equipment selection criteria along with maintenance arrangements and statutory examination and testing
Material and substance purchasing policy and arrangements
Safety arrangements for products and services
Occupational health facilities including first-aid arrangements
Environmental monitoring policy and arrangements
Methods of reporting accidents and incidents
Methods used to investigate accidents and incidents
Arrangements to validate, appoint and control the work of contractors
The policy for the assessment of the need for personal protective equipment, it's purchase, availability, use, storage and replacement arrangements along with training requirements
Workers consultation arrangements, for example, safety committees
Fire and other emergency arrangements
Arrangements for dealing with safety violations and of encouraging conformance

Safety policies as written statements of the intention of management should be live working documents. They serve as a record of the standard of care that management is intending to provide.
They offer a useful method of evaluating an organisation in terms of their commitment to health and safety matters.
Unfortunately in a considerable number of organisations, especially smaller ones, the policy is merely a useful document to produce if asked to do so by inspectors, insurance companies or clients. In these cases any similarity between what the policy says and what is happening may be only co-incidental!
In using the policy to validate clients it is important to look closely at samples of activities to assess if the policy is indeed a live enabling one or merely cosmetic.
Because the policy is a statutory requirement it may well be used as evidence during a possible prosecution or civil claim for damages.

Safety policies should be revised as often as is necessary. If the statement of intent is well worded in enabling terms it should, like The Health and Safety at Work etc. Act 1974, stand up well to the test of time.
It is more likely that changes will be required occasionally for one or more of the following reasons:

New or amended legislation
The setting of new case law precedents
Following an incident that demonstrated a need for change

Changes in:

products or services
work processes or machinery
personnel
hours of work
premises

Safety policy statements and associate documentation serve as a structure to demonstrate that the organisation is meeting its common and statutory legal requirements. It should always be remembered that the law demands only the minimum of what is acceptable.
Good organisations should use the policy as a stepping-stone to higher objectives that can be based on moral duties and the reduction of financial loss.

2012-04-09T08:40:00.000+01:00

(a) Define the term 'Negligence' (2)
(b) Outline the THREE standard conditions that must be met for an employee to prove a case of alleged negligence against an employer. (6)

(a) Negligence is a civil wrong (delict/tort) involving unreasonable, careless conduct or a breach of common law duty of care resulting in loss, damage or injury.
(b)

A duty of care was owed by the employer
There was a breach of that duty
The breach led directly to the loss, injury or damage.

2. Explain with examples the meaning of the follow terms:

(i) 'Hazard' (2)
(ii) Risk (3)
(iii) 'So far as is reasonably practicable' (3)

(i) Hazard - Something with the inherent ability to cause harm
(ii) Risk- The degree•of exposure to the harm x the potential harm factor

(iii) So far as is reasonably practicable - Assessing risk i.e. the potential harm against sacrifice i.e. the cost in terms of money loss of production or other costs

3. Outline with an example of each the difference between a HSC approved codes of practice and a HSE guidance note. (8)

An ACOP is a practice approved by the HSC with the consent of the Secretary of State and is a recognised interpretation of how an employer may comply with their associated legislation. Although failure to comply is not in itself an offence, the failure may be cited in court in criminal proceedings.
Employers would need to show the met the requirements of the ACOP or show they complied with an equal or better standard. An example is the ACOP to the Management of Health and Safety at Work Regulations 1999
Guidance is is ued by the HSE with the intentions of giving advice on good practice Guidance is normally more practically based than ACOP's and has no legal standing in a court of law.
Examples include those issued on manual handling or Display screen equipment

4. Outline the difference between civil law and criminal law. (8)

Among the differences are Civil law provides remedies while criminal law punishes. The burdens of proof are different in civil law 'On a balance of probability', .in criminal law 'beyond all reasonable doubt'. In civil law the parties involved are two civil bodies (individuals or corporate bodies) whereas in criminal cases it is the state and an individual or corporate body.
There are differences in the sources of law with criminal law generally written in statutes and civil law by judicial precedent

5. (a) Explain giving an example in each case the circumstance under which a health and safety inspector may serve;

(i) An improvement notice• (3)
(ii) A prohibition notice (3)

(b) State the effect on each type of enforcement notice of appealing against it. (2)

Improvement notices are issued when an inspector believes a statutory duty is being, or likely to be breach. For example carrying out work which may have significant risks associated with it and which no risk assessment has been made.
Prohibition notices are issued when the inspector considers there is imminent danger. For example, working with a crane in close proximity to high voltage power lines with no specific safety arrangements.
An appeal against an improvement notice would mean the notice is set aside until the appeal is heard. In the case of an appeal against a prohibition notice the notice will stand until the appeal is heard.

6. Outline the powers given to health and safety inspectors under The Health and Safety at Work etc Act 1974 (8)

Powers given to inspectors include:

Gain access, without a warrant, to a workplace at any reasonable time.
Employ police to assist them, where necessary.
Take equipment, etc on to premises to assist in investigations.
Carry out examinations and investigations as deemed necessary.
Direct that locations remain undisturbed for as long as he/she deems necessary.
Take measurements, photographs and samples.
Take statements; remove certain records and documents.
Require facilities to assist with enquiries.
Issue improvement or prohibition notices
Instigate criminal proceeding against individuals or corporate bodies for breaches of criminal law
Do anything else necessary to enable his/her duty to be carried out.

2012-04-08T12:54:00.001+01:00

From this post is is hoped that readers whos are studying for a NEBOSH certificate will gain an understanding of what will be required for the NCG1 paper, this post is intended to help
1.1 Outline the scope and nature of occupational health and safety
1.2 Explain briefly the moral, legal and financial reasons for promoting good standards of health and safety.
1.3 Outline the legal framework for the regulation of health and safety
1.4 Describe the roles and powers of enforcement agencies, the judiciary and externalagencies
1.5 Identify the nature and key sources of health and safety information
1.6 Outline the key elements of a health ansafety management system.

Health is concerned with the soundness of our physical body and our mind. That is, a condition of our mind and body.
Safety is defined as 'free from harm, injury and risk'. That is, a condition we are in, where the wellbeing of our body and mind are not in danger of being adversely affected.
Welfare is a collection of things that are put in place to ensure our wellbeing (our health) is looked after.
Environmental protection is the guardianship we use to protect the environment, that is, the air, water and earth that surrounds us.

From these statements it can be seen that each of the above is different yet at the same time interrelated in that they are all concernd with the basic function of protecting life and the wellbeing of people.
Accidents, dangerous occurrences, near misses, and work-related ill health (physiological and psychological)

Accidents can be defined as undesired, unplanned events in a series of planned events. The adverse consequences are, in the majority of cases immediate, but can be longer term. These consequences can have both physiological and psychological effects.
Dangerous occurrences are events that have the ability to cause injury and damage. The consequences can be anything from minor to disastrous.
Near misses, are dangerous occurrences that, in the incident in question, did not lead to an accident or dangerous occurrence.
Work related ill-health happens when our protective shields of welfare and environmental protection fail to protect us. Ill-heath, like an accident, can have immediate consequences, but more likely will have long-term consequences often referred to as slow injuries.

Hazard is something that has the inherent ability to cause harm. It can be animal, vegetable, mineral or abstract. It is quantitative; for example, slightly hazardous or very hazardous. Examples: a human, a poisonous plant, asbestos, or threatening behaviour.
Risk is the possibility of exposure to a hazard. Often measured as: Severity of hazard x probability of exposure

Civil law is the law that remains in areas where the state, through Acts of parliament, has not penetrated or intervened. It is law based upon the determination of particular cases in which judgements are made in courts, or on the formulation of general principles.
The purpose of civil law is to compensate a person or organisation (the pursuer) who brings an action for damages against another (the defendant) who has been found guilty of negligence. The person who has suffered the injury or damage must start the action.
The burden of proof is based on 'a preponderance (balance) of probability' and the remedy is reparation or financial compensation.
Criminal law is concerned essentially, with those offences that the state seeks to prevent. These offences can be against the state, against persons or against property.
The burden of proof is 'beyond all reasonable doubt' and it is for the prosecutor to prove this.
A person or organisation found guilty under criminal law of an offence can have penalties imposed. These penalties can befines or imprisonment.

We,that is, The people living today, are a product of an evolved civilisation going back through history to a time when groups of people lived in isolation. As communal groups increased, it was necessary that members of the communities developed culturally acceptable standards of behaviour compatible with living together. This is true of all animals e.g. rats, elephants, tigers, humans, monkeys or apes etc.

Eventually the various types and forms of living creatures, of which man is one, developed customs, practices and procedures which allowed the groups to live in comparative peace and harmony, both within the groups and indeed in co-habitation with other groups.
As groups enlarged and developed, leaders or councils were elected and they in turn appointed people to make judgements about disputes within the group. This has evolved until today where we have sheriffs and judges who make decisions through our civil courts settling disputes between various individuals and/or factions.

When decisions are not well received within a society, wise leaders pay attention to this, so that if a similar type incident arises, decisions will be based on how their previous decisions were accepted.

Today we call such action 'Court Precedents'.

There are many former court cases, which have set precedents and are used by sheriffs and judges when making decisions on cases. It should be noted that, when a superior court makes a judgement, all inferior courts must take the decision into account in making their judgements.

From this method of precedents and evolving law based on cultural acceptable standards, we developed what is known as 'Common Law'.

At work under common law there are five main duties of care that employers owe to their employees. These are to give them:

(i) A safe place of work

In complying with this duty, we must consider the complete 'goldfish bowl' in which people work. That is, the condition of the following:

Grounds, buildings and layout.
Machinery.
Safe storage, handling and use of articles and substances.
Utility services (electricity, gas, water, pneumatics, hydraulics etc).
Environment (temperature/dust/fumes/humidity/lighting/noise/quality of air etc).

(ii) Safe access and egress to/from the workplace

Consider: vehicles, passageways, stairs, ladders, scaffolds, special needs of people, emergency arrangements etc.

(iii) Adequate (fit for purpose) plant, machinery and tools

Consider: fitness for purpose, maintenance, controls, ergonomics (both physical and psychological) etc.

(iv) Safe systems of work

Consider: associated hazards, risks, dangers, compatibility with human abilities and limitations etc.

(v) Competent work-mates

Understand that work-mates are not only members of peer groups of workers but also include:

Supervisors, managers and directors whose acts or omissions ca_n affect others
Contractors who become work-mates.

All of these duties evolve in line with what is acceptable within society. Therefore what was acceptable yesterday may not be acceptable today, and what is acceptable today may not be acceptable tomorrow.

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One of the basic problems with common law is that before a person can proceed ith a civil action for injury or damage the injury or damage has to be_ sustained.Hence the reason the state brings in statutory laws.

The size of the health and safety problem can be seen in the following chart:

Key annual figures 2010/11
Ill Health	1.2 million working people were suffering from a work-related illness.
	Occupational Cancer Over 5000 casesestimated each yearfrom the constructionindustryOther
	Occupational Asthma About 30 000 people currently report they are suffering from breathing or lung problems caused or made worse by their work 2321 people died from mesothelioma in 2009 and thousands more from other occupational cancers and diseases such as COPD.
Injuries	171 workers killed at work.
	115 000 injuries were reported under RIDDOR.
	200 000 reportable injuries (over 3 day absence) occurredoccurred, according to the Labour Force Survey, a rate of 710 per 100 000 workers..
Working Days Lost	26.4 million working days were lost due to work-related illness and workplace injury 15 days per case of work-related illness or workplace injury.
Enforcement	551 offences were prosecuted by HSE with a conviction rate of 94%
Enforcement	129 offences were prosecuted by local authorities with a conviction rate of 97%

Source: HSC Health and Safety Statistics 2010/11.

It speaks for itself when reflecting on these figures that there is a strong moral argument in a civilised society to do all that we can to stop people's quality of life, if not life itself, being destroyed by work activities.

Cost of accidents

Justification of costs of implementing safety and health measures can be seen in terms of:

Keeping the company on the right side of the law
Reducing insurance claims
Good public and industrial relations
Looking after the good reputation of the organisation
Improving morale within the workforce

In addition to the above, accidents are more costly to a company than is generally appreciated. The cost of accidents is divided into direct costs (that is insurance costs) and indirect costs. Associated with every accident unplanned and/or unmanaged event) are considerable losses that are absorbed into what is called overhead costs. These costs are in addition to what would normally be recovered from insurance plus the cost of first-aid facilities.

Indirect costs can include:

Lost time and talent of the injured employee
Lost production and with it, the possible goodwill of customers )
Cost of investigation with possible highlighting of other deficiencies
Court expenditure, including possible fines etc.,
Damage to property, plant and machinery
Cost of industrial and/or public unrest
Increased insurance premiums

Accident costs

These average indirect costs are based on random sampling.

Three day reportable type incidents resulted in losses of................... £589.00
First aid treatment incidents (including up to two days absence) ........ £18.00
Damage type incidents .....................................................................£274.00

The average number of reportable injury incidents in a factory employing 1,000 people is 30 per year.
A review of first aid incidents indicates that the number of entries in first aid books tends to be around
75% of the numbers employed. Note: This does not means that 75% of the workforce requires treatment. Some employees attend for treatment more often than others.
All statistical evidence suggests that there are many more damage type incidents at work than injury incidents.
The survey did not take account of either downtime incidents or cumulative injuries, unless they were recorded in accident books. Note: Statistics have shown that on average, there are a great many more cumulative health injuries at work than physical reportable type injuries.

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Indirect costs

Using these figures we arrive at:
30 x three day incidents at £589.00 each ..........= £17,670.00
750 incidents at £18.00 each ............................= £13,500.00

Assuming that the number of damage incidents are the same as injury ones:
780 damage incidents = £213,720.00

This gives a totalcost of
Turnover costs: = £244,890.00

The only place the money to pay for accidents can come from is turnover profit.
If an organisation's turnover profit is 10%, then for every pound lost in accidents, they must turnover ten pounds.

From the figures above, the organisation would have to turnover £2,448,900

In terms of production this would be the equivalent of:
Making and selling 244,890 shirts with a wholesale price of £10.00.

Purchasing land, obtaining building permission, designing houses and then building an estate of 30 semi-detached houses and selling them.

Optimum level loss control

It is not possible to save all such losses. However if an organisation commits itself to diligently applying a total loss prevention programme, substantial savings can be made on losses that are normally just absorbed into 'overhead costs'.

Statute (criminal) law

Today much of our statute law is being brought in under the umbrella of the Regulations and Directives from the European Union. EU Regulations are directly imposed upon member states, whereas Directives set out general principals that each member state must encompass into their statute laws within an agreed time-scale.

Statute laws, when introduced by the state, will mean that those not complying with the law can be prosecuted by the state through the criminal courts, where if found guilty, the perpetrator of the
offence can be given a warning, fined or sent to prison.

Statutory law

Statute laws are Acts of Parliament such as The Health and Safety at Work etc Act 1974, together with the Regulations, Rules and Orders made within the scope of the Acts.

Modern Acts of Parliament set out principles or objectives and use specific Regulations or Orders to implement the principles/objectives.

Acts of Parliament are primary or principal legislation, whereas Regulations made under the Acts are secondary delegated legislation.By-laws made by local authorities are another example of delegated legislation. Ministers of the Crown make regulations via powers given to them by a Principal Act. Once introduced, they become statute law like the Acts of Parliament and breaches of them
constitute a criminal offence.

Most current legislation concerning health, safety and welfare and almost all of what will be future legislation originates within the European Community framework.

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Administration

The administration of the E.U. is carried out through four bodies:

The Commission

This is formed of Commissioners representing each of the member states. The Commission administers the law throughout the E.U. similar to that of the U.K. civil service. E.U.. Iegislation originates from the Commission in the form of Directives sent for approval to the Council of Ministers.

The Council of Ministers

This is composed of delegates from each member state. It is similar to the Government of the U.K. and voting is proportional, depending on the size of each country's population. Matters concerning health and safety are subject to qualified majority voting.

The European Parliament

This is formed of representatives elected from constituencies from within member states. It consults and debates on all proposed legislation.

European Court of Justice

This adjudicates on the law of .the EEC and its decision is binding upon all member states' judicial courts by virtue of the EEC Act 1972. It has 13 Judges, including one from each member state. The European Court of Human Rights enforces agreed community standards on the protection of human rights and fundamental freedom.

Apart from the general provisions of the Treaty of Rome (which is signed by all member states), there are three elements of European Law:

European Regulations

These are passed by the Council of Ministers and are adopted immediately .into the legal framework of each member state. They a.re directly imposed on every citizen living within the EC.

Directives

These set out general objective standards, which must be achieved by member states within a specific time-scale. Member states can decide whether to alter their own individual legal framework to meet the objectives of Directives or adopt them directly. In the UK, the implementation is by Statutory Instruments, i.e. Regulations.

Decisions

These are decisions reached when a matter is taken to the European Courts and affects only the parties directly concerned, although they do set precedents.
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Statute laws are Acts of Parliament such as The Health and Safety at Work etc Act 1974, together with the Regulations, Rules and Orders made within the scope of the Acts.
Modern Acts of Parliament set out principles or objectives and use specific Regulations or Orders to implement the principles/objectives.
Acts of Parliament are primary or principal legislation, whereas Regulations made under the Acts are secondary delegated legislation. By-laws made by local authorities are another example of delegated legislation. Ministers of the Crown make regulations via powers given to them by a Principal Act. Once introduced, they become statute law like the Acts of Parliament and breaches of them constitute a criminal offence.

The Health and Safety at Work etc, Act, 1974

This is the primary piece of legislation on which all of our statutory legal requirements concerning health and safety at work is based. It is an enabling Act in that it sets out objectives to be achieved rather than specific requirements.

The following sections, 2 - 9 contain the main thrust of those requirements.

Employers must take all reasonable care to safeguard the health, safety and welfare of their employees. In particular this means providing and maintaining:

Safe plant and systems of work.
Safe handling, storage, maintenance and transportation of articles and substances associated with work.
Adequate selection of employees and thereafter providing sufficient information, instruction, training and supervision.
Safe places of work including access and egress.
Safe working environments and adequate welfare facilities

There is an absolute duty on employers with five or more employees to prepare revise as necessary and communicate to all staff, a written safety policy detailing a policy of intent and organisational arrangements for implementing it.
Employers must consult with employees on health and safety matters, and where requested to do so by two or more trades union appointed safety representative, set up a safety committee.
The self -employed has similar duties but do not require a written safety policy.

These sections impose duties of care on employers towards persons other than employees, e.g. contractors, visitors, self-employed and general public.

Repealed

Designers, manufacturers, importers, installers and those who hire out plant and/or equipment have a duty to ensure, so far as is reasonably practicable, that the article or substance for use at work is safe when being properly used.
Sufficient tests etc., must be competently carried out to validate the article or substance for use at work.
All necessary information must be provided regarding the article or substance and the safeguards to be observed when using or storing it. Such information should not just be 'made available'.

Duties are placed on employees at work to:

Take all reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.
Co-operate with their employers to meet legal obligations.
Neither intentionally, nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.

The employer is not allo ed to charge employees for anything done or provided to meet specific statutory requirements.

These are brought in to supplement statutory legislation such as Acts and Regulations.
They give guidance on the general requirements and explain how the requirements can best be adequately implemented. This effectively allows standards to be kept current by altering the ACOP rather than having to amend the legislation.
Failure to comply with an ACOP is not in itself an offence, but failure is held to be proof of contravention unless the defender can show the compliance was achieved in some other way.
The test would be that the 'other way' did not in any way circumvent the element of care in the ACOP.

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These are issued by the HSE as opinions of good practice. They have no legal force, but becquse of their origin would be 'persuasive' in practice with lower courts, and useful in civil cases to establish reasonable standards of care.
Types of duties imposed by statute

Absolute duty - otherwise known as 'Strict Liability'

An Act or Regulation where there is a high risk of severe injury or a high risk of an occurrence,
which could lead to severe injury, imposes this duty. The words 'must' or 'shall' appear in the , )
requirement of the Act or Regulation.

Duty to do what is 'Practicable'

• Some Regulations state that action must be taken so far as is practicable. To implement this duty, the employer must consider current technological knowledge and feasibility. Some degree of reasonability can be applied and account taken of current practice - but cautiously. 'Practicable' means something less than physically possible.

Duty to do 'So far as is reasonably practicable'

This phrase qualifies almost all of the general duties imposed by the Health and Safety at Work etc. Act 1974.
It allows a balance to be made between the cost of the action proposed (in terms of money,
time or inconvenience) against the degree of risk associated with the situation being )
considered.

The employer's duty of care and the rights and expectations of employees

The employer's duty of care toward employees is expressed in common law as providing:

A safe place of work
Safe access and egress to and from the place of work
Adequate and safe plant machinery and tools for use at work
Safe systems of work
Competent work-mates

In addition employers have a duty to ensure their work activities do not impinge upon the wellbeing of other persons.
These duties are now embedded within statutory law in the form of The Health and Safety at Work etc., Act 1974 and Regulations made thereunder. Employees have the right to expect their employer to give all due care and attention to matters concerning their health and saf ty. That is the employer meeting both his statutory and common law duties of care.

The employer's common law and statutory duties of care

The duties of care include such items as ensuring:

Adequate consideration is given to the selection of staff that are, or can be, developed through education and training to be able to competently carry out the type of work detailed in their job
description.
Proper consideration is given to the adequacy and maintenance of places of work, plant,
machinery, tools and systems of work. These must be maintained in conditions that are safe and free from undue risks to employees or any other persons who may be affected by work activities.
Sufficient monitoring arrangements are carried out that will identify non-conformances of or to the management systems and thereafter taking appropriate action to eliminate such non conformances.

The enforcement arrangements

The Health and Safety Executive (HSE) is the enforcement body of the Health and Safety Commission (HSC).

The HSC consists of ten .members appointed by the Government from industry, trade unions, local authorities and other interested groups (currently consumers).
The HSE has the principle responsibility for enforcing legislation and employ enforcement officers (inspectors). For lower risk activities and premises such as offices and retail outlets, the powers of enforcement are delegated to local authority environmental departments, whose officers (EHOs) have the same powers as HSE inspectors.

Powers of inspectors

An appointed inspector can:

Gain access, without a warrant, to a workplace at any reasonable time.
Employ police to assist them, where necessary.
Take equipment, etc on to premises to assist in investigations.
Carry out examinations and investigations as deemed necessary.
Direct that locations remain undisturbed for as long as they deem necessary.
Take measurements, photographs and samples.
Take statements; remove certain records and documents.
Require facilities to assist with enquiries.
Do anything else necessary to enable their duties to be carried out.

Enforcement

Where an inspector discovers what is considered to be a contravention of an Act or Regulation, they
can:

Issue a Prohibition Notice with immediate or deferred effect. Such a notice will prohibit the activity described in it. The inspector will issue such a notice where it is considered that there is an imminent risk of serious injury.
- An appeal can be made against the notice but the notice will remain in force until the appeal is heard.
Issue an Improvement Notice, which will specify a timescale within which the rectification of the contravention must take place.
- Appeals can be made within 21 days to an employment tribunal.This would postpone the notice until the appeal is heard.
Prosecute any individualwho contravenes a requirement or fails to comply with a notice.
Seize and/or render harmless any substance or article which is considered to be of imminent danger.

Penalties

The Health and Safety at Work etc Act, section 33 (as amended) sets out the offences and maximum penalties under health and safety legislation.

Failing to comply with an improvement or prohibition notice, or a court remedy order (issued under the HSW Act sections 21, 22 and 42 respectively):

Lower court maximum £20,000 and/or 6 months imprisonment

Higher court maximum unlimited fine and/or 2 years imprisonment

Breach of sections 2 - 6 of the HSW Act, which set out the general duties of employers, self employed persons, manufacturers and suppliers to safeguard the health and safety of workers and members of the public who may be affected by work activities:

Lower court maximum £20,000

Higher court maximum unlimited fine

Other breaches of the HSW Act, and breaches of 1relevant statutory provisions' under the Act, which include all health and safety regulations. These impose both general and more specific requirements, such as requirements to carry out a suitable and sufficient risk assessment or to
provide suitable personal protective equipment:

Lower court maximum £5,000

Higher court maximum unlimited fine

Contravening licence requirements, or provisions relating to explosives. Licensing requirements apply to nuclear installations, asbestos removal, and storage and manufacture of explosives. All entail serious hazards, which must be rigorously controlled.

Lower court maximum £5,000

Higher court maximum unlimited fine and/or 2 years imprisonment

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Tribunals are part of the statutory system of law in which different tribunals are regulated by differing statutory provisions. They are not courts but are bodies established to make decisions in particular areas of law. The legal instrument that brings them into being regulates them. Employment Tribunals are chaired by a legally qualified person and normally have one member representing the CBI and one representing the TUC. The tribunal has the power to either cancel or affirm a notice. The tribunal can affirm the notice in its original form or with such modifications as the tribunal may in the circumstances see fit.

Appeals against tribunal decisions are allowed on questions of law, decisions being referred back to the tribunal if it has acted improperly, exceeded it's jurisdiction or refused to hear a case.

Civil liabilities

A 'delict' is a civil wrong; it is termed a 'tort' in England. It is harmful conduct by a person or organisation that causes loss or injury to another person. It subjects the person or organisation responsible for a loss or injury to legal liability and to make reparation for the damage caused.
Delict is summed up by the maxim 'Damnum injuria datum'- loss caused by legal wrong. The three elements can be defined as:

Damnum - loss or injury suffered by the party who has been wronged.
Injuria - conduct which mounts to a legal wrong.
A causative link between damnum and injuria Le.loss and injury must be directly linked to the legal wrong.

The duty of care required by common law, if civil liability for negligence is to be avoided, seeks to ensure simply that a person takes 'reasonable care' if he is in a situation where, if he were to fail to take such care, it could be foreseen that somebody else might suffer injury or loss.
Negligence is when a person fails in their common law duty of care to another.
The three questions, which must be answered in the affirmative in order to establish liability for negligence, are:

(i) Did the defender owe a duty of care to the pursuer?
(ii) Was there a breach of that duty of care?
(iii) Did the damages sustained by the pursuer result directly from the breach of duty?

Vicarious liability

Vicarious liability is where one person is held responsible for the acts or omissions of another.
Under common law, an employer is always held responsible for the acts or omissions of his employees whilst they are at work.

Courts

Civil cases in Scotland are dealt with at the Sheriff Court and appeals firstly at the Court of Session
and thereafter in the House of Lords.
Criminal cases in Scotland would normally be heard in the Sheriff Court and appeals in the High
Court of Justiciary and thereafter the Criminal Court of Appeal.

Defences

General defences that may be pleaded are:

All reasonable action was taken.
No duty of care was owed.
There was no breach of duty.
The injury/damage was too remote from the breach.
Mistake.
Statutory requirement i.e. the act was carried out under a statutory requirement.
Necessity e.g. where a house on fire is demolished.
Private defence e.g. reasonable force is used to defend oneself.
Inevitable accident e.g. not avoidable by any reasonable action that may have been taken.
Volenti-non-fit injuria i.e. a person cannot complain of an injury if they deliberately took the risk.

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The Health and Safety Commission (HSC)

The HSC are appointed by the Secretary for State and consists of a chairperson and nine members. Three are appointed after consultation with employers' organ_isations, three after consultation with employees' organisations and two after consultation with local authorities.
It is the duty of the HSC to:

Assist and encourage people in furthering safety
Arrange for the carrying out of research and to encourage research and the provision of training and information by others
Provide an information and advisory service
Submit proposals for regulations
Report to and act on directions given by the Secretary for State
Liase with local authorities and fire authorities to whom it has delegated some of it's duties

The Health and Safety Executive (HSE)

The HSE, which is appointed by the HSC, has responsibility for implementation. It consists of three persons one of who is the director and has a duty to perform such functions that the HSC directs him to do. For example the HSC may direct the HSE to make a special report on any accident, occurrence or other matter for a general purpose or with a view to making new Regulations.
The HSE employs Inspectors whose main function is to oversee the ways in which organisations try to comply with statutory duties of care and to take action where they find non-conformances.

Local Authorities

Local authorities have delegated powers to bring in specific by-laws. They also employ Environmental Health Officers (EHO's) who have the same powers as HSE inspectors. Environmental Health Officers inspect standards of compliance within offices, shops and non-or light industrial premises.

Fire Authorities

The Fire Authorities carry out inspections of work places and enforce compliance with in particular issues relating to fire risk assessments. They also offer advice on fire precautions and have powers to issue prohibition and improvement notices in the same manner as the HSE and EHO inspectors.

The Scottish Environmental Protection Agency

The Scottish Environmental Protection Agency was established in 1996 by the Environmental Protection Act and laid down its authority and responsibility. The Agency has amongst its duties a responsibility to carry out assessments of existing/potential pollution levels. It will also identify options for prevention/minimisation rather than punishment and compensation for individual offences committed and injuries suffered in connection with occupation of land (e.g. common law nuisance). To some extent this is still the trend today. A similar Agency operatesin England and Wales.

Insurance Companies

There are two forms of insurance that are compulsory. These are Employer's Liability and Motor Insurance. Other types of insurances are optional although few companies would operate without for example, fire insurance.

The trend today is for insurance companies to take a more hands-on approach when underwriting liability and engineering insurance.

Most insurers employ liability surveyors to visit their clients in order to establish the level of safety culture that exists. They will also assess the quality of management system and it's implementation as well as compliance with statutory duties of care.

They will consider the monitoring arrangements within the organisation to identify non-conformances and take corrective action.

The insurer will then recommend an action plan to the insured and whilst these are only recommendations, non-compliance may affect the premiums for insurance and in some instances lead to a cancellation.

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Within an organisation there will be a variety of different sources of information both internal and external:
Internal sources:

Drawings of buildings, describing materials, incoming services etc.,
Manufacturer's instruction manuals for plant and machinery
Maintenance records of plant and machinery
Accident and incident investigation records
Names of suppliers and service organisations
Reports from outside agencies such as HSE, customer audits, and insurance companies
Training records
Job descriptions
Safety policy and arrangements

External sources:

Manufacturers handouts and booklets
HSC and HSE publications
Trades associations
International Labour Organisation
British standards
Internet
Encyclopaedias
Case law
Magazines and newspapers

In the HSE publication HSG65 the six main elements for successful health and safety management are listed as:

Policy

Having in place a well written and clearly definitive policy with regards to health and safety issues

Organisation

Adequate levels of control, communications, competence, co-operation

Planning and implementing

Pro-active management planning to ensure all events are adequately managed and active and positive implementation of planning strategy

Measuring performance

Active (inspections, sampling or health monitoring etc.,) and re-active (investigating accidents, dangerous incidents, health problems etc.,) monitoring

Reviewing performance

Carrying out critical analysis of how well the system of management is functioning with regards to h alth and safety issues

Auditing

Carrying out a comprehensive audit to identify non-conformances of or.to the management system and then taking appropriate action to eliminatthe non-conformances.

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2012-03-26T07:29:00.003+01:00

The Legislation that surrounds Health and Safety in the UK is quite far reaching and complex, this is a list that effects the day to day lives of people in industry, this legislation forms the backbone of the Health & Safety ethos we now work with, not that this list is everything, more of its a good place to start and if we can comply with this lot thne will not be too far away fom creating a reasonable safe working environment.

Legislation List of contents

Section No:	Description
1	The Legal background
2	The European influence
3	The Health and Safety at Work etc. Act, 1974
4	United Kingdom Regulations
4/1	The Management of Health and Safety at Work Regulations 1999
4/2	The Control of Substances Hazardous to Health Regulations 2002 (amended 2004)
4/3	The Electricity at Work Regulations 1989
4/4	The Control of Noise at Work Regulations 2005
4/5	The Personal Protective Equipment at Work Regulations 1992
4/6	The Workplace (Health, Safety and Welfare) Regulations 1992
4/7	The Provision and Use of Work Equipment Regulations 1998
4/8	The Lifting Operations and Lifting Equipment Regulations 1998
4.9	The Manual Handling Operations Regulations 1992
4/10	The Health and Safety (Display Screen Equipment) Regulations 1992
4/11	The Health and Safety (First Aid) Regulations 1981
4/12	The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995
4/13	The Health and Safety (Safety Signs and Signals) Regulations 1996
4/14	The Construction (Design and Management) Regulations 2007
4/15	The Work at Height Regulations 2005
4/16	The Control of Vibration at Work Regulations 2005
4/17	The Confined Spaces Regulations 1997
4/18	The Health and Safety Consultation with Employees Regulations 1996
4/19	The Regulatory Reform (Fire Safety) Order 2005 in England and Wales and The Fire (Scotland) Act 2005
4/20	The Fire Precautions (Workplace) Regulations 1997 the Amendment Regulations of 1999
4/21	The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).
4/22	The Safety Representatives and Safety Committee Regulations 1977
4/23	The Health and Safety Information for Employees Regulations 1989
4/24	The Supply of Machinery (Safety) Regulations 1992
4/25	The Chemical(Hazard Information and Packaging or Supply) Regulations 2002
4/26	The Hazardous Waste (England and Wales) Regulations 2005
4/27	The Special Waste Amendment (Scotland) Regulations 2004
4/28	The Environmental Protection Act 1990
5	Approved Codes of Practice
6	Guidance Notes
7	The Concept of Self-Regulation
8	Attitude to new Regulations and/or approved Codes of Practice
9	Supervising and Enforcement
9/1	Enforcing body
9/2	Powers of Inspectors
9/3	Enforcement
9/4	Penalties

Cultural influence
Common law concerning health and safety issues is influenced by what is seen to be the currently acceptable standards of care demanded by society, individuals or corporate bodies.
Standards of care
Standard of care in common law are interpreted by courts of law.
Decisions made by higher courts are binding on lower courts. These are called 'precedents'. Lower court decisions are called 'persuasive' in that they assist in reaching decisions.
House of Lords decisions are binding on all decisions made by lower courts. They can only be overridden by:

A decision of Parliament
An act of Parliament
European court decisions

Civil actions for damages
In the event of a civil action, the following questions are asked:

Did the defender owe a duty of care to the claimant?
Was there a breach of the duty of care?
Did the damages being sued for result directly from the breach of duty?

For the case to be won by the claimant, these three questions must be answered in the affirmative.
Statutory law
Statute laws are Acts of Parliament such as The Health and Safety at Work etc Act 1974, together with the Regulations, Rules and Orders made within the scope of the Acts.
Modern Acts of Parliament set out principles or objectives and use specific Regulations or Orders to implement the principles/objectives.
Acts of Parliament are Primary or Principal legislation, whereas Regulations made under the Acts are Secondary delegated legislation. By-laws made by local authorities are another example of delegated legislation. Ministers of the Crown make regulations via powers given to them by a Principal Act. Once introduced, they become statute law like the Acts of Parliament and a breach constitutes a criminal offence.
Types of statutory duties

Absolute duty - otherwise known as 'Strict Liability'

This duty is imposed by an Act or Regulation where there is a high risk of severe injury or an occurrence that could lead to severe injury. The words 'must' or 'shall' appear in the requirement of the Act or Regulation.

Duty to do what is 'Practicable'

Some Regulations state that action must be taken so far as is practicable. To implement this duty, the employer must consider current technological knowledge and feasibility. Some degree of reasonability can be applied and account taken of current practice - but cautiously. 'Practicable' means something less than physically possible.

Duty to do all that is 'Reasonably Practicable'

This phrase qualifies almost all of the general duties imposed by the Health and Safety at Work etc. Act 1974. It allows a balance to be made between the cost of the action proposed (in terms of money, time or inconvenience) as against the degree of risk associated with the situation being considered.
This is the best that can be achieved, taking account of the balanced judgement of cost against risk. This judgement may have to be defended at sometime, therefore it should always err on the safe side.

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Most current legislation concerning health, safety and welfare and almost all of what will be future legislation originates within the European Community framework.
E.U. Administration
The administration of the E.U. is carried out through four bodies:

The Commission:
This is formed of Commissioners representing each of the member states. The Commission administers the law throughout the E.U. similar to that of the U.K. civil service. E.U. legislation originates from the Commission in the form of Directives sent for approval to the Council of Ministers. The Council of Ministers:

The European Parliament:

This is formed of representatives elected from constituencies from within member states. It consults and debates on all proposed legislation.

European Court of Justice:

This adjudicates upon the law of the EEC and its decision is binding upon all member states' judicial courts by virtue of the EEC Act 1972. It has 13 Judges, including one from each member state. The European Court of Human Rights enforces agreed community standards on the protection of human rights and fundamental freedom.
Elements of EC law:
Apart from the general provisions of the Treaty of Rome (which is signed by all member states), there are three elements of European Law:

European Regulations:

These are passed by the Council of Ministers and are adopted immediately into the legal framework of each member state. They are directly imposed upon every citizen living within the EC.

Directives:

Decisions:

These are decisions reached when a matter is taken to the European Courts and affects only the parties directly concerned, although they do set precedents.
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This is the primary piece of legislation on which is based all of our statutory legal requirements concerning health and safety at work. It is an enabling Act in that it sets out objectives to be achieved rather than specific requirements.
The following sections, 2 - 9 contain the main thrust of those requirements.
Section 2:
Employers must take all reasonable care to safeguard the health, safety and welfare of their employees. In particular this means providing and maintaining:

Safe plant and systems of work.
Safe handling, storage, maintenance and transportation of articles and substances associated with work.
Adequate selection of employees and thereafter providing sufficient information, instruction, training and supervision.
Safe places of work including access and egress.
Safe working environments and adequate welfare facilities. Note how similar these statutory duties are to the five duties of common law.

There is an absolute duty upon employers with more than four employees to prepare, revise as necessary and make known to all staff, a written safety policy detailing a policy of intent and organisational arrangements for implementing it.
Employers must consult with employees on health and safety matters, and where requested to do so by two or more trades union appointed safety representative, set up a safety committee.
The self-employed has similar duties but do not require to have a written safety policy.
Sections 3 & 4:
These sections impose duties of care upon employers towards persons other than employees, e.g. contractors, visitors, self-employed and general public.
Section 5:
Harmful emissions into the atmosphere must be prevented from prescribed operations.
Section 6:
Designers, manufacturers, importers, installers and those who hire out plant and/or equipment have a duty to ensure, so far as is reasonably practicable, that the article or substance for use at work is safe when being properly used.
Sufficient tests etc., must be competently carried out to validate the article or substance for use at work.
All necessary information must be provided regarding the article or substance and the safeguards to be observed when using or storing it. Such information should not just be 'made available'.
Section 7 & 8:
Duties are placed upon employees at work to: Take all reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.

Co-operate with their employers to meet legal obligations.
Neither intentionally nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.

Sections 9:
The employer is not allowed to charge employees for anything done or provided to meet specific statutory requirement

There are a considerable number of sets of U.K. Regulations which organisations and individuals must adhere to.
The following is a list of the most common ones together with management action plans.

These Regulations may be considered the most important, because they contain the requirement that all work activities must be subject to pro-active risk assessment.
The concept and methodology of carrying out risk assessment are contained in Unit 5 A summary of the requirements of these Regulations is:

Requirement to carry out work activity risk assessments and record the findings and safeguards where the risk identified is significant.
To have in place effective management control systems.
Where necessary to carry out appropriate health surveillance.
To ensure that managers have appropriate competent people to assist them on matters related to health and safety.
Contingency planning in place to deal with serious and/or imminent danger.
Requirement to give employees comprehensive and relevant information regarding health and safety issues.
Requirement for inter-employer co-operation where necessary. (e.g. between contractors and clients or other contractors etc.,)
Adequate employee selection criteria which includes a capability assessment.
To ensure that all training incorporates health and safety considerations.
To give special consideration to assess risks to new or expectant mothers and their children.
To give special consideration to assess risks to young persons.
Requirement for employees to co-operate with employers in managing health and safety issues. This includes working in accordance with information, instruction and training.

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Hazardous substances may be natural or man made and include chemicals, biochemicals such as pesticides, growth hormones and process hazards.
There are six stages of control. These are:

Hazard identification

Information received from suppliers through labels or substance data sheets.
Information regarding processes. (e.g. dust, fumes or gasses etc.)
Information from data regarding natural hazards from plants, animals, certain materials (e.g. foam rubbers or fungicide treatment in wallpaper pastes etc.,)

Risk assessment

Risk control

Competence of personnel

Monitoring

Records

Electrical dangers can result in:

The Regulations require an employer to:
assess the risks to employees from noise at work;
take action to reduce the noise exposure that produces those risks;
Electric shock.
Electric burns
Electrical fires
Explosions

These Regulations include:

Requirement regarding the need to properly construct and maintain equipment
Need for care when working on or near electrical equipment
Need to provide adequate protective equipment
Proper care in bringing equipment into service
Adequate protection of equipment
Precautions relating to conductors
Satisfactory protection from excessive current
Need for satisfactory switch off and effective isolation procedures
Restriction of work on live equipment unless absolutely necessary
Provision of adequate space, access and lighting when working on equipment
Personnel carrying out electrical work must be competent and/or adequately supervised

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The Control of Noise at Work Regulations 2005 require employers to prevent or reduce risks to health and safety from exposure to noise at work. Employees have duties under the Regulations too.

provide employees with hearing protection if they cannot reduce the noise exposure enough by using other methods;
make sure the legal limits on noise exposure are not exceeded;
provide employees with information, instruction and training;
carry out health surveillance where there is a risk to health. The Regulations do not apply to:
members of the public exposed to noise from their non-work activities, or making an informed choice to go to noisy places;
low-level noise which is a nuisance but causes no risk of hearing damage.

Employers in the music and entertainment sectors have until 6 April 2008 to comply with the Noise Regulations 2005. Meanwhile they must continue to comply with the Noise at Work Regulations 1989, which the 2005 Regulations replace for all other workplaces.
The Noise Regulations require employers to take specific action at certain action values. These relate to:

the levels of exposure to noise for employees averaged over a working day or week; and
the maximum noise (peak sound pressure) to which employees are exposed in a working day. The values are:
lower exposure action values: — daily or weekly exposure of 80 dB; — peak sound pressure of 135 dB;
upper exposure action values: — daily or weekly exposure of 85 dB; — peak sound pressure of 137 dB.

There are also levels of noise exposure which must not be exceeded:

exposure limit values: — daily or weekly exposure of 87 dB; — peak sound pressure of 140 dB.

These exposure limit values take account of any reduction in exposure provided by hearing protection.

Summary of the requirements:

Provision of PPE must be as a last resort.
A suitable assessment must be made to ensure that the equipment supplied is:
Appropriate for the risk and environment in which it will be used
Ergonomically sound and compatible with the user
Capable of fitting the wearer after adjustment
Effective in eliminating or controlling the risk without leading to any other increased risks so far as is reasonably practicable
Compatible with current E.U. and U.K. Standards
Items of PPE must be compatible with each other where more than one piece is worn.
There must be adequate maintenance of PPE and satisfactory replacement arrangements.
Users must be given sufficient information, instruction and training.
Employers must take all reasonable steps to ensure that PPE provided is being properly used.
Employees must report the loss of, or any defects in, PPE to their employers.
No charge can be made for PPE that is required, and used only at work. (Section 9 of HSW Act 1974)

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Summary of the requirements:

The workplace must be properly maintained and kept reasonably clean.
The working environment must be subject to adequate controls; e.g. lighting, ventilation, temperature, humidity, quality of air etc.,
Employees must be given an adequate workspace allocation.
Consideration must be given to ensuring the ergonomic design and arrangements of workstations are satisfactory.
There must be adequate pedestrian and traffic routes.
Protection shall be provided to prevent the fall of persons or things.
All glazing must be properly designed and maintained with adequate arrangements for cleaning in place.
All doors and gates must be suitably constructed designed and located.
All travelators and escalators must be safe by design, adequately functional and properly maintained.
There must be:
A ready supply of wholesome drinking water.
Adequate accommodation for clothing and facilities for changing.
Adequate facilities for resting and meals.

Summary of requirements:

Equipment must be suitable and fit for purpose
Equipment must be adequately maintain
Consideration of inspection requirements must be made
Equipment must only be used by authorised persons
Need to ensure operators, maintenance staff and supervisors are given adequate information, instruction and training
Requirement to reduce the risks associated with equipment
Requirement to ergonomically design and install both the work equipment and it's control systems
All equipment must have an identifiable means of isolation from power sources
All equipment should have clear warning and warning devices as appropriate to ensure health and safety arrangements are satisfactory
All equipment bought from 1 January 1993 to conform to E.U. safety standards i.e. marked with the CE stamps.

NB. There are approved codes of practice covering specific types of equipment e.g. wood working machines and power presses.
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Note: All lifting equipment must conform to these Regulations in addition to meeting the requirements of the PUWER Regulations.
Summary of requirements:

All lifting operations must be planned by a 'competent person'.
All lifting equipment must be assessed to decide if it requires a periodic examination by a 'competent person'.

When the decision is in the affirmative, the employer must either:

Have the equipment examined at intervals prescribed in the Regulations, or,
At shorter intervals as decided by the 'competent person', or,
At intervals specified in a 'scheme of examination'.

Note:
'Competent person' is in this case usually an inspection organisation who would normally carry out the statutory examination and testing of lifting machinery.
The same body would also normally draw up 'Schemes of examination'.

Summary of requirements:

Avoidance where reasonable of all manual handling Thereafter to:-
Mechanise or automate the process, so far as is reasonably practicable
That is, engineer out or reduce manual handling activities Once this has been done:
Carry out a risk assessment
Reduce risks, so far as is reasonably practicable, by changing or modifying the loads/objects or changing the system of work
Give employees and supervisors sufficient recorded information, instruction and training
Ensure adequate supervision
Review the situation periodically in the light of state of the art technology and knowledge

Summary of requirements:

Employers must comply with the schedule of requirements. This is normally achieved by carrying out a risk assessment of the workstations.
Consideration of schedule items. That is display screen, keyboard, work-desk and surface, work chair, space requirements, lighting, reflection/glare, noise, heat, light, humidity, radiation (but no action necessary) and computer/user interface.
Consideration of work breaks and activity changes for users.
Requirements for eye and eyesight tests and possible corrective action.
Adequate recorded information, instruction and training for users and supervisors.

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Summary of requirements:
Every employer must provide equipment and facilities that are adequate and appropriate in the circumstances for administering 'First Aid'.
To ensure compliance, employers must make an assessment to determine their needs. Consideration of the following is required:

Consider different types of work activities

The needs will be determined by the nature of the work being carried out. For example high or low risk of serious injuries.

Consider the access to professional treatment.

If ambulances, paramedics, doctors etc., are a distance away, a first aid room may be appropriate.

Consider employees working away from base:

The nature of risk and availability of assistance will require to be considered.

Where employees of more than one employer are working together, shared facilities may be considered.
There may be a need to consider non-employees.

Although the Regulations do not require employers to make provision for non-employees, it may be prudent to do so because of the general duties of care under HSW Act'74.
Having made these assessments, the employer will be able to establish how many first aid boxes and/or other facilities are necessary.
The employer must ensure that adequate numbers of suitable persons are available to administer first aid. 'Suitable persons are those who have obtained qualifications approved by the HSE.
Important Note: In appointing such personnel, other considerations should be taken into account to ensure they are suitable. For example:

Have they any phobias? Such as fear of blood or heights or confined spaces.
Are they physically fit?
Can they mentally deal with pressure and trauma?
Employees must be informed of the location of first aid facilities, who the first alders are, and how to contact them.

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These Regulations require the reporting of prescribed injuries etc., to the enforcing authority.
These include:

Where a person dies at work.
Where a person suffers a prescribed injury or condition at work, or there is a dangerous occurrence.

These are prescribed in an appendix to the Regulations.
Reporting must be by the quickest possible means, normally by telephone. Thereafter the enforcing authority may request the employer to send a written report to them.
Where an employee's injuries result in them being unable to carry out their normal work activities for more than three calendar days. In this case, a written report on an approved form (F2508) within ten days will suffice.
The enforcing authority is the body responsible for the enforcement of health and safety in the premises where the injury, disease or dangerous occurrence took place.
Usually the enforcing authority will be:

The Health and Safety Executive (HSE) Inspectors, for industrial/construction type premises.
The Local authority (Environmental Health Officers (EHO's), for offices, shops and nonindustrial premises.

Reporting to next of Kin
While this type of reporting is not covered by law it is most important.
Urgent reporting is required when someone suffers a life threatening or severe injury. Among the things to be considered are:

Is there an up-to-date list of the contact person that each employee wants any life threatening type injury to be reported to?
Does the information include contact phone numbers or addresses during probable working hours?
Does the information include any special needs? For example special bloods groups, desire not to have surgery or blood transfusions etc.?

The latter can be due to religious beliefs etc.,

Is the required information readily to hand? For example, at weekends or during overtime periods etc.,

Reporting to Insurers
It is imperative that the insurers are notified as soon as possible after an accident which may result in a claim being made. This will enable information to be gathered while events are fresh in people's minds.
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Under these Regulations safety signs are standardised in terms of geometric form, colour, symbols and wording.
There are five kinds of safety signs in general use. These are:

Prohibition:- That is, where certain behaviour is prohibited
Warning:- Gives warning of a hazard
Mandatory:- Indicates a certain course of action
Emergency escape/ first aid exit signs and first aid information
Fire equipment:- The siting of fire fighting equipment Each sign may have a pictorial symbol and/or wording on the sign

In summary, the new Regulations require:

A realistic project programme, allowing adequate time for planning, preparation and the work itself
Early appointment of key people
Competent duty holders, with sufficient resources to meet their legal duties
Early identification and reduction of risks to health and safety
Provision of health and safety information from the start of the design phase, through construction and maintenance and eventual demolition phases, so everyone can discharge their duties effectively
Co-operation between duty-holders
Proportionate effort and resources to be applied to managing health and safety issues.

The AcoP gives practical guidance on how to comply with the legal requirements and improve site safety and also sets out the main changes and redefined roles and responsibilities under CDM 2007.
Clients
Clients now have to ensure they assume their responsibilities early in the project. As before, the need to appoint proven team members is spelt out, and guidance is given on how to ensure that `duty holders' are competent to undertake the project.
From the initial design stage, the client must appoint a CDM co-coordinator who will 'notify' the project if it is relevant; if there is any delay in this appointment, and then the role defaults to the client. 'Initial design' is defined simply as 'any actions that cannot be changed later', but it is expected that measures will be in place by the time the project enters the feasibility stage. Clients must also ensure that construction does not start until the health-and-safety plan is in place, and that appropriate welfare provisions are available.
Other significant duties include:

Ensuring that any fixed 'workplace'
Complies with the 'Workplace (health, safety and welfare) regulations 1992'.
Checking the competence of employees and all team members.
Ensuring that all parties fulfill their responsibilities.
Ensuring suitable management is in place.
Allowing sufficient time and resources.
Providing and disseminating pre-construction information to the team.
Appointing a CDMC.
Appointing a principal contractor.
Ensuring that construction does not start until a suitable welfare and construction phase plan is in place.
Providing information for the health and safety file.
Preparing, or instructing others to prepare, the health and safety file.
Retaining, and allowing access, to the file.

Additionally, CDM duties now apply in competition entries, concept designs, and bids for grants
Designers
The designers' duties can be summarised as:

Involving all of the team members and co-coordinating with them, to ensure that all points of view are understood.
As before, designers must make sure the client is aware of his responsibilities at the earliest opportunity.
Ensuring that welfare provisions for the project are in accordance with the Regulations.
Considering health and safety at the workplace being designed.
Ensuring that they are competent to undertake the health and safety issues.
Checking that clients are aware of their duties.
Ensuring that, during design work, all hazards are identified and eliminated and that information concerning remaining hazards is communicated to those who may need to know.
Considering the risks to others in the construction phase.

CDM Co-coordinator Co-coordinators duties can be summarised as:

Advising clients as to their duties under the Regulations.
Notifying the project to the HSE.
Ensuring that the flow of health and safety information is managed correctly and efficiently.
Ensuring that the client is advised of the quality of the construction phase plan and information.
Liaising with the designers and the contractor.
Ensuring that information on cleaning maintenance is included.
Ensuring that co-operation and co-ordination take place for the duration of the project.

Identifying and ensuring the collection of all pre-construction information, and informing the client if additional work is required to assemble this information.

Ensuring that the pre-construction information is made available to the team.
Ensuring that risks are identified and eliminated in relation to the potential harm that they could cause.

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Contractors
The responsibilities of contractors remain very similar to the previous provisions, and can be characterised as follows:

Developing the health and safety construction plan using information provided by the design team.
Taking control of the site and site operations.
Ensuring co-operation between the team contractors and consultants.
Co-operating with, and informing the CDMC to allow the production of an appropriate health and safety file.

Improving the planning and management of the project from the start.
Identifying hazards early on, to allow them to be eliminated or reduced at the design and planning stage, and to allow any remaining risks to be properly managed.
Targeting effort where it can do most good in terms of health and safety.
Discouraging unnecessary bureaucracy and paperwork.
Checking that clients are aware of their duties.
Ensuring the competence of the team employed by the contractor.
Planning, managing and monitoring their work to ensure safe practice.
Ensuring that every contractor works safely.
Ensuring that any design work is undertaken in compliance with designers' duties.
Ensuring co-operation and co-ordination with the whole team.
Ensuring welfare provisions are in place at the beginning of the construction phase. On 'notifiable' projects, the contractor should also:
Ensure that the client understands their duties, that a co-coordinator is appointed, and that the HSE is notified.
Make sure that they are competent to undertake the project and to handle the issues that will be encountered.
Ensure that the construction phase is properly planned in all respects.
Ensure safe methods of working.
Ensure that the construction phase is planned before construction begins and communicating the plan to all who are involved. The plan must also be implemented and updated as the project progresses.
Ensure that welfare facilities are in place.
Liaise with the CDMC to ensure that any design work during the construction phase is undertaken in accordance with the designers' duties.
Issue relevant information to the CDMC.
Ensure that the workforce is consulted on health and safety matters.
Display the project notification.

Competence
Previously, competence was an issue attracting varied and copious amounts of paperwork. The new Regulations seek to make this much more straightforward and to ensure that effort is not wasted, whilst also ensuring that the team is sufficiently experienced to undertake the responsibilities required under CDM 2007.
The Workplace (Health, Safety and Welfare) Regulations 1992 (2004)
These Regulations are now part of the CDM requirements and therefore must be considered on every relevant project.
Regulation 9 requires that any project designed as a 'workplace' takes account of these Regulations.
They are set out in Schedule 2 of CDM 2007, and are to be found towards the back of the ACoP. The main headings and areas to be covered include:
Referenced in Schedule 2 -

Sanitary conveniences
Washing facilities
Drinking water
Changing rooms and lockers
Facilities for rest

The Regulations, in detail, cover:

Safe places of work
Good order and site security
Stability of structures
Demolition or dismantling
Explosives
Excavations
Cofferdams and caissons
Reports and inspections
Energy distribution installations
Prevention of drowning

Traffic routes
Vehicles
Preventions of risk from fire etc.
Emergency procedures
Emergency routes and exits
Fire detection and fire fighting
Fresh air
Temperature and weather protection
Lighting

CDM Documentation
The key to CDM compliance is not in the documentation, but the effective planning and management of the construction project.
Construction phase plan
It is important that the plan is both proportionate and appropriate. It is not a pre- requisite of CDM to have a large complicated document full of generic information for each and every project. Appendix 3 of the CDM ACoP gives detailed information on the scope and content of this plan.
Health and safety file
A health and safety file must be prepared by the CDM co-coordinator for every structure within a construction project. The file's purpose is to inform owners, occupiers or managers of the completed structure of:

the 'as built' drawings, rather than those produced in the original design how the structure was built
details of the structure's equipment, including manuals or instructions on how it should be maintained
maintenance procedures for the structure itself
details of the structure's utilities, including information on fire fighting systems and other emergency arrangements.

It is the duty of the CDM co-coordinator to create and maintain an evolving Health and safety file for use by the structure's eventual user or occupier.

The Principal contractor also has a duty to ensure that information is added into the Health and safety file until the termination of the construction phase.
The client's responsibility for the Health and safety file is only discharged when he disposes of his entire interest in the structure. The Health and safety file thus endures with the structure and should be added to throughout its life.
Back to index.

These Regulations came into force on 6th April 2005. The principle objective of these Regulations is to eliminate, where possible, working at height and where this is not possible to ensure the work is carried out safely using appropriate equipment such as ladders, access platforms, scaffolds or rope systems. Other safeguards such as safety nets, harnesses, notices, barriers and exclusion zones should also be considered.
The work should only be carried out by those who have the necessary training.
Many of the requirements within these Regulations are already contained in legislation specific to the construction industry. In the WAHR'05 all working at height is covered and the requirements are not limited to any specific height or type of equipment.
WAHR'05 requires all employees and the self-employed to put in place arrangements to:

Eliminate or minimise risks associated with working at height.
Ensure work at height is properly organised, planned and adequately supervised
Select work equipment that is suitable to carry out the proposed work at height.

In selecting the equipment and system of work the principles of risk assessment must be applied. Assessments must be proportionate to the harm that could occur if no action is taken.
Where work at height cannot be eliminated/avoided safe means of access/egress must be given all due consideration.
All equipment used must be regularly inspected and properly maintained.
Note that ladders can only be used if a risk assessment under the Management Regulations has demonstrated that the use of more suitable work equipment is not justified because of the low risk and;

The short duration of use or,
Existing features of the site which cannot be altered.

There is a requirement to carry out risk assessments with specific contents when it is intended to use:

Demonstrate that the work can so far as is reasonably practicable be performed safely while using the system.
Justify that the use as against other safer work equipment is not reasonably practicable.
The user has enough personnel who have received adequate training specific to the operations envisaged including rescue procedures.

A change in handrail height
The WAHR'05 require that handrails for construction work require a height of 950mm. this is an increase from the previous height of 910mm. Where existing handrails are fixed in place they can be left at that height until changed. Any gap between top rail and intermediate rail should not exceed 470mm. Toe boards shall be suitable and sufficient.
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These Regulations came into force on the 6th July 2005 and require employers to:

Assess the vibration risks to their employees.
Decide if employees are likely to be exposed above the daily exposure action value (EAV) and if they are:
To introduce a programme of controls to eliminate risk, or reduce exposure to as low a level as is reasonably practicable.
Provide health surveillance (regular health checks) to those employees who continue to be regularly exposed above the action values or otherwise continue to be at risk.
Prove Information, instruction and training to employees on health risks and actions you are taking to control those risks.
Consult with trades union or worker representatives on your proposals to control risks and to provide health surveillance.
Keep a record of risk assessments and control actions.
Keep health records for employees under health surveillance.
Review and update risk assessments regularly.

In these Regulations:
Daily Exposure means the quantity of mechanical vibration to which a worker is exposed during a working day, normalised to an eight hour exposure period taking account of the magnitude and duration of the vibration.
Exposure Action Value (EAV) is a daily amount of exposure above which employers are required to take action to control exposure. The greater the exposure level, the greater the risk and the more action the employers need to take to reduce the risk.
Exposure Limit Value (ELV) is the maximum amount of vibration an employee may be exposed to on any single day.
Any employee who carries out work which is liable to expose his/her employees to risk from vibrations must make a suitable and sufficient assessment of the risk created by the work to the health and safety of these employees. The risk assessment must identify the measures that need to be taken to meet the requirements of the Regulations.
The risk assessment must assess daily exposure to vibrations by means of: Observations of specific work practices
Reference to relevant information on the probable magnitude of the vibration corresponding to the equipment used in the particular working condition, and
If necessary measurement of the magnitude of vibration to which employees are liable to be exposed.
What should be done?
Employers should start by identifying if there is a risk of significant exposure from hand-held vibration. This can be done by:

Which, if any, processes involve regular exposure to vibrations.
Checking if there are any signs or warnings of vibration risks in equipment handbooks.
Ask employees if they have any of the hand-held vibration symptoms (HAVS) or if the equipment they use produces high levels of vibration or uncomfortable strains on arms and/or hands.

All of this will involve consultation.

Confined spaces are defined as any place where a person may be at significant risk and from which access is restricted.
The principal requirements are:

No person shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve the purpose without such entry.
Before entry, employers must carry out a risk assessment of the work activity.

No person shall enter, or carry out work in, or leave a confined space other than in accordance with a system of work that renders the work safe and without undue risk to the health and safety of the person.

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These Regulations apply to organisations with employees not represented by trade unions. The Regulations require employers to consult with their employees on matters which affect, or could affect, their health and safety.
Basically they give the same rights to non-union personnel as those given to trade union members by previous Regulations. In some instances they expand or reinforce previous duties.
The duties of employers:
The duty of employers is to consult with employees in good time on matters relating to their health and safety at work.
NB. 'In good time' means consultation so that the employees views can be taken into account before decisions are taken.
In particular consultation regarding:
The introduction of any measures at the workplace which may substantially affect the health and safety of employees.
NB Employers must provide enough information to allow employees to understand:

What the likely hazards and risks arising from their work or changes to their work are.
The measures in place or about to be introduced to deal with the hazards/risks.
What employees ought to do when encountering hazards/risks including what to do in an emergency?

The employers arrangements for the appointment, or nomination, of persons to assist in carrying out risk assessments under the Management of Health and Safety at Work Regulations 1999.
Any health and safety information the employer requires to provide under relevant statutory provisions. For example, the written safety policy and arrangements.
The planning and organisation of any health and safety training the employer is duty bound to provide under statutory provisions.
The health and safety consequences for employees from the introduction of new technologies into the workplace. Employees have a choice on how to consult For example:
Consult through one or more freely elected representatives of the workforce.
If no elected representatives are appointed, consult directly with the employees. N.B. What matters is that employees, or their appointed representatives are made aware of:
When their views are being sought regarding health and safety issues.
Their rights to take part in discussions on all questions relating to their health and safety.

Safety representatives are entitled to:

Adequate training (in-house or external).
Time off with pay to carry out their functions, or to attend training.
Adequate facilities to allow him/her to carry out their functions.
View specific documentation which concerns health and safety issues. Important note; care must be taken not to identify individuals without their consent.

The objective of the legislation is to consolidate the general fire safety precautions of a large number of pieces of legislation, which are revoked. This includes the Fire Certificate (Special Premises) Regulations 1976, thus removing the requirement for fire certificates. In general the legislation places responsibility for enforcing general fire precautions on the local Fire Authorities.
The legislation introduces a risk-based approach, in contrast to the prescriptive requirements associated with the special premises regulations. This requires the Responsible Person to carry out a risk assessment to demonstrate that the fire safety precautions are adequate.
The principles of prevention that are identified in the legislation are similar to generic risk assessment guidance avoidance, replacing dangerous by less dangerous materials, provision of protective measures etc.
The approach to be followed in providing general fire precautions:

avoiding risks;
evaluating the risks which cannot be avoided;
combating the risks at source;
adapting to technical progress;
reducing the dangerous by the non-dangerous or less dangerous;
developing a coherent overall prevention policy which covers technology, organisation of work and the influence of factors relating to the work environment;
giving collective protective measures priority over individual measures; and
giving appropriate instructions to employees.

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These Regulations apply to all workplaces except for certain ones including:

Workplaces used only by self-employed people.
Private dwellings.
Workplaces in or on a construction site to which the Construction (Health, Safety and Welfare) Regulations 1996 apply
Agriculture or forestry land situated away from the undertaking's main building. Note: There is now no lower limit of occupants of premises under which the legislation applies. These regulations require:
That a fire risk assessment be carried out.
There is adequate training to ensure that the fire precautions in place can be correctly used.

NB The regulations do not state how the training is to be given, however to ensure that it is effective, training should be given verbally and in writing, to all persons employed, including temporary staff.

DSEAR requires employers to assess the risks of fires and explosions that may be caused by dangerous substances in the workplace. These risks must then be eliminated or reduced as far as is reasonably practicable. The aim is to protect employees and other people who may be put at risk, such as visitors to the workplace and members of the public. The Regulations complement the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999.
DSEAR places duties on employers (and the self-employed, who are considered employers for the purposes of the Regulations) to assess and eliminate or reduce risks from dangerous substances. Complying with DSEAR involves:

Assessing risks
Preventing or controlling risks

reduce the quantity of dangerous substances to a minimum;
avoid or minimise releases of dangerous substances;
control releases of dangerous substances at source;
prevent the formation of a dangerous atmosphere;
collect, contain and remove any releases to a safe place (for example, through ventilation);
avoid ignition sources;
avoid adverse conditions (for example, exceeding the limits of temperature or control settings)

keep incompatible substances apart.

Mitigation

reducing the number of employees exposed to the risk;
providing plant that is explosion resistant;
providing explosion suppression or explosion relief equipment;
taking measures to control or minimise the spread of fires or explosions;
providing suitable personal protective equipment.

Preparing emergency plans and procedures
Providing information, instruction and training for employees

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to investigate possible dangers at work, the causes of accidents, complaints by employees on health and safety and welfare issues and to take these matters up with the employer
to carry out inspections of the workplace particularly following accidents, diseases or other events
to represent employees in discussions with health and safety inspectors and to receive information from those inspectors
to go to meetings of safety committees

The employer must set up a safety committee if two or more trade union safety representatives ask for one.

The Health and Safety Information for Employees Regulations 1989 require employers to provide their employees with certain basic information concerning their health, safety and welfare at work. This information is contained in both a poster and a leaflet approved by HSE. Employers can comply with their duty by either displaying the poster or providing employees with a copy of the leaflet.
Employers have 2 principal duties under the Regulations:

either to display the poster OR to distribute the leaflet
to provide further information giving details of the enforcing authority for the premises and the local address for the Employment Medical Advisory Service (EMAS)

These Regulations apply to all new machinery manufactured or supplied in the UK, wherever it is to be used in the European Economic Area (EEA) (The European Economic Area comprises all EU and European Free Trade Area (EFTA) countries with the exception of Switzerland.) The term 'machinery' is broadly defined and includes what is generally understood by the term, as well as some other products.
These regulations require all UK manufacturers and suppliers of new machinery to make sure that the machinery which they supply is safe. They also require manufacturers to make sure that:

machinery meets relevant essential health and safety requirements (these are listed in detail in the Regulations), which include the provision of sufficient instructions
a technical file for the machinery has been drawn up, and in certain cases, the machinery has been type-examined by a notified body
there is a 'declaration of conformity' (or in some cases a 'declaration of incorporation') for the machinery, which should be issued with it
there is CE marking affixed to the machinery (unless it comes with a declaration of incorporation).

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These regulations are commonly known as CHIP.
CHIP is the law that applies to suppliers of dangerous chemicals. Its purpose is to protect people and the environment from the effects of those chemicals by requiring suppliers to provide information about the dangers and to package them safely.
CHIP requires the supplier of a dangerous chemical to:

identify the hazards (dangers) of the chemical.
give information about the hazards to their customers. Suppliers usually provide this information on the package itself (e.g. a label) and, if supplied for use at work, in a safety data sheet
package the chemical safely

The new Hazardous Waste (England and Wales) Regulations 2005 were implemented in July 2005 and replaced the existing Special Waste Regulations 1996.
The term 'special waste' was replaced by the term 'hazardous waste'. (In Scotland, 'special waste' and 'hazardous waste' have the same meaning).
A number of types of waste not previously considered to be hazardous, including televisions, computer monitors, fluorescent lighting and end-of-life vehicles are now classified as hazardous.
Since July 2005, most producers of hazardous waste in England and Wales have been required to notify their premises to the Environment Agency.
In Northern Ireland and Scotland, there is no need to register, but pre-notification of Hazardous Waste movements are still required.
It is an offence for hazardous waste to be collected from a site that has not been registered.
The Regulations also ban the mixing of hazardous waste and state that it must be stored separately on site. Registration as a Hazardous Waste producer places a statutory duty on the EA to inspect the site where the hazardous waste arises.

The introduction of the Special Waste Amendment (Scotland) Regulations 2004 introduced legislation that applies only to Scotland and provides a definition for special waste that aligns it with the term hazardous waste.
Special Waste is so called because it has hazardous properties that may render it harmful to human health or the environment. Examples of wastes classed as Special Waste include:

asbestos;
lead-acid batteries;
electrical equipment containing hazardous components such as cathode ray tubes;
oily sludges;
solvents;
fluorescent light tubes;
chemical wastes; and
pesticides.

In England, there has been some confusion between what is classed as Hazardous waste and that classed as Special waste. However, In Scotland, Special Waste and Hazardous Waste now have the same meaning because, under Scottish law, 'Special Waste' is any waste which is Hazardous Waste as defined by the European Hazardous Waste Directive.

To comply with the Special Waste Regulations employers must ensure that:

waste is stored correctly and should ensure that they do not mix different types of special waste and ensure that special waste is properly segregated from other waste types. One item of special waste in a skip of household waste will require the whole skip to be treated as special waste;
they select a waste disposal contractor authorised to transport special waste and check their registration documents;
obtain a copy of the Waste Management Licence/permit for final destination of your waste and satisfy yourself that this site is authorised to process your waste;
obtain a Consignment Note and unique code from SEPA. Often the waste carrier will do this on your behalf as part of their waste collection service.

A copy of the Consignment Note should be retained for a minimum of 3 years from the date on which the transfer occurred.
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The aim of the Act is to prevent the pollution from emissions to air, land or water from work processes.
The Environmental Protection Act 1990: Part 1 introduced important new controls aimed at limiting and preventing pollution from a wide range of industries in Great Britain - from power stations, oil refineries, municipal and clinical waste incinerators to re-spraying of road vehicles, maggot breeding and crematoria.
Those industries with the greatest potential to discharge polluting substances to air, land and water (called Part A processes) are subject to Integrated Pollution Control (IPC) and are regulated by the Environment Agency in England and Wales and by the Scottish Environmental Protection Agency in Scotland.
IPC's aims were to achieve a balance between air, land and water pollution. For example, in controlling pollution to air, account should be taken of the effect that the chosen control method will have on land or water - the Best Practicable Environmental Option must be selected.
Certain industries, known as Part B processes, are regulated by Local Authorities in England and Wales for Local Air Pollution Control only. Local Authorities are also responsible for control of smoke, noise and other nuisances.

These are issued by the HSE as opinions of good practice. They have no legal force, but because of their origin would be 'persuasive' in practice with lower courts, and useful in civil cases to establish reasonable standards of care.
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Self-regulation is about making a judgement as to what action is required to adequately deal with risks to the health and safety of individuals. The action must eliminate the risk or at least reduce it to tolerable levels.
In the event of the judgement being challenged, the onus would be on the defender to show that their decision had been reasonable and logical, based upon all the facts including the degree of danger and risk involved.

Employers often cringe when new Regulations or ACOP are enacted. In fact the very opposite should be the case. In 'self regulation', employers, and in particular managers, are expected to decide for themselves what is reasonable, logical and defendable. ACOP are drawn up by a committee of experienced competent personnel who explain in some detail exactly what standards of care would be excepted as being 'reasonable'.
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The Health and Safety Executive (HSE) is the enforcement body of the Health and Safety Commission (HSC).
The HSC consists of ten members appointed by the Government from industry, trade unions, local authorities and other interested groups (currently consumers). The HSE have their own team of enforcement officers (inspectors). For lower risk activities and premises such as offices and retail outlets, the powers of enforcement are delegated to local authority environmental departments, whose officers (EHOs) have the same powers as HSE inspectors.

Gain access, without a warrant, to a workplace at any reasonable time.
Employ police to assist them, where necessary.
Take equipment, etc on to premises to assist in investigations.
Carry out examinations and investigations as deemed necessary.
Direct that locations remain undisturbed for as long as he/she deems necessary.
Take measurements, photographs and samples.
Take statements, remove certain records and documents.
Require facilities to assist with enquiries.
Do anything else necessary to enable his/her duty to be carried out.

Where an inspector discovers what is considered to be a contravention of an Act or Regulation, they can:

Issue a Prohibition Notice with immediate or deferred effect. Such a notice will prohibit the work described in it. The inspector will issue such a notice where it is considered that there is an imminent risk of serious injury.

An appeal can be made against the notice but the notice will remain in force until the appeal is heard.

Issue an Improvement Notice that will specify a timescale within which the rectification of the contravention must take place.

Appeals can be made within 21 days to an industrial tribunal. This would postpone the notice until the appeal is heard.

Prosecute any individual who contravenes a requirement or fails to comply with a notice.
Seize and/or render harmless any substance or article which is considered to be of imminent danger.

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The Health and Safety at Work etc Act, section 33 (as amended) sets out the offences and maximum penalties under health and safety legislation.

Failing to comply with an improvement or prohibition notice, or a court remedy order (issued under the HSW Act sections 21, 22 and 42 respectively):

Lowercourt maximum £20,000 and/or 6 months imprisonment

Higher court maximum unlimited fine and/or 2 years imprisonment

Breach of sections 2 — 6 of the HSW Act, which set out the general duties of employers, self-employed persons, manufacturers and suppliers to safeguard the health and safety of workers and members of the public who may be affected by work activities:

Lower court maximum                     £20,000
Higher court maximum                    unlimited fine
Other breaches of the HSW Act, and breaches of 'relevant statutory provisions' under the Act, which include all health and safety regulations. These impose both general and more specific requirements, such as requirements to carry out a suitable and sufficient risk assessment or to provide suitable personal protective equipment:
Lower court maximum                     £5,000
Higher court maximum                    unlimited fine
Contravening licence requirements, or provisions relating to explosives. Licensing requirements apply to nuclear installations, asbestos removal, and storage and manufacture of explosives. All entail serious hazards, which must be rigorously controlled.
Lower court maximum                                 £5,000
Back to index.

2012-03-16T10:11:00.001+00:00

December 2005 A2           December 2005 A1

December 2006 A1             December 2006 A2

NCC1 2007                         NCC1 Dec 2007                      NGC1 Dec 2007

2012-03-11T11:27:00.001+00:00

NCC2: Construction health and safety practical application Part I
NCC2: Construction health and safety practical application Part III

In Part I, we looked at how we would carry out a safety inspection of a workplace, and identify the types of hazards that maybe present, In part II we look at how the examiner will award marks for the observatios made and how they are presented, In Part III will be an example observation sheet and a sample report.

Allocation of marks

While poor spelling and grammar will not be penalised the report should demonstrate reasonable literacy levels. In addition, if the assessor is unable to understand your notes then invariably fewer marks will be awarded than would otherwise have been the case.

Observation sheets

Range of issues (0 to 5 marks)

You are expected to do more than simply identify hazards such as poor housekeeping and unsafe machines. In most workplaces you should be able to find a range of hazards in chemical, fire, electrical, environmental, welfare and other issues. Remember you can also comment on situations

Number of hazards identified (0 to 20 marks)

You are expected to be able to recognise the more common hazards. Marks will not be awarded for repetitive hazards or deficiencies such as poor housekeeping or unguarded machinery. As a general rule you would be expected in a very good report to identify about 75% of the health and safety issues that would be readily noted by a health and safety practitioner.

At certificate level you are not expected to know all the information about every hazard. The following should be used as a rule:

You would be expected to recognise that the top guard of a circular saw is incorrectly set several inches above the wood being cut. You would not however be expected to know the maximum permitted clearance.

You would be expected to know that fire extinguishers should be provided, but not whether the ones provided were of the correct type.

Identification of immediate, medium and long term action requirements (0 to 10 marks)

Where appropriate you should comment on the need for medium and long term action as well as immediate action to control any danger. You should be able to distinguish between the symptoms and root causes. For example the immediate action on poor housekeeping could be to sweep up the debris. Tackling the root cause could involve employing a labourer, improving supervision or modifying the work process

Suitability of remedial actions (0 to 20 marks)

The proposed remedial actions must not only remove or control the hazard but must also be realistic and cost-effective. Time-scales should also be realistic.

Report to management

The management report is part of the examination process. It must be written in your own handwriting (unless special arrangements are agreed in advance with NEBOSH) and must not contain any photographs, printed matter or any other extraneous material. The following marking scheme is used.

Selection of topics for urgent management attention (0 to 10 marks)

This requires you to emphasise those items on the observation sheets that you consider require attention by senior management. You should present them along with your comments and recommendations. Remember that this is action required by senior management so do not just reproduce the remarks on the observation sheets. Also, marks will be deducted if you give undue

Consideration of cost implications (0 to 5 marks)

You are not expected either to know or to estimate the actual costs but you should demonstrate that you are aware that there are some cost implications. For example, if you recommend training, some indication should be given as to whether you are suggesting a short in-house course or a two-week external course. It is the assessment of the magnitude of costs that is important more than the precise figures.

Indication of breaches of legislation (0 to 5 marks)

In a real work situation you would consult books and references when preparing a report. For the purpose of this assessment, in which books and reference material are not allowed, you are expected to be able to broadly identify those Acts and Regulations referred to during the course that may have been breached. Neither the date nor the full titles are obligatory even for full marks.

Presentation of information (0 to 10 marks)

Although there is no universally approved format for the purposes of the practical assessment a good report should contain about 500-750 words comprising about three pages of handwritten A4 paper.

The report should cover the following points in a logical sequence:

Where and when the inspection took place
A brief summary of what was found
A short list of issues requiring management attention with convincing arguments as to why such action is needed and calling attention to possible breaches of legislation.
Reference to the list of observations and recommended actions (observation sheets should be attached to the report) calling attention to any recommendations which could have a high cost in terms of finance, inconvenience or time.

Effectiveness in convincing management to take action (0 to 15 marks)

This is the assessor's overall impression of the report and the degree to which they consider it would have convinced management to take action. Managers are unlikely to have time to plough through lengthy reports and candidates who are not selective and who include large numbers of minor hazards in lengthy reports will earn few marks under this heading.
You should write the report in a style that a manager would be able to take reasonable action based on the facts presented. Reports based on unsupported generalities and those that simply reiterate the contents on the observation sheets will earn low marks

In conclusion

High marks will be awarded to reports that are concise, readable and highly selective in terms of action required by senior management. They should contain balanced arguments on why action is needed and explain the effect it would have on the standards of health and safety at the workplace.

2012-03-04T18:05:00.000+00:00

NCC2: Construction health and safety practical application Part II
NCC2: Construction health and safety practical application Part III

The aim of the post is to assist the reader in gaining the knowledge & ability to complete successfully two activities

To carry out unaided a safety inspection of a construction workplace identifying the more common hazards, deciding whether they are adequately controlled and where necessary, suggesting appropriate and cost-effective remedial action
To prepare a report that persuasively urges management to take appropriate action, explaining why such action is needed (including reference to possible breaches of legislation) and identifying, with due consideration of reasonable practicability, the remedial measures that should be implemented.

Guidance on carrying out the inspection and writing the report:

1. The inspection

This will consist of you carrying out an inspection of one or more locations and listing your findings in a prescribed manner on a form given to you.

No work will be taking place in the location inspected so therefore the inspection will be carried out to identify standards of safety in the workplace and will not involve looking at work practices.

Workers at all levels generally create unsafe conditions. For example:

Unsafe premises due to poor design or layout or lack of maintenance.
Unsafe plant resulting from poor selection criteria, lack of maintenance, carelessness or abuse.
Poor housekeeping standards due to lack of storage space, untidiness, laziness, and lack of management planning or poor supervision.
Incorrect use of plant, machinery or tools.
Environmental hazards due to ignorance, carelessness or not carrying out adequate risk assessments.
Welfare facilities that are inadequate, poorly maintained or being misused.
Lack of adequate emergency arrangements due to lack of foresight, planning, control, communications or training.

When carrying out the inspection of the workplace you should be able to spot deficiencies in such things as:

Management systems.
Diligence or competence of supervisors.
Safety culture within the organisation's workforce.
Obvious physical deficiencies.

2. Plan of action for the inspection

The time allocated to carry out the inspection of the work place is limited to between 30 to 45 minutes and it is therefore important that you have a simple plan of action in order to make the best use of the time available.

Planned inspections must be considered in three main areas:

Physical
Environmental
Managerial

3. Memory check-list

As no work will be taking place in the area at the time of the inspection initial concentration must be on physical things. A memory checklist is useful when carrying out inspections. For example look

AT		FOR
Housekeeping Standards		Untidy areas
Waste receptacles		Overflowing or wrongly used
Storage		Tools and other items left lying around
Access and egress		Obstructed
Layout		Does it look planned with efficient use of space
Floors		Look for potential hazards of slipping, tripping or falls
Machinery safety		Are machines fit for purpose
Positioning		Are the space around them reasonable
Machinery		Are there defective parts or missing guards
Controls		Are they easily accessed, identified and in good order
Foundations		Are all machinery and plant foundations secure or adequate
Electrical installations/equipment		Are installations and equipment in good condition and periodically tested
Switch gear		All clearly identified in an uncluttered area
Other utilities		Are all gas or hydraulic installations or supplies in good order
Gas bottles		Is the storage satisfactory in well ventilated areas
Welding and cutting		Suitability of areas, protection from glare and fumes
Local exhaust ventilation		Is LEV adequate and properly installed
Environmental		Is lighting, temperature, humidity reasonable and atmosphere reasonably clean and free from undue noise, fumes or dusts or vibrations
Manual hand-tools		Are hand-tools in suitable and in good condition
Hazardous materials and processes		Are data sheets available for operators
Containers		Are all containers suitable and labelled
Transportation		Are arrangements suitable
Usage		Are substances fit for the purpose that they are used for
Disposal		Are arrangements adequate
Notices		Are all statutory and other notices displayed
Welfare facilities, including first aid		Available and adequate
Internal transport		Routes and vehicle parking satisfactory.
Mechanical handling equipment		Supplied where appropriate and in satisfactory condition
Personal protective equipment		Is it provided as required, in good order and well looked after
Emergency precautions		Are there any in place with notices posted
Alarm arrangements		Are these satisfactory
Emergency lighting		Is this provided, if required
Evacuation routes		Are these free from obstructions, protected from ingress of fire and smoke, well sign-posted with final exits easily opened and good access to a designated assembly point
Smoking		Is smoking restricted and is this being adhered to
Flammable materials/substances		Are these being stored and disposed of properly

Items highlighted are issues whist other items are items to be considered within the issue

NB: This list is indicative rather than a comprehensive list of what should be looked at and for during the inspection. Items highlighted can be considered as issues.

All deficiencies noted on the inspection sheets should be factual. Candidates can also note good points such as good housekeeping standards on the observation sheets or in the report to management.

From the list of factual deficiencies that are identified it will be possible to reach a conclusion about some work activities and consequential recommendations.

For example:

Lack of LEV would lead to the conclusion that there will be environmental hazards when people are welding or burning.
Because of the number of hazards you will identify it would be reasonable to assume the knowledge or skills of managers and supervisor will require to be improved through additional training.
Broken or missing guards would imply a lack of care or maintenance.
The amount and type of deficiencies noted would indicate a lack of or poor risk assessments and monitoring arrangements leading to a need for discipline and training.

These examples can be incorporated into the body of the report to management provided they are based on the physical conditions and facts gathered during the inspection

2012-02-25T21:26:00.000+00:00

I came across this article from a very interesting site, I thought I'd like to share with you its from a very interesting site, you should look at if your into all things H&S

There is no author and no copyright so I assume it written by the site owner who is

Mike Everly good informative site

Common Law

In an article of this length it would be impossible to deal with the entire field of common law. Therefore, the focus is very narrow and purely related to an employer's common law duty of care towards their employees. Additionally, only the civil law implications of common law are considered.

To be successful in a tort of negligence action the following has to be established:

· That the defendant owed the claimant a duty of care.

· That the duty of care was breached through negligence.

· That loss resulted from the breach of the duty of care.

Negligence merely means failing to act in a way a reasonable person would have acted under the circumstances, or acting in a way a reasonable person would not have acted in under the circumstances.

The burden of proof in civil cases rests with the claimant on the balance of probabilities. However, there are two main ways in which the claimant can gain assistance in discharging this burden of proof. Namely:

· Assistance by statute. Under the Civil Evidence Act 1968, where the defendant has been convicted of criminal proceedings that conviction is admissible in civil proceedings.

· Assistance at common law. Under the doctrine of res ipsa loquitur, or the thing speaks for itself, the evidential burden of proof is cast from the claimant upon the defendant. However, three conditions must apply:

· The accident could not have occurred without negligence.

· The defendant was in control of the situation.

· There is an absence of an alternative explanation by the defendant.

The Duty of Care

In Wilsons and Clyde Coal Co Ltd v English (1938), the four main elements of an employers’ duty towards their employees were identified as being the:

· Provision and maintenance of a safe place of work;

· Provision and maintenance of a safe system of work;

· Provision and maintenance of safe plant and appliances;

· Provision of competent fellow employees.

In addition, it was made clear, that while an employer may delegate some of these functions to nominated employees, the employer cannot delegate legal responsibility.

The duty of care owed by employers to their employees has been extended over the years through case-law. Examples being:

Safe Place of Work

· Galt v British Railways Board (1983). The claimant suffered shock and consequent heart problems when the train he was driving nearly hit two men working by the lines. The defendant was held to be liable for not providing a lookout.

· Paine v Colne Valley Electricity Supply Company Ltd (1938) found the employer liable after an employee was electrocuted because a kiosk had not been properly insulated.

· Latimer v AEC Ltd (1953) found the employer not liable after a heavy storm flooded the factory floor and a mixture of oil and water made the floor slippery. The employer put down sand and sawdust, but did not have enough to treat the whole of the factory in this way. As a result the claimant was injured. It was held that the risk was not grave enough to warrant closing down the factory.

Safe System of Work

· Ross v Tennant Caledonian Breweries Ltd (1983) demonstrated that the fact that a system has been in place for a period of time without accidents occurring, is not enough to demonstrate that it is a safe system.

· Bux v Slough Metal Ltd (1974) held that the employer had failed to provide a reasonably safe system of work by failing to give the employee the necessary instructions to wear the goggles provided and to enforce the wearing of them through supervision. However, in Qualcast (Wolverhampton) Ltd v Haynes (1959) an employee who did not wear the protective clothing which was available failed to gain compensation as they had chosen not to make use of it at their own risk. In Finch v Telegraph Construction and Maintenance Company (1949) the employer was found liable for the eye injury to the claimant, because although they had provided goggles they had not told the employee where to find them.

· In Walker v Northumberland County Council (1994) the duty to provide a safe system of work was extended beyond providing a system that took reasonable measure to protect employees from physical injury to protect employees from psychological injury as well.

Safe Plant and Appliances

· Bradford v Robinson Rentals (1967) held that it was foreseeable that a vehicle driver would suffer frostbite in an unheated van while driving a long distance in extremely cold weather. As the van also had cracked windows, it was held that the employer had failed to provide suitable plant.

· Davie v New Merton Board Mills Ltd (1959) led to the Employers' Liability (Defective Equipment) Act 1969. The claimant lost his claim against his employer following an injury from a tool with a hidden defect. It was held that the employer was not negligent. The Act changed matters by providing that if an employee is injured in the course of his employment as a consequence of a defect in equipment, provided by his employer for use in connection with his business, then that defect will be attributable to the negligence of the employer. However, any damages paid by the employer can then be recovered from the manufacturer or other responsible party. Knowles v Liverpool City Council(1993) found that a defective flagstone used by the "flagger" employed by the highway authority constituted equipment under the Act and the House of Lords refused to draw a distinction between equipment and materials.

· Taylor v Rover Car Company Ltd (1966) held that where an employer is aware of any defect in tools which have been purchased from outside the company, he should withdraw them from circulation.

· Williams v Birmingham Battery and Metal Company (1899) held the employer liable for failing to provide the necessary equipment, Machray v Stewarts and Lloyds Ltd (1964) for providing insufficient equipment and Bowater v Rowley Regis Corporation (1944) for providing defective equipment.

· Barkway v South Wales Transport Company (1950) held that an employer must have a proper and adequate system of inspection and testing in order that defects can be identified and reported. Whereas, Monaghan v Rhodes and Son (1920) held that such defects must then be remedied.

· Pearce v Round Oak Steel Works Ltd (1969) ruled that before second-hand machinery is put into use it must be checked to ensure that it is serviceable.

· Close v Steel Company of Wales (1962) found that failure to erect suitable and effective guards around unfenced machinery liable to eject parts or material, may constitute negligence at common law irrespective of any liability for a breach of relevant regulations.

Competent Fellow Employees

· Hudson v Ridge Manufacturing Company Ltd (1957) held that where an employer is aware that the conduct of an employee gives rise to danger due to sky-larking, the employer is under an obligation to take effective steps to remedy the situation. However, if the employer is unaware that practical jokes are being played, as in Smith v Crossley Brothers (1971), he will not be found liable as such acts fall outside of the scope of the employer's business.

· Butler v Fife Coal Company (1912) held that where an employer appoints an inexperienced person to carry out highly dangerous activities, then the employer may be liable if, as a result of lack of experience, another employee is injured.

If an employer knows, or if a reasonable employer could have foreseen, that an individual employee is at greater risk than an average employee, then the employer’s duty of care towards that individual employee is correspondingly greater. In Byers v Head Wrightson and Co Ltd (1961) it was held that greater precautions are necessary when dealing with young or inexperienced workers. Whereas, in Paris v Stepney Borough Council (1951) it was held that the Council had a greater duty of care towards the remaining eye of the one-eyed man.

With regard to whether the duty of care has been breached, a key test is whether the injury suffered was foreseeable? The next test being what would a reasonable person have been expected to have done to prevent this foreseeable injury? What is deemed to be reasonable depending upon the likelihood of the injury, the possible severity and the cost of doing more. Often the test of current good practice can be applied, providing that practice does not involve obvious folly.

The employer’s duty of care extends to cover the employee whilst they are “within the course of their employment” and “acting as a reasonable employee would act”. Tests for course of employment involve:

· The time of the accident.

· The place the accident occurred.

· What was the employee employed to do.

· Did the employer derive benefit from the employee's actions.

· Did an express prohibition apply.

Defences

Defences often consider whether the injury was foreseeable and whether the defendant did all that a reasonable person could have been expected to have done to prevent such a foreseeable injury.

Other defences involve sole fault of the employee, the fact that it was an inevitable accident, that the action was carried out under statutory authority, and the necessity to allow a lesser injury to prevent a greater injury.

Volenti non fit injuria, roughly translated as the injured person having volunteered to place themselves at risk, is a defence which the courts are reluctant to accept. When they do accept it, the following tests apply:

· Lack of coercion.

· A specific risk was involved.

· Full knowledge.

In Smith v Baker and Sons (1891) it was held that mere knowledge of the risk was not enough, it had to be shown that the claimant had consented to the particular thing being done which would involve the risk and had consented to take that risk upon himself.

The Law Reform (Contributory Negligence) Act 1945 provides that where injury is caused by two or more persons, the court must decide how much each person is to blame. One of the persons involved may be held to be the injured employee.

The basic limitations period under the Limitations Act 1980 is three years from either the date on which the cause of action accrued or the date of the claimant's knowledge whichever is the later. However, the courts have wide discretion and can disregard this time limit and permit actions to proceed.

2012-02-19T09:26:00.001+00:00

Management of Health and Safety at Work Regulations 1999
The Provision and Use of Work Equipment Regulations 1998
Workplace (Health, Safety and Welfare) Regulations 1992
Health and Safety (Display Screen Equipment) Regulations 1992
The Manual Handling Operations Regulations 1992
The Personal Protective Equipment Regulations 1992

The assessment of risks to health and safety
Access to competent health and safety advice
Co-operation of employers and those who share premises
Preparing for emergencies

The assessment of machinery hazards
The process of installation, commissioning and use of work equipment
The hazards created by introducing a piece of work equipment into a workplace

Common features of a workplace
Minimum standards of workplace hygiene
Identification of potential workplace hazards

The interaction of a person with their workstation within the work environment
The design of tasks using new technology
The assessment of those at most risk of work related upper limb disorders

The prevalence of back injury
The assessment of a task, the person performing the task, the load to be moved and the environment in which it is moved
The preference of eliminating or minimising lifting and handling
Emphasis placed on mechanical handling

Personal protection is the last line of defense
An assessment of the hazards a person is exposed to is required
Specification of the equipment standards aids selection of appropriate PPE
All PPE has to be maintained and has a finite life

2012-02-05T17:18:00.001+00:00

Introduction
Under RIDDOR, employers and other responsible people who have control over employees and work premises have certain responsibilities.
If any of the following events occur at work, employers and other responsible people must report the incident to the relevant enforcing authority.
What has to be reported?
If incidents involving staff, patients, contractors and visitors fall within these criteria, they should be reported under RIDDOR.

• Deaths

• Major injuries

• Accidents resulting in over three-day injuries

• Diseases

• Dangerous occurrences

• Gas incidents

Death or major injury
Line managers, the nominated person, safety supervisor and health and safety services must be informed immediately so they can report to the HSE without delay.
Health and safety services will report the accident to the HSE by telephone and complete the appropriate form within 10 days.
Death
If there is an accident connected with work and:

• Your employee, or a self-employed person working on your premises is killed or suffers a major injury (including as a result of physical violence); or

• A member of the public (including students) is killed or taken to hospital.

Major injuries

• Fracture other than fingers, thumbs or toes

• Amputation

• Dislocation of the shoulder, hip, knee or spine

• Loss of sight (temporary or permanent)

• Chemical or hot metal burn to the eye or any penetrating injury to the eye

• Injury resulting from an electric shock or electrical burn leading to unconsciousness, requiring resuscitation or admittance to hospital for more than 24 hours

• Any other injury leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation or admittance to hospital for more than 24 hours

• Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent

• Acute illness requiring medical treatment or loss of consciousness, arising from absorption of any substance by inhalation, ingestion or through the skin

• Acute illness requiring medical treatment where there is reason to believe it resulted from exposure to a biological agent or its toxins or infected material.

Accidents resulting in over three-day injuries
An over three-day injury is one which is not 'major' but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days.
If there is an accident connected with work (including an act of physical violence) and a person working on your premises suffers an over-three-day injury, you must report it to the enforcing authority within ten days. This applies if the person is an employee or self-employed.
Disease
If a doctor notifies you that your employee suffers from a reportable work-related disease then you must report it to the occupational health service, who will notify the enforcing authority. Reportable diseases include:

• Certain poisonings

• Some skin diseases such as occupational dermatitis, skin cancer, chrome ulcer, oil folliculitis/acne

• Lung diseases including: occupational asthma, farmer's lung, pneumoconiosis, asbestosis, mesothelioma

• Infections such as: leptospirosis; hepatitis; tuberculosis; anthrax; legionellosis and tetanus

• Other conditions such as occupational cancer; certain musculoskeletal disorders; decompression illness and hand-arm vibration syndrome.

The occupational disease flowchart shows the procedures once a disease is identified.

Dangerous occurrence
If an incident does not result in a reportable injury, but clearly could have done, then it may be a dangerous occurrence and must be reported immediately (by telephone or completing a form on our website).
Reportable dangerous occurrences include:

• Collapse, overturning or failure of load-bearing parts of lifts and lifting equipment

• Explosion, collapse or bursting of any closed vessel or associated pipe work

• Failure of any freight container in any of its load-bearing parts

• Plant or equipment coming into contact with overhead power lines

• Electrical short circuit or overload causing fire or explosion

• Any unintentional explosion, misfire, failure of demolition to cause the intended collapse, projection of material beyond a site boundary, injury caused by an explosion

• Accidental release of a biological agent likely to cause severe human illness;

• Failure of industrial radiography or irradiation equipment to de-energise or return to its safe position after the intended exposure period

• Malfunction of breathing apparatus while in use or during testing immediately before use

• Failure or endangering of diving equipment, the trapping of a diver, an explosion near a diver, or an uncontrolled ascent

• Collapse or partial collapse of a scaffold over five metres high, or erected near water where there could be a risk of drowning after a fall

• Unintended collision of a train with any vehicle

• Dangerous occurrence at a well (other than a water well)

• Dangerous occurrence at a pipeline;

• Failure of any load-bearing fairground equipment, or derailment or unintended collision of cars or trains

• A road tanker carrying a dangerous substance overturns, suffers serious damage, catches fire of the substance is released

• A dangerous substance being conveyed by road is involved in a fire or released.

RIDDOR

(Reporting Of Injuries, Diseases And Dangerous Occurrences Regulations 1995)

2012-02-03T18:05:00.001+00:00

Introduction

Over the years health surveillance has developed and expanded. There are many definitions for the term health surveillance, but the idea behind health surveillance has always remained the same and concentrates on the well-being of the employee. As a subject, it concentrates specifically on how certain work practices and activities can adversely affect the health of any employee in the work place.

Health surveillance is implemented to protect the health of the individual employ

It concentrates on work processes and analyses any possible issues that may occur when an employee completes this process.
It looks at any adverse effects this process could have and tries to implement guidelines that would avoid any problems to the health of the employee.
It is vital in some jobs especially when employees are working with certain machinery or working with chemicals and substances.

How is it done?

This depends on the type of health surveillance required when people are working with something that could harm their health. Various methods can be used:

A 'responsible person', such as a manager, looking for a clear reaction e.g. checking for skin conditions
A 'qualified person' asking
employees about symptoms, or inspecting or examining individuals for ill-health e.g. OH Nurse doing lung function tests
Medical surveillance by a doctor which can include clinical examination
Biological and biological effect monitoring to measure effects of exposure e.g. blood tests
Keeping individual health records for all types

Other elements include:

Self-checks by employees to look for and report any signs of work-related ill health. BUT to comply with regulations these have to be part of a program in which health records are kept and where employees are:

Trained about signs of illness or disease, and how and when to look for them
Told how and when to report signs and to who â€“ a responsible or qualified person
Also subject to periodic checks by a responsible or qualified person

Baseline health assessment on commencing a new post or placement

Why carry out health surveillance?

To benefit workers by:

Detecting harmful health effects at an early stage
Check that control measures are working
Provide data by health records to detect and evaluate health risks
Provide an opportunity to train and instruct employees
Give employees a chance to raise concerns about the effect of work on health

But carrying out the health surveillance is not enough â€“ you must act on the results.

Line Management Responsibilities

Ensure that:

Risk assessments for work activity involving hazards; include consideration of the need for health surveillance
Where health surveillance of individual employees is deemed to be necessary, it takes place at the required frequency.
The results of health surveillance are acted upon to meet statutory and management requirements
The records of results of health surveillance are maintained to meet statutory requirements and are available to HSE Inspectors requesting them

Employee Responsibility

To co-operate fully with employers' health surveillance programmes made during working time.

If the employee does not co-operate then we cannot advise management that the employee is fit to continue in those duties.

Making sure that health surveillance works!

Be clear about the purpose, who is in charge of the program, who is accountable for it and that the results are acted upon.

Involve employees and their representatives, so that there are clear lines of communication.

Introduce the right programme.

Have clear roles and responsibilities, with competent people, and appropriate instructions and time scales.
Record and act on the results in an appropriate manner.
Certain groups may need special protection e.g. pregnant workers, young workers.
Monitor and evaluate the programme.
Health records
Health surveillance programs should include keeping a health record for each individual to provide:

A historical record of jobs involving exposure to workplace hazards

Ensure that the health records are completed routinely and systematically, are paper based or held on computer and, as a minimum, contain:

Surname
Forename
Sex
Date of birth
Permanent addres
NI number
Date started present job
Historical record of jobs involving exposure to the hazard for which health surveillance required during this employment
Conclusions, decisions, fitness for work (but not clinical information)
Date carried out
Name of person carrying out the health surveillance

These records are subject to The Access to Health Records Act 1990 and Data Protection Act 1998. Health records must be kept for as long as those employees are employed. Some specific regulations state that the records need to be kept for up to 50 years (e.g. Ionising Radiation). It is good practice to offer the employee a copy when they leave the company.

Facilities

Where health surveillance involves inspections, examinations, taking samples and making enquiries it is essential that suitable facilities be provided. Rooms must have privacy, be clean, warm and airy, and have washing, lighting and separate toilet facilities.
In certain circumstances, medical surveillance is specified, which states that the employee requires surveillance carried out by a registered medical practitioner, who is "appointed" by the Health & Safety Executive for this purpose.
Where these requirements exist, the employer must ensure that a doctor is appointed and that he has the required access to the site, both to carry out the surveillance, and be aware of the work practices.

RIDDOR Reporting

For most businesses a reportable accident, dangerous occurrence or case of disease is a comparatively rare event. However, employers, self-employed or persons in control of work premises should be aware that they still have duties under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR'95). Information from reported accidents etc. enables enforcing authorities to identify where and how risks arise and to investigate accidents as considered appropriate.

2012-01-21T19:03:00.001+00:00

I don't know about you guys but it seems every way we turn there is fist full of abbreviations or acronyms to learn, well here is a list of abbreviations commonly associated with Health & Safety although this list is not exhaustive and in fact if there is anything I've missed please feel free to add as a comment

ACM	Asbestos containing material
ACoP	Approved Code of Practice
CAR	Control of Asbestos Regulations
CBI	Confederation of British Industry
CDM	Construction (Design and Management) Regulations
CECA	The Civil Engineering Contractors Association
CHIP	Chemicals (Hazard Information and Packaging) Regulations
CIRA	Construction Industry Research and Information Association
CONIAC	Construction Industry Advisory Committee
COSHH	Control of Substances Hazardous to Health Regulations
dB(A)	Decibel (A-weighted)
dB(C)	Decibel (C-weighted)
DSE	Display Screen Equipment
DSEAR	Dangerous Substances and Explosive Atmospheres Regulations
EAV	Exposure Action Value
EC	European Community
ELV	Exposure Limit Value
EMAS	Employment Medical Advisory Service
EPA	Environmental Protection Act 1990
EU	European Union
HAV	Hand–Arm Vibration
HSC	Health and Safety Commission
HSE	Health and Safety Executive
HSW	Health and Safety at Work etc Act 1974
ILO	International Labour Office
IOSH	Institution of Occupational Safety and Health
LEAL	Lower Exposure Action Level
LOLER	Lifting Operations and Lifting Equipment Regulations
MCG	The Major Contractors Group
MHOR	Manual Handling Operations Regulations
MHSW	Management of Health and Safety at Work Regulations
MoT	Ministry of Transport (still used for vehicle tests)
NAWR	Control of Noise at Work Regulations
NEBOSH	National Examination Board in Occupational Safety and Health
OHSAS	Occupational Health and Safety Assessment Series
OSH	Occupational safety and health
PPE	Personal Protective Equipment
PUWER	Provision and Use of Work Equipment Regulations

2012-01-05T20:27:00.001+00:00

INTERNATIONAL CERTIFICATE IN CONSTRUCTION HEALTH AND SAFETY
UNIT ICC1: MANAGING AND CONTROLLING HAZARDS IN INTERNATIONAL CONSTRUCTION ACTIVITIES

Download available from http://www.nebosh.org.uk/shop

2011-12-23T09:44:00.000+00:00

Competences for Core Criteria for demonstration of Competence: Companies, Contractors, Co-ordinators and Designers

The tables below should help to understand and assess the standards you are required to meet the standards set out in the core criteria table below.

· Column 1 of the table lists the elements which should be assessed when establishing whether or not a company is competent for the work which they will be expected to do.

· Column 2 lists the standards against which the assessment should be made.

· Column 3 gives some examples of how a company might demonstrate that it meets these standards.

Companies do not have to produce all of the evidence listed in column 3 to satisfy the standard – but they need to produce enough evidence to show that they meet the standard in column 2, taking account of the nature of the project and the risks which the work entails. This requires you to make a judgement as to whether the evidence provided meets the standard to be achieved.

If your judgement is reasonable, and clearly based on the evidence you have asked for and been provided with, you will not be criticised if the company you appoint subsequently proves not to be competent when carrying out the work.

The assessments should focus on the needs of the particular job and should be proportionate to the risks arising from the work. Unnecessary bureaucracy associated with competency assessment obscures the real issues and diverts effort away from them.

If you’re an employer with less than 5 persons working for you, you do not have to write down your policy, organisation or arrangements under criteria 1 and 2. However, you do need to demonstrate that your policy and arrangements are adequate in relation to the type of work you do. Assessments of competence will be made easier if your procedures are clear and accessible.

‘Contractor’, ‘Designer’ and ‘Co-ordinator’ relate to your function, not to the type of organisation.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
	Stage 1 assessment
1	Health and safety policy and organisation for health and safety	You are expected to have and implement an appropriate policy, regularly reviewed, and signed off by the managing director or equivalent. The policy must be relevant to the nature and scale of your work and set out the responsibilities for health and safety management at all levels within the organisation.	A signed, current copy of the company policy (indicating when it was last reviewed and by whose authority it is published). Guidance on writing company policies for health and safety can be found in HSE free leaflet INDG 259.
2	Arrangements	These should set out the arrangements for health and safety management within the organisation and should be relevant to the nature and scale of your work. They should set out how the company will discharge their duties under CDM (2007). There should be a clear indication of how these arrangements are communicated to the workforce.	A clear explanation of the arrangements which the company has made for putting its policy into effect and for discharging its duties under CDM (2007). Guidance on making arrangements for the management of health and safety can be found in HSE free leaflet INDG 259.
3	Competent advice – corporate and construction related	Your organisation, and your employees, must have ready access to competent health and safety advice, preferably from within your own organisation. The advisor must be able to provide general health and safety advice, and also (from the same source or elsewhere) advice relating to construction health and safety issues.	Name and competency details of the source of advice, e.g. a safety group, trade federation, or consultant who provides health and safety information and advice. An example from the last 12 months of advice given and action taken.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
4	Training and information	You should have in place, and implement, training arrangements to ensure your employees have the skills and understanding necessary to discharge their duties as contractors, designers or CDM co-ordinators. You should have in place a programme for refresher training, e.g. a Continuing Professional Development programme or lifelong learning which will keep your employees updated on new developments and changes to legislation or good health and safety practice. This applies throughout the organisation – from Board or equivalent, to trainees.	Headline training records. Evidence of a health and safety training culture including records, certificates of attendance and adequate health and safety induction training for site based workforce. Evidence of an active CPD programme. Sample ‘tool box talks’.
5	Individual qualifications and experience	Employees are expected to have the appropriate qualifications and experience for the assigned tasks, unless they are under controlled and competent supervision.	Details of qualifications and/or experience of specific corporate post holders, e.g. Board members, Health and Safety Adviser etc. Other key roles should be named or identified and details of relevant qualifications and experience provided. FOR CONTRACTORS: details of number/percentage of people engaged in the project that have passed a construction health and safety assessment, e.g. the Construction Skills’ health and safety test or affiliated schemes, or the CCNSG equivalent. For site managers, details of any specific training, such as Construction Skills’ Site Managers Safety Training Scheme certificate (SMSTS) or equivalent. For professionals, details of qualifications and/or professional institution membership. For site workers, details of any relevant qualifications or training such as S/NVQ certificates. Evidence of a company-based training programme suitable for the work to be carried out.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
7	Workforce involvement	You should have, and implement, an established means of consulting with your workforce on health and safety matters.	Evidence showing how consultation is carried out. Names of appointed safety representatives. For those employing more than five people, be able to describe how you consult with your employees to achieve the consultation required.
8	Accident reporting and enforcement action; follow up investigation	You should have records of all RIDDOR reportable events for at least the last three years. You should also have in place a system for reviewing all incidents, and recording the action taken as a result. You should record any enforcement action taken against your company over the last five years, and the action which you have taken to remedy matters subject to enforcement action.	Evidence showing the way in which you record and investigate accidents and incidents. Records of the last two accidents/incidents and the actions taken to prevent recurrence. Records of any enforcement action taken over the last five years, and what action was taken to put matters right. (Information on enforcement taken by HSE over the last five years is available on the HSE website.) For larger companies, simple statistics showing incidence rates of major injuries, over three-day injuries, reportable cases of ill-health and dangerous occurrences for the last three years. Records should include any incidents that occurred whilst the company traded under a different name, and any incidents that occur to direct employees or labour-only subcontractors.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
9	Subcontracting/ consulting procedures (if applicable)	You should have arrangements in place for appointing competent subcontractors/ consultants. You should be able to demonstrate how you ensure that subcontractors will also have arrangements for appointing competent subcontractors or consultants. You should have arrangements for monitoring subcontractor performance.	Evidence showing how you ensure subcontractors are competent. Examples of subcontractor assessments you have carried out. Evidence showing how you require similar standards of competence assessment from subcontractors. Evidence showing how you monitor subcontractor performance.
10	Hazard elimination and risk control (Designers only)	You should have, and implement, arrangements for meeting your duties under Regulation 11 of CDM (2007)	Evidence showing how you: • ensure co-operation and co-ordination of design work within the design team and with other designers/contractors • ensure that hazards are eliminated and any remaining risks controlled • ensure that any structure which will be used as a workplace will meet relevant requirements of The Workplace (Health Safety and Welfare) Regulations 1992. Examples showing how risk was reduced through design. A short summary of how changes to designs will be managed. (Note: the emphasis here should be on practical measures which reduce particular risks arising from the design, not on lengthy procedural documentation highlighting generic risks.)

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
11	Risk assessment leading to a safe method of work (Contractors only)	You should have procedures in place for carrying out risk assessments and for developing and implementing safe systems of work/method statements.	Evidence showing how the company will identify significant health and safety risks and how they will be controlled. Sample risk assessments or safe systems of work or method statements. If you employ less than five persons and do not have written arrangements, you should be able to describe how you achieve the above.
11		The identification of health issues is expected to feature prominently in this system.	This will depend upon the nature of the work, but must reflect the importance of this risk area.
12	Co-operating with others and co-ordinating your work with that of other contractors (Contractors)	You should be able to illustrate how co-operation and co-ordination of your work is achieved in practice, and how you involve the workforce in drawing up method statements/safe systems of work.	Evidence could include sample risk assessments, procedural arrangements, and project team meeting notes. Evidence of how the company co-ordinates its work with other trades.
13	Welfare provision (Contractors)	You should be able to demonstrate how you will ensure that appropriate welfare facilities will be in place before people start work on site.	Evidence could include for example health and safety policy commitment; contracts with welfare facility providers; details of type of welfare facilities provided on previous projects.
14	CDM co-ordinator’s duties (CDM co-ordinators)	You should be able to demonstrate how you go about encouraging co-operation, co-ordination and communication between designers.	The evidence should be in the form of actual examples rather than by generic procedures.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
	Stage 2 assessment
1	Work experience	You should give details of relevant experience in the field of work for which you are applying.	A simple record of recent projects or contracts should be kept, with the phone numbers and addresses of contacts who can verify that work was carried out with due regard to health and safety. This should be sufficient to demonstrate your ability to deal with the key health and safety issues arising from the work you are applying for. Where there are significant shortfalls in your previous experience, or there are risks associated with the project which you have not managed before, an explanation of how these shortcomings will be overcome.

Guidance for assessing competence of a co-ordinator for a larger or more complex project, or one with high or unusual risks.

Organisations do not have to produce all of the evidence listed in column 3 to satisfy the standard – they simply need to produce enough evidence to show that they meet the standard in column 2, taking account of the nature of the project and the risks which the work entails. This requires you to make a judgement as to whether the evidence provided meets the standard to be achieved.

If your judgement is reasonable, and clearly based on the evidence provided, you will not be criticised if the company you appoint subsequently proves not to be competent to carry out the work.

Remember that assessments should focus on the needs of the particular job and should be proportionate to the risks arising from the work.

Unnecessary bureaucracy associated with competency assessment obscures the real issues and diverts effort away from them.

Element	Sub-element	Examples of attainment
Stage 1
Task knowledge appropriate for the tasks to be undertaken. May be technical or managerial.	The design process	Professionally Qualified to Chartered level (Note 1) Membership of a relevant construction institution, for example CIBSE; ICE; IET; IMechE; IstructE; RIBA; CIAT.
Health and safety knowledge sufficient to perform the task safely, by identifying hazard and evaluating the risk in order to protect self and others, and to appreciate general background.	Health and safety in construction	Validated CPD in this field (Note 2), and typical additional qualification e.g. NEBOSH Construction Certificate Member of the Health and Safety Register administered by the ICE (Note 3) Member of the Co-ordinators’ Register administered by the Association for Project Safety Fellowship of Association for Project Safety Membership of Institution of Planning Supervisors.
Stage 2
Experience and ability sufficient to perform the task, including, where appropriate, an appreciation of constructability, to recognise personal limitations, task-related faults and errors and to identify appropriate actions.		Evidence of work on similar projects with comparable hazards, complexity and procurement route.

Note 1 Chartered membership of a recognised construction-related institution.

Note 2 For current professionals this needs to include at least 3 days of appropriate training within the last 2 years, including a general ‘health and safety’ course with a construction bias and/or a specialist ‘co-ordinator’ course.

Note 3 Open to any member of a construction-related institution.

2011-12-22T21:43:00.000+00:00

1. When compiling the Health and Safety file, consideration should be given to including information about each of the following where they are relevant to the health and safety of any future construction work. The level of detail should allow the likely risks to be identified and addressed by those carrying out the work:

· a brief description of the work carried out;

· any residual hazards which remain and how they have been dealt with (e.g. surveys or other information concerning asbestos; contaminated land; water bearing strata; buried services etc.);

· key structural principles (e.g. bracing, sources of substantial stored energy, including pre- or post-tensioned members) and safe working loads for floors and roofs, particularly where these may preclude placing scaffolding or heavy machinery there;

· hazardous materials used (e.g. lead paint; pesticides; special coatings which should not be burnt off etc.);

· information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting, order or other special instructions for dismantling etc.);

· health and safety information about equipment provided for cleaning or maintaining the structure;

· the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc.;

· information and as-built drawings of the structure, its plant and equipment (e.g. the means of safe access to and from service voids, fire doors and compartmentalisation etc.).

2. The file does not need to include things that will be of no help when planning future construction work, for example:

· the pre-construction information, or construction phase health and safety plan;

· construction phase risk assessments, written systems of work and COSHH assessments;

· details about the normal operation of the completed structure;

· construction phase accident statistics;

· details of all the contractors and designers involved in the project (though it may be useful to include details of the principal contractor and planning supervisor);

· contractual documents;

· information about structures, or parts of structures, that have been demolished unless there are any implications for remaining or future structures, e.g. voids;

· information contained in other documents, but relevant cross-references should be included.

3. Some of the above items may be useful to the client for later work, or may be needed for purposes other than complying with the CDM regulations, but CDM (2007) does not require them to be included in the file. Including too much material may hide crucial information about risks.

The file does not need to include things that will be of no help when planning future construction work, for example:

· the pre-construction information, or construction phase plan;

· construction phase risk assessments, written systems of work and COSHH assessments;

· details about the normal operation of the completed structure;

· construction phase accident statistics;

· details of all the Contractors and Designers involved in the project (though it may be useful to include details of the Principal Contractor and CDM co-ordinator);

· contractual documents, F10 etc;

· information about structures, or parts of structures, that have been demolished - unless there are any implications for remaining or future structures, for example voids;

· information contained in other documents, but relevant cross-references should be included.

The Client’s duty in relation to the health and safety file - Regulation 17

· The Client shall ensure that the CDM co-ordinator is provided with all the health and safety information in the Client’s possession (or which is reasonably obtainable) relating to the project which is likely to be needed for inclusion in the health and safety file, including information specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2006(a).

· Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the Client shall ensure that the information relating to each site or structure can be easily identified.

· The Client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file

(1) is kept available for inspection by any person who may need it to comply with the relevant statutory provisions;

(2) and is revised as often as may be appropriate to incorporate any relevant new information.

· It shall be sufficient compliance with paragraph (3)(a) by a Client who disposes of his entire interest in the structure if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file.

2011-09-03T09:33:00.000+01:00

This article defines safe working, the meaning of hazard and risk, hazard identification techniques, basic qualitative risk assessment, selecting or seeking advice on workplace precautions and assisting managers to prepare risk assessments. It concludes with a reminder of statutory responsibilities for health and safety at work.

The term "WORKING SAFELY" may be defined as:

"The collective actions of employees and managers to identify potential hazards in their workplace and either eliminate or control them to an acceptable level, with the common goal of preventing accidents and minimising loss to the compa

In order to work safely employees and managers alike must adopt a proactive approach to health and safety in their workplace that will require a genuine, visible commitment together with personal ownership structured around a control strategy.

A "HAZARD" is defined as "Anything with the potential to cause harm" Harm may include-injuries, ill-health or both. A "RISK" is defined as:

"The likelihood that a particular hazard will give rise to harm (the extent of the risk covers the population affected and the consequences for them).

Risk therefore reflects both the likelihood and severity of the harm. Hazard Identification

Workplace hazards may be presented in many different forms according to their origin and their physical state. They may comprise of one or all of the following categories:

Physical hazards - these may include excessive noise, extremes of temperature or exposure to other energy forms such as radiation and electricity. Alternatively, they may be mechanical in nature such as traps, impact, contact and entanglement with machinery.

Chemical hazards - these may comprise acids, alkalis, solvents, detergents or other substances known to be hazardous to health. They may produce toxic, harmful, corrosive or irritant effects when in contact with the human body.

Biological hazards - diseases such as Hepatitis, Legionnaires, Leptospirosis and Anthrax may be contracted from humans or animals or transmitted by other media such as blood, water or the air.

Ergonomic hazards - consideration must also be given to the machine/operator interface. Hazards may include visual and postural fatigue, internal and external manual handling injuries and work related upper limb disorders associated with repetitive movement and strains.

The essential first step in risk control is to seek out and identify hazards. Relevant sources of information include:

Legislation and supporting Approved Codes of Practice which give practical guidance and include basic minimum requirements.
HSE guidance.
Process information.
Product information.
Relevant British and international standards.
Industry or trade association guidance.
The personal knowledge and experience of managers and employees.
Accident, ill health and incident data from within the organisation, from other organisations or from central sources.
Expert advice and opinion and relevant research.

There should be a critical appraisal of all routine and non-routine business activities.

People exposed may include not just employees but also others such as members of the public, contractors and users of the products and services. Employees and safety representatives can make a useful contribution in identifying hazards.

In the simplest cases, hazards can be identified by observation and by comparing the circumstances with the relevant information (for example single-storey premises will not present any hazards associated with stairs).

In more complex cases, measurements such as air sampling or examining the methods of machine operation may be necessary to identify the presence of hazards from chemicals or machinery.

In the most complex or high-risk cases (for example, in the chemical or nuclear industry) special techniques and systems may be needed such as hazard and operability studies (HAZOPS) and hazard analysis techniques such as event or fault-tree analysis. Specialist advice may be needed to choose and apply the most appropriate method.

Risk Assessment

A risk assessment is nothing more than a careful examination of what, at work, could cause harm to people, so that it can be established whether enough precautions have been taken or more should be done to prevent harm. The aim is to make sure that no one gets hurt or becomes ill.

Accidents and ill health can ruin lives and affect business too if output is lost, machinery is damaged, insurance costs increase, or if subject to prosecution.

The important things to be decided are whether a hazard is significant and whether it is covered by satisfactory precautions so that the risk is small. This must be done when assessing risks. For instance, electricity can kill but the risk of it doing so in an office environment is remote provided that 'live' components are insulated and metal casings properly earthed.

HSE Guidance - Five Steps to Risk Assessment STEP 1 - Look for the hazards

Start by walking around the workplace and looking afresh at what could reasonably be expected to cause harm. Ignore the trivial and concentrate on significant hazards that could result in serious harm or affect several people.

Ask other employees or safety representatives what they think. They may have noticed things that are not immediately obvious. Manufacturers' instructions or data sheets can also help spot hazards and put risks in their true perspective. So can accident and ill-health records.

Look for hazards that could reasonably expect to result in significant harm under the conditions in your workplace. Use the following examples as a guide:

Slipping/tripping hazards (poorly maintained floors or stairs)
Fire (flammable materials and sources of heat)
Chemicals (battery acid)
Moving parts of machinery (blades)
Work at height (mezzanine floors)
Ejection of material (plastic moulding)
Pressure systems (steam boilers)
Vehicles (fork-lifftrucks etc.)
Electricity (poor wiring)
Dust (grinding)
Fumes (welding)
Manual handling
Noise
Poor lighting
Low temperature

STEP 2 - Decide who might be harmed, and how

Young workers, trainees, new and expectant mothers etc., who may be at particular risk

Cleaners, visitors, contractors, maintenance workers etc., who may not be in the workplace all the time
Members of the public, or people sharing the workplace, if there is a chance they could be hurt by work activities.

STEP 3 - Evaluate the risks and decide whether existing precautions are adequate or more should be done

Risk assessment requires assessment of two factors:

Likelihood
Severity

Likelihood

A subjective assessment of the probability can be reduced to numbered categories as follows. (There are many versions of this technique).

5 = Certain or near certain
4 = Very likely
3 = Likely
2 = Unlikely
1 = Very unlikely

Severity

This requires an assessment of the possible outcome of the hazard. Various factors will affect the severity. We can apply a similar procedure to the above and produce a numbered scale as follow:

5 = Death
4 = Major injury, disabling disease
3 = Lost time injury (over 3 days)
2 = First aid injury
1 = Minor injury

Risk Rating

Multiply the Severity number by the Likelihood number to arrive at the risk factor for each hazard. This produces a number on a scale of 1 to 25. These numbers provide an indication of priority and the extent of the risk, the higher the number the greater the priority and risk and therefore the more resources which may be needed to control the risk

This can easily be shown with the use of the risk matrix

As a rough guide:

16 to 25 is high risk and may require the provision of considerable resources involving special equipment, training, high levels of supervision and consideration of the most effective methods of eliminating or controlling hazards.

6 to 15 is significant risk and will require an appropriate level of resources.

1 to 5 is low risk but actions should still be taken to try to reduce these risks further if possible within reasonable limits

The aim is to make all risks small by adding to the precautions as necessary.

If it is found that something needs to be done, an "action list" can be drawn up to give priority to any remaining risks which are high and/or those which could affect most people. In taking action ask:

Can we get rid of the hazard altogether?
If not, how can the risks be controlled so that harm is unlikely?

In controlling risks, apply the principles below, if possible in the following order:

Try a less risky option
Prevent access to the hazard (by guarding)
Organise work to reduce exposure to the hazard
Issue personal protective equipment
Provide welfare facilities (washing facilities for removal of contamination and first aid)

These are inexpensive precautions considering the risks. Failure to take simple precautions can cost a lot more if an accident does happen.

STEP 4 - Record your findings

If there are fewer than five employees an employer does not need to write anything down, though it is useful to keep a written record of what has been done. But if there are five or more people employed the employer must record the significant findings of the assessment.

This means writing down the significant hazards and conclusions. Examples might be

Electrical installations - insulation and earthing checked and found sound
Fume from welding - local exhaust ventilation provided and regularly checked
Risk assessments ^-must be suitable and sufficient — this means showing that:
A proper check was made by competent people to identify significant hazards
Those who might be affected are identified
All the obvious significant hazards were addressed, taking into account the number of people who could be involve

The precautions are reasonable and the remaining risk is low

STEP 5 - Review your assessment and revise it if necessary

Sooner or later new machines, substances and procedures that could lead to new hazards will be brought in. If there is any significant change, this should be added to the assessment to take account of the new hazard

Do not amend the assessment for every trivial change or for each new job, but if a new job introduces significant new hazards of its own, this must be considered in its own right and action taken to keep the risks down.

It is good practice to review the assessments from time to time to make sure that the precautions are still working effectively

Sources of Information

It is essential to keep abreast of new health and safety legislation and other developments in the health and safety field. Copies of the Acts and Regulations are sold by HMSO. These, however, generally give only a broad outline but it is useful to know the aim of the Act or Regulation.

Extensive health and safety information can be obtained from the Health and Safety Executive (HSE) telephone 01787 881165 (HSE Books), or via their website at http://www.hse.gov.uk/

Publications available include:

Approved Codes of Practice
Guidance
Free leaflets on a wide variety of hazards

Information and advice on occupational health problems can be obtained from the Employment Medical Advisory Service (EMAS). The EMAS telephone numbers are available at local HSE area offices.

Local Authority Environmental Health Departments

Local authorities have responsibility for enforcing health and safety legislation in a wide variety of non-industrial premises, for example at various consumer services, launderettes, restaurants etc.

Organisations Involved in Safety

There are a number of organisations that are involved almost exclusively in Health and Safety and publish monthly journals that are valuable sources of information. These include:

Institution of Occupational Safety and Health (IOSH) (see above)
Royal Society for the Prevention of Accidents (RoSPA)
British Safety Council

Publications

There are a considerable number of books both general and specific on health and safety published and available from books shops.

British and European Standards
A number of these relate to safety such as BS EN 292 Safeguarding of Machinery and BS EN 166 Eye Protection. Whilst not having legal standing they will be used as yardsticks of good safety practice

Professional Institutes/Trade Organisations

These often produce codes of practice, for example the Institute of Electrical Engineers Regulations on Electrical Installations and Portable Appliance Testing.

Consultants and Specialists

Advice can be obtained from organisations such as Universities, Colleges, and Institutions who offer consultancy services as well as specialists in various areas.

Training Boards

Training Boards specify training standards but some of their publications provide substantial information on safety matters.

Manufacturers and Suppliers
Manufacturers, suppliers and importers have a duty under HASAWA Section 6 to provide information that will enable the users of their products to be able to use them with safety.

Manufacturers of Personal Protective Equipment (PPE) will meet the various British Standards relating to their products and provide the information on their levels of protection.

Trade Unions and the TUC

Unions and the TUC produce guides for Safety Representatives and many Unions also have full time Officers who deal with Health and Safety matters.

Posters and Signs
Employers must display certain statutory notices that provide information to employees. Other posters can be used to remind staff of general workplace hazards or to support specific safety campaigns. Signs remind employees of safety requirements and also draw to the attention of visitors who are not familiar with the workplace potential hazards.

Company Sources

Company Safety Policy — a legal requirement with five or more employees in the company.
Job descriptions — responsibilities, hazards and control measures.
Accident statistics and records.

Health and Safety Statutory Legislation — Application to Employees

The following information is provided to remind people of their general health and safety legal responsibilities at work.

This information must also be provided at the workplace in the form of either:

A poster prominently displayed in the workplace, entitled "Health and safety law — what you should know"; or
An approved leaflet given to employees. The Health and Safety at Work etc. Act 1974 Section 7 - Duties of employees at work

To take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions.
To co-operate with their employer or any other person so far as is necessary to enable statutory duties or requirements to be complied with.

Section 8 - Duty on all persons

No person must intentionally or recklessly interfere or misuse anything provided in the interests of health, safety or welfare.

The Management of Health and Safety at Work Regulations 1999 Regulation 14— Employees' duties
Employees must use any machinery, equipment, substance etc in accordance with training and instructions given.

Employees must report to employers or others with responsibility for health and safety of employees:

Work situations that represent serious and immediate danger to health and safety.
Matters that represent shortcomings in the protection arrangements for health and safety.

Any failure to observe the duties outlined above could lead to individuals being prosecuted in the criminal courts

2008-05-04T10:08:00.002+01:00

Hi there could be a bit of a delay to new posts as I take a time out for study, we have exams in 4 weeks I need that time to concentrate on parts I'm a bit light in, ie practical assessment, so will finish all this later
Stewart

2008-04-26T11:07:00.002+01:00

A slightly different tack on this element as I am a bit behind on the course, but an excellent source of information is Andy Brazier's page http://healthandsafetycertificate.blogspot.com/ lots and lots of stuff here. I even bought his book for a £5 it's a bargain. Below is chapter 13 covering the relevant topic

Physical and psychological hazards

The following can cause physical and/or psychological harm:

Ionising and non-ionising radiation;

Noise;
Vibrations;
High or low temperatures;
High humidity;
Poor ergonomics - body position;
Repetitive actions;
Fatigue;
Stress.

Ionising radiation

Ionising radiation occurs as either electromagnetic rays (such as X-rays and gamma rays) or particles (such as alpha and beta particles). It occurs naturally (e.g. radon gas) but can also be produced artificially. Everyone receives some exposure to natural background radiation.

It is used or occurs in the following work settings

Medicine (for diagnosis and treatment);
Industry (for measurement and non-destructive testing);
Power generation (nuclear power stations);
Research and teaching.

Exposure to ionising radiation can alter human cells. It can cause radiation burns, poisoning and lead to cancer. It can be dangerous to unborn babies. Exposure can be directly from a source of ionising radiation. Consequences can be particularly severe when radioactive material is ingested as the exposure lasts as long as the material is inside the body.

Ionising Radiation Regulations 1999 require employers to make sure exposure is restricted as far as reasonable practicable and is kept below dose limits. Practices must be authorised by the HSE and suitable risk assessments need to be carried out prior to work commencing and reviewed at suitable intervals. Where radiation accidents are reasonably foreseeable, contingency plans need to be developed.

Employers need to appointment Radiation Protection Advisers (often an individual from a specialist company) who achieve competence in the management of risk due to ionising radiation. They should be consulted with to ensure regulations are being complied with.

The regulations specify circumstances when controlled areas need to be defined because people may be exposed to certain levels of ionising radiation within them. Where such areas are necessary it is a requirement to develop .Local Rules. And appoint Radiation Protection Supervisors who have a fundamental role in ensuring compliance with regulations and local rules. They do not need to be present at the worksite at all times, but are the first point of contact for help and advice and so need to be readily available.

People who have the potential to be exposed to certain levels of ionising radiation need to be designated as a .Classified Person. and their dose must be monitored and records kept. Action needs to be taken where someone is exposed to excessive doses of ionising radiation.

Non-ionising radiation

Non-ionising electromagnetic radiation (NIEMR) is the term used to describe the part of the electromagnetic spectrum covering two main regions

Optical radiation including ultraviolet (UV), visible light and infrared.
Hazardous exposure may result from the sun, sunbeds, lasers and welding.
Electromagnetic fields (EMFs) including power frequencies, microwaves and radio frequencies.

Exposure of the eyes to UV radiation can damage the cornea and produce pain and symptoms similar to that of sand in the eye.

The effects on the skin range from redness, burning and accelerated ageing through to various types of skin cancer.

High-power lasers can cause serious damage to the eye (including blindness) as well as producing skin burns.

Exposure of people to high levels of EMFs can give rise to acute effects. The effects depend on the frequency, with low frequencies affecting the central nervous system and high frequencies causing heating effects that can lead to a rise in body temperature. In reality, these effects are extremely rare and will not occur in most day-to-day work situations

Noise at work can cause hearing loss. This may be temporary, but continued exposure, or short term exposure to very high noise can cause permanent damage.

Also, exposure to high levels of noise can cause tinnitus (ringing, whistling, buzzing or humming in the ears) and working in a noisy environment makes communication difficult and can mean people cannot hear warnings and alarms.

Noise levels are measured in Decibels (dB). Control of Noise at Work Regulations

2005 set limits for short and long term exposure and require employers to:

Assess the risks to their employees from noise at work;

Take action to reduce the noise exposure that produces those risks;
Provide employees with hearing protection if the noise exposure cannot be reduced enough using other methods;
Make sure the legal limits on noise exposure are not exceeded;
Provide employees with information, instruction and training;
Carry out health surveillance where there is a risk to health.

Legal limits are defined in three categories

Lower exposure action values which are a daily or weekly exposure of 80 dB or peak sound pressure of 135 dB . above these levels hearing protection must be available for employees (although they do not need to use it) and information and training must be given regarding the risks and controls;
Upper exposure action values which are a daily or weekly exposure of 85 dB or peak sound pressure of 137 dB . above these levels the noise must be reduced to as low as reasonably practicable and employees must wear hearing protection;
Maximum exposure limit values which are a daily or weekly exposure of 87 dB or peak sound pressure of 140 dB . exposure must not exceed these levels.

A key element of the regulations is that noise levels should be reduced before

considering hearing protection. Employees have a duty to co-operate with their

employers in protecting hearing, including wearing hearing protection provided.

Reference . .Noise at work Guidance for employers on the Control of Noise at

Work Regulations 2005. available free at

http://www.hse.gov.uk/pubns/indg362.pdf

Vibrations

There are two main concerns regarding vibration

Whole body vibration
Hand arm vibration

Whole-body vibration is shaking or jolting of the human body through a supporting surface (usually a seat or the floor), for example when driving or riding on a vehicle along an unmade road, operating earthmoving machines or standing on a structure attached to a large, powerful, fixed machine which is impacting or vibrating. It can cause back pain, often aggravating a previous problem.

Hand-arm vibration can be caused by operating hand-held power tools (e.g. road breakers), hand-guided equipment (e.g. powered lawnmowers) or by holding materials being processed by machines (e.g. using pedestal grinders). Regular and frequent exposure to hand-arm vibration can lead to permanent health effects (occasional exposure is unlikely to cause ill health).

Symptoms include:

Tingling and numbness in the fingers;
Not being able to feel things properly;
Loss of strength in the hands;
The fingers going white (blanching) and becoming red and painful on recovery (particularly in the cold and wet, and probably only in the tips at first).
Continued exposure can mean people cannot use their fingers properly, especially in cold conditions.

The Control of Vibration at Work Regulations require employers to:

Assess the vibration risk to employees;

Decide if they are likely to be exposed above the daily exposure action value (EAV), and if so introduce a programme of controls to eliminate risk, or reduce exposure to as low; and provide health surveillance
Decide if they are likely to be exposed above the daily exposure limit value (ELV) and if they are take immediate action to reduce their exposure below the limit value;
Provide information and training to employees on health risks and the actions you are taking to control those risks;
Consult trade union safety representative or employee representative on your proposals to control risk and to provide health surveillance;
Keep a record of risk assessment and control actions;
Keep health records for employees under health surveillance;
Review and update your risk assessment regularly.

The exposure action value (EAV) is a daily amount of vibration exposure above which employers are required to take action to control exposure.

For hand-arm vibration the EAV is a daily exposure of 2.5 m/s2 A(8) and for whole body vibration 0.5 m/s2 A(8)

The exposure limit value (ELV) is the maximum amount of vibration an employee may be exposed to on any single day. For hand-arm vibration the ELV is a daily exposure of 5 m/s2 A(8) and for whole body vibration 1.15 m/s2 A(8)

Reference . .Control back-pain risks from whole-body vibration. available free at

http://www.hse.gov.uk/pubns/indg242.pdf

Reference . .Control the risks from hand-arm vibration. available free at

http://www.hse.gov.uk/pubns/indg175.pdf

Temperature

Working in conditions that are too hot can cause heat stress that can affect a person.s ability to work, potentially leading to heat exhaustion and heat stroke (can result in unconsciousness and can be fatal). Also, dehydration.

Working in cold conditions can cause cold stress and hypo-thermia.

Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992. Employers must provide a .reasonable. temperature in the workplace.

It is suggested that the minimum temperature in workrooms should normally be at least 16 degrees Celsius, or 13 degrees Celsius if much of the work indoors involves severe physical effort. A meaningful figure cannot be given at the upper end of the scale because other factors have an affect including radiant temperature, humidity and air velocity.

Humidity

Humidity is the amount of water vapour in air. Levels are usually quoted as relative humidity, which is the ratio between the actual amount of water vapour in the air and the maximum amount of water vapour that the air can hold at that air temperature High relative humidity (>80%) starts to prevent evaporation of sweat from the body. This evaporation is a major way of regulating body temperature. Therefore, high humidity can contribute to heat exhaustion and heat stroke.

Humidity is particularly a concern when people are required to wear extra clothing (i.e. in the form of personal protective equipment PPE). In this case the humidity inside clothing can be significantly higher than outside.

Humidity is covered by the Workplace (Health, Safety and Welfare) Regulations 1992.

Managing the risks associated with physical hazards

Ergonomics

Ergonomics is the application of scientific information concerning humans to the design of objects, systems and environment for human use. The aim is to use this information to ensure comfort, efficiency, productivity and safety. Ergonomics comes into everything which involves people. In a phrase, the job must .fit the person. in all respects, and the work situation should not compromise human capabilities and limitations.

Ergonomics covers anatomy, physiology and psychology.

Neck and back pain

Neck and back pain can arise in many situations, but the following are known to cause problems:

Heavy manual labour;
Manual handling in awkward places;
Repetitive tasks;
Sitting at a workstation for a long time (especially if not set up properly);
Stooping, bending over or crouching (poor posture);
Pushing, pulling or dragging excessive loads;
Stretching, twisting and reaching;
Prolonged periods in one position, leading to postural strain;
Situations where the whole body is subjected to vibration, jolting and jarring (including driving long distances or over rough ground).

As with many ill health conditions, some people are more susceptible to back pain than others.

HSE have dedicated web pages for neck and back pain at

http://www.hse.gov.uk/msd/backpain/index.htm

Work related upper limb disorders (WRULD)

WRULD, sometimes known as repetitive strain injury are problems with the shoulder and arm, including the forearm, elbow, wrist, hand and fingers, and can include neck pain. Any type of work that involves a worker using their arms to carry out tasks can lead to WRULDs, although they are frequently associated with computer use and assembly work. Symptoms include tenderness, aches and pain, stiffness, weakness, tingling, numbness, cramp and swelling.

Risk factors include:
Repeating an action;
Uncomfortable working position;
Using a lot of force;
Carrying out a task for a long period of time;
Poor working environment;
Psychosocial issues (lack of control or status).

Finding solutions is not always easy, and it is important to recognise that people are different sizes, have different abilities and some are more susceptible due to disabilities. Certainly workstation and job design can have a significant impact, but behaviours are equally important, including posture, exercise and taking breaks. People need to be informed of the risks and how to minimise them. If someone contracts WRULD it may be sufficient for them to change their working methods. However, in some cases medical treatment and rehabilitation may be required.

Reference- Aching arms (or RSI) in small businesses, available free at

http://www.hse.gov.uk/pubns/indg171.pdf

Display screen equipment (DSE)

Poor physical layout of DSE workstations can cause WRULD. Also, screen glare and poor image quality can contribute to tired or sore eyes and headaches (especially for people who wear contact lenses or bi-focal glasses). People using

DSE can suffer from stress due to the expected pace of work or anxiety about new technology.

There is no evidence to suggest radiation from screens is a problem, even for pregnant women. A few people claim skin problems, but this is more likely to be with air quality (that may be affected by electrical equipment) rather than the DSE itself. A small number of epileptics may have problems.

The Health and Safety (Display Screen Equipment) Regulations 1992 require that operators or users have:

Adequate training and information;
Proper breaks or changes of activity;
Work stations suitable for them which meet, where necessary, the standards in the schedule;
Eye tests if they request them.

There are many devices available that are designed to minimise health impacts from using DSE. They include specialised computer mice, document holders and arm rests. As with WRULD, whilst these can assist it is often behaviour (combined with well design standard DSE) that can have the greatest impact.

Reference . .Working with VDUs. available free at

http://www.hse.gov.uk/pubns/indg36.pdf

Working environment

Welfare and hygiene

People cannot remain healthy at work if their basic welfare needs are not catered for. This includes the following:

Toilets;
Facilities to wash (including showers where necessary);
Drinking water supply;
Places to eat;
Places to change and store clothes (if work clothes are required);
Rest facilities for pregnant women (i.e. reasonably practicable).

It is important to recognise that people eating with dirty hands can result in them ingesting hazardous materials. Also, that dirty clothes can mean people taking hazardous materials into their car and possibly home to their family.

Facilities have to be kept clean, in good condition and supplied with materials (e.g. toilet paper, soap). Also, rooms need to be well ventilated and at a reasonable temperature (not too hot or cold).

These requirements are all covered by the Workplace (Health, Safety and Welfare) Regulations 1992.

A safe place to work

The following fall into the category of general safety:

Lighting must be sufficient for people to work safely;
People need enough space. As a minimum there should be 11m3 per person (with any height above 3m being considered as 3m for this calculation);
Floors and traffic routes must be sound and strong enough. They must not have holes, not be slippery or obstructed;
Handrails must be provided for stairways;
Clear/glass doors must be arranged so people are not liable to walk into them, and they need to be protected against breaking;
It must be possible to clean windows safely;
Doors that swing both ways must allow people to see through so people behind them are not hurt;
Escalators and moving walkways must be of safe design and condition, and have emergency stop buttons.

Reference: Workplace health, safety and welfare - a short guide for managers, available free at

http://www.hse.gov.uk/pubns/indg244.pdf

Stress

Stress is the adverse reaction people have to excessive pressures or other types of demand placed on them. Whilst pressure is an integral part of work and helps to keep people motivated, when it is excessive it can lead to stress. Stress causes chemicals to be released into the body that impact on how the body works. Overtime this can cause significant health problems. Also, stress affects peoples. concentration, information processing and decision making, which undermines their performance and can cause them to commit errors or behave unsafely.

The primary sources of stress at work include:

High demands, excessive workload, unhealthy work patterns and working poor environment;
Lack of control, no say in the way they do their work;
Lack of support, lack of encouragement and resources from the organisation;
Poor relationship, tension with management or colleagues and a failure to deal with unacceptable behaviour such as bullying;
Poorly defined roles .people not understanding their responsibilities or the scope of their job;
Poorly managed change . people not considered in the change management process or not given sufficient information about what is happening or why.

Organisations should have systems in place to manage stress. They should include a policy, organisation and arrangements to identify potential stress (through risk assessment), actual stress (sickness rates) and deal with it. Proactive monitoring of stress, often through the use of staff surveys, should be part of the arrangements. The HSE have a website dedicated to stress at

http://www.hse.gov.uk/stress/index.htm

Fatigue

Fatigue occurs when people get very tired over a long time and/or are unable to rest. It significantly increases the likelihood of human error and over the long term can cause of contribute to stress (with subsequent health problems). Poor working conditions (e.g. noise, lighting, DSE) tend to increase levels of fatigue.

Shift and night work

Shift and night workers are particularly prone to fatigue because their workingpatterns differ from natural .circadian rhythms,. meaning they have to be awake when their body wants to be asleep. They are known to be prone to stomach, heart and psychological problems. Also, working unusual hours can impact on relationships causing stress.

People working at night are likely to be tired and so prone to errors. Also, it is likely to be dark and there is usually less support (e.g. technical), which can create problems.

Good shift patterns and controls over hours actually worked can minimise fatigue.

Plenty of exercise, a healthy diet and getting sleep whenever possible are particularly important for shift and night workers to minimise the risks due to their patterns of work.

2008-04-21T19:33:00.002+01:00

``1.	Outline the factors that may affect the efficiency of a local exhaust ventilation (LEV) system.	(8)
	Factors can include: Blocked filters. Hood placed too far from source of contaminant. Lack of maintenance and testing. Unauthorised alterations. Wear or corrosion of fan blades. Incorrect settings. System overwhelmed by increase in contaminant. Inadequate design
2.	Identify the information that should be included on a hazard data sheet supplied with a hazardous substance.	(8)
	Information should include: The name of the substance. It's chemical properties and composition. The nature of hazards. Relevant standards (e.g. Occupational exposure limits). Precautions to be observed in its transport, handling and use. Measures to take in an emergency (e.g. spillage or accidental exposure) including first-aid treatment and disposal requirements.
3.	a) List the elements of a hierarchy for the control of airborne contaminant (b) Outline TWO reasons why a cartridge-type respirator may in practice fail to provide a sufficient level of protection.	(6) (2)
	Control measures in correct order of use are: Elimination of the substance or its substitution with something less harmful. Possibility of reducing exposure by introducing changes in working methods (e.g. use of brush instead of spray or, pellets instead of dust), or to work patterns. Segregation or enclosure of the process and provision of LEV). Lastly, the provision of PPE. Reasons include: Poor fit of the respirator, either because of the use of other PPE at the same time or facial hair. The use of incorrect cartridge. The cartridge not being properly fitted. Failure to change the cartridge at appropriate intervals. Inadequate storage facilities leading to respirator being damaged or contaminated.
4.	(a) Describe the typical symptoms of occupational dermatitis. (b)State the factors that could affect the likelihood of dermatitis occurring in workers handling dermatitic substances. (6)	(2) (6)
	Symptoms are reddening, blistering and cracking of the skin with a possibility of infection and ulceration. Factors include; the nature of the agent, concentration levels and the duration and frequency of exposure when dermatitis substances are handled. Additional factors that could increase the risks include cuts and abrasions that would allow the chemical to be absorbed more readily. Existing skin conditions, the type of skin and its sensitivity, the specific site of skin contact, poor personal hygiene and the misuse of protective measures are other factors
5.	Outline the Factors to be considered in the selection of respiratory equipment for persons carrying out welding activities
	Factors to be considered include: The nature and concentration of contaminants released from the welding process. The material to be welded including any surface coatings (eg lead paint) and the constituents of the filler materials must all be assessed. Once this has been done a range of suitable respiratory protective equipment that would offer adequate protection can be considered. In doing so consideration would be given to the compatibility of the equipment with the work to be done and any other PPE, ergonomic considerations (Bulkiness, comfort etc.), the level of training required, the duration and use, the ease of maintenance and the costs
6.	(a) Define the term 'target organ' within the context of occupational health. (b) Outline the personal hygiene practices that should be followed to reduce the risk of ingestion of a hazardous substance.	(2) (6)
	(a)Target organs are , the organs of the human body upon which a toxic material exerts it effort. (b) Personal hygiene practices would include, washing hands before eating , the avoidance of eating or drinking and smoking in the workplace, utilising facilities for contaminated clothing, appropriate use of gloves and avoiding hand to mouth contact

Severity

Likelihood