short course by j mc cann

Moral reasons

Legal reasons

Safety pays

Handling accidents 30% of total

Slips trips and falls 25%

Struck by objects 5%

Striking objects 20%

Harmful substances 10%

Fires 5%

Technician Overturned magnet

Amputated toes

Labourer Manhole cover Crushed fingers

Driver Car crash Whiplash injury

Manager Damaged socket Electric shock

Chef Tipping kettle Severe scalding

Technician Slip on wet floor Broken arm

Most accidents are a result of human error Some errors are deliberate Some are errors of judgement Other errors are mistakes made as a result

of forgetfulness or carelessness

Often management deficiencies are underlying causes of accidents

Electricity Fire Slips, trips and falls Bumping into things Handling injuries - sharp objects - lifting & carrying Falling/flying objects

Present in most workplaces

Chemicals Radiation Micro-organisms Machinery Hand tools Pressure vessels Hot and cold objects

Present in some workplaces

Musculo-skeletal injuries - upper limb disorders (“RSI”) - back injuries Asthma Dermatitis Noise induced hearing loss Vibration white finger Stress related illness

Can be referred to the Occupational Health

Common law is unwritten but binding Derived from local/customary laws & judges decisions It evolves continuously as precedents are established decisions of a lower court can be overturned by a higher

court

Statute law is written Passed by Parliament and approved by the Sovereign It takes precedent over all other forms of Law (Common

Law) etc. Some Statute law is derived from decisions of the

European Union; EC DIRECTIVES

Criminal Law exists to punish offenders and guilt must be established “beyond reasonable doubt”

Civil Law is concerned with compensation and redress: the burden of proof is “the balance of probability”

(a lower standard of proof)

If an accident occurs and somebody suffers injury or loss and negligence or breach of statutory duty

can be proved damages may be recoverable

Actions for personal injury claims etc normally have to be brought within 3 years of the accident

In the case of a disease (e.g. asbestosis the limitation is 3 years from diagnosis

Courts may allow some time

barred cases to proceed

Donoghue v Stevenson (1932): you must take reasonable care to avoid acts/omissions which you can reasonably foresee would be likely to injure your neighbour

This duty of care is owed to people who are closely & directly affected by your acts/omissions (e.g. employers, employees, contractors, visitors, suppliers)

defences against actions include: no duty owed, duty not breached, breach did not lead to damage, risk accepted voluntarily, contributory negligence

Ignorantia Juris non excusat; IGNORANCE OF THE LAW IS NOT AN EXCUSE

Wilson & Clyde Coal v English 1938 A leading case which established an Employer’s duty of care towards employees “Master’s duty to a Servant”

Safe premises Safe plant & equipment Competent fellow workers Adequate supervision

Damages can be recovered if it can be proved that loss occurred because of the defendant’s failure to comply with a statutory requirement

May be easier to prove than negligence Main defences: duty not breached, injured party

not protected by statute, harm not of type statute designed to protect, contributory negligence

Some statutory duties are absolute

Employers are vicariously liable for the actions of their employees provided that the employees were acting in the course of their employment

Even if the activity was expressly forbidden or the employee was negligent (e.g. Limpus vs London Omnibus Co., 1862)

Employees may also be sued. They have a duty to:

- To carry out duties with reasonable care - To avoid loss to Employer Employers not liable for activities that do not

form part of employees’ employment “servant’s frolic of his own”

Storey v Aston (1869) Employer not liable for accident caused during unauthorised detour

Edwards v National Coal Board (1949) Risk must be insignificant in relation to sacrifice (time, effort & expense

Marshal v Gotham & Co (1954) If something is practicable, courts will not lightly hold that it is not reasonably practicable

Adsett v K&L Steelfounders & Engineers Ltd (1953) The standard of practicality is that of current knowledge, not having sufficient resources is no excuse for inaction

“Volenti non fit injuria”: cannot expect redress if you consent to an act likely to result in injury or loss

Cutler v United dairies (1933) Cutler failed to recover damages after being injured trying to restrain a bolting horse: it was held he consented to the risk

Haynes v Harwood (1935) A policeman was able to recover damages after being injured restraining as bolting horse: he had a legal duty to protect life & property and was not held to have consented willingly to the action

Where a person suffers damage or loss Partly his/her fault Partly the fault(s) of other person(s)Damages may still be recoverable but the amount

will be reduced in proportion to the claimant’s responsibility

Saywer vs Harlow UDC (1958) Contributory negligence was accepted after a woman was injured when she put her foot on a revolving toilet roll while trying to get out of a cubicle

Duty of reasonable care to lawful visitors (invitees, licensees, contractors & those with a right under law)

Need to ensure premises are reasonably safe. Dangerous defects must be repaired and warning notices displayed as necessary

Should expect children to be less careful than adults

Common Law duty not to cause trespassers intended harm

Tichener v British Railways Board (1984)

BRB not liable for injuries to teenage girl hit by a train even though fence was not maintained (Girl frequently & willingly took risk)

British Railways Board vs Herrington (1972) BRB liable for injuries to a 6-year old child who had strayed onto the line

TRESPASS: CASE LAW

Lord Woolf (the Lord Chief Justice) drew up a Personal Injury Pre-action Protocol aimed at simplifying & streamlining claim procedures

Claims must proceed to a strict timetable Defendants must investigate claims & disclose

relevant documents within the timetable If the protocol is not complied with, Courts may

impose tough sanctions

You are going to work by bus. You buy a ticket (a “contract” with the bus co).

During the journey, the driver collides with another vehicle and you suffer minor cuts and bruises.

By the time everything is sorted out, you are very late for work. You sprint from the bus stop and trip over a paving stone, breaking your arm.

Who is, if anybody, is liable for your injuries?

All criminal cases are first dealt with by Magistrates Courts. these can try summary offences and can commit people accused of indictable offences (& commit people for sentencing) to the Crown Court.

The Crown Court tries Indictable offences. Trial is before a Judge (with a Jury in contested cases. Can also hear appeals from Magistrates Courts.

The High Court of Justice hears appeals from Magistrates & some appeals from Crown Courts.

The Court of Appeal (Criminal Division) hears appeals from Crown Courts it can amend or reverse decisions or remit cases to lower courts

The House of Lords is the ultimate court of appeal

Section 2: duty to ensure, so far as is reasonably practicable the health safety & welfare of employees

safe workplace & safe working practices information, training & supervision adequate welfare facilities health & safety policy safety representatives & committees

Section 3: employers to conduct undertakings so as to ensure so far as is reasonably practicable that persons not in his employment are not exposed to risks to their health & safety

Section 4: duty of those in control of premises to non-employees

Section 6: duties of manufacturers & suppliers (includes provision of safety information)

Section 7: duty of employees to take reasonable care for their health & safety and that of others affected by their acts/ omissions and to co-operate with employer

Section 8: no person to intentionally/ recklessly interfere with or misuse anything provided for health, safety or welfare

Section 9: no charge to employees for H&S items

Section 36: where the commission of an offence is due to the default of another person - that person shall be guilty of the offence

Section 37: Directors are responsible (as well as the body corporate) for offences committed with their consent/connivance or attributable to any neglect on their part

Made under the Health & Safety at Work etc Act 1974

Often required by European Directives Consultative Documents issued by Health & Safety

Commission Signed by the Secretary of State Laid before Parliament Have coming into force (CIF) dates Most may be cited in “breach of statutory duties”

actions (but not HSAWA or MHSWR)

Management of H&S at Work * Workplace Health, Safety & Welfare * Working time * Provision & Use of Work

Equipment * Personal Protective Equipment at Work * Display Screen Equipment * Manual Handling Operations * Safety Signs & Signals * Pressure Systems * Electricity

at Work * First Aid at Work * Control of Substances Hazardous to Health * Control of Asbestos at Work * Genetic Modification (Contained Use) Regulations * Dangerous Substances & Explosive Atmospheres *

Ionising Radiations * Genetic Modification * Reporting of Accidents, Incidents & Dangerous Occurrences

Assessment of risks planning, organisation, control monitoring & review health surveillance competent H&S personnel emergency procedures information & training co-operation with other employers employees to follow instructions & report serious

dangers/shortcomings

Maintenance,ventilation, heating & lighting Cleanliness & waste materials Space Workstations, floors & traffic routes Measures to prevent falls or falling objects Windows, skylights & ventilators escalators, walkways, doors & gates toilets, washing facilities, drinking water Facilities for changing, resting & eating

Risk assessment elimination or control of risk maintenance of equipment environmental monitoring health surveillance emergency procedures information, instruction & training

ACOPs are prepared by the Health & Safety Commission

Although they are not laid before Parliament, they have a legal status

They set out how Regulations may be complied with

You do not have to follow the ACOP but if you do not you may have to prove that you complied with the Regulations by other means

Entry to premises Involvement of police Make necessary examinations & investigations To direct premises are undisturbed To take photographs, measurements & samples To order plant to be dismantled Require witness statements Inspect documents etc

A Prohibition Notice prohibits an activity (e.g. use of a dangerous machine)

An Improvement Notice requires improvements (usually within a time scale)

Organisations can appeal against notices to an Industrial Tribunal

The HSE “names and shames” offenders Enforcing Authorities can prosecute offenders for

breaches of HSAWA or Regulations made under HSAWA

Failing to comply with an Improvement/ Prohibition Notice:

Lower court £20,000 and/or 6 months in prison Higher court unlimited fine and/or 2 years in prison Breaches of sections 2-6 of HSAWA Lower court £20,000; higher court unlimited fine Breaches of regulations etc Lower court £5,000; upper court unlimited fine

Both individuals and organisations can be charged with manslaughter

At present, a company can only be convicted of manslaughter if “the Controlling mind” is first proved guilty

This is normally only possible with very small companies

The law is being changed to make it easier to convict larger organisations

A chemical company (Associated Octel) used a firm of specialist contractors to carry out maintenance under permit to work systems

One of the contractors suffered severe burns when a lamp broke setting fire to solvent vapours from a bucket of acetone which was being used as a cleaning agent

AO denied responsibility, claiming that the activities of the contractors were “not part of their undertaking”

If you were an HSE inspector, who would you prosecute and why?

People often say “health & safety is just common sense” but unfortunately, “common sense” is a rare commodity

A proactive management system is needed if accidents and work related ill health are to be reduced

Policy, organisation, planning, monitoring, review

Commitment to standards of good/best practice

Duties/responsibilities of staff & employees Duties/responsibilities to public, visitors. May be supplemented by local rules Signed by Head of Department Periodically reviewed

Control - supervision, safe systems of work etc

Consultation - Safety Committees, informal consultation

Communication - intra-departmental, OHS Bulletin, web site etc

Competence - health & safety information, instruction, and training

A little fire is quickly trodden out, which being suffered rivers cannot quench – Shakespeare

Emergency plan Evacuation wardens Training & information Emergency kits Fire prevention

Risk assessment Substances hazardous to health Stress management Supervision of contractors Accident investigation Office safety Fire & emergencies etc

Runs from ..................... Incorporates Government targets for

reduction of accidents and ill health at work

Addresses each of the 5 areas of H&S management

Sets a timetable for action

Should be reviewed annually Could include: - policy revision - organisational initiatives (training etc) - risk assessment - risk elimination or control initiatives - monitoring/review Can include in Annual H&S Report

Inspections by Trade Union

Reps Health & Safety Management

Audits Visits by insurers and enforcing

authorities

All accidents and untoward incidents should be: - reported (RIDDOR) - recorded - investigated Remedial action must be taken to prevent repetition

Injuries which involve the following should be reported:

Visitors, young persons or contractors being taken to hospital

A time loss of more than 3 days results Admittance to hospital for more than 24 hours  Death ● Resuscitation ● Amputation Loss of consciousness ● Fractures ● Dislocations Loss of sight (temporary or permanent) Specified diseases Specified dangerous occurrences

Encourage reporting of minor accidents and near misses

Investigate & take action to prevent recurrence – immediate & underlying causes

Ensure accident form is completed Keep a copy with relevant documentation, (e.g.

witness statements, records of training, photographs)

Investigations should be about preventing recurrence, not apportioning blame

Review arrangements periodically when Annual H&S Reports written a significant change in activities After a serious incident

You must:

Identify hazards decide who is at risk assess the risks Record significant findings eliminate or control risks

A hazard is the Anything

that can cause harm A risk is the probability or Likelihood

that the hazard will

cause harm

Some risks we accept as part of normal living. Most would consider such conditions to be “safe”.

Other risks we tolerate because we consider the benefits outweigh the risks (e.g. driving a car). Conditions should also be relatively safe, provided risks are reduced as low as is reasonably practicable (ALARP).

Some risks are considered intolerable and most would consider conditions “unsafe”

Look for hazards that could reasonably be expected to cause significant harm

Check list Walk through survey Brainstorming session

What could go wrong if…………………….?

How could such a failure happen………...?

Operators Supervisors Contractors People sharing your workplace Visitors & members of the public Special risks (pregnant women, young or

inexperienced persons, lone workers, people with disabilities etc)

Risk = Harm x likelihood

Low frequency

Moderate frequency

High

frequency

Minor injury

Very low risk

Low risk Moderate risk

Serious injury

Low/

Moderate

Moderate risk

High risk

Major injury

Moderate/high risk

High risk Very high risk

Eliminate if practicable otherwise control exposure safe systems of work personal protective equipment instruction and training emergency procedures health surveillance

FIRE

Risk of multiple fatalities and material loss Keep combustible material to a minimum Take care with flammable solvents Dispose of waste promptly Take care with sources of ignition Do not wedge fire doors open Do not block fire exits Report faults etc promptly

Fires can break out any time Do you know what to do ? Do you know where to go ? Do you know which extinguisher to use ?

The following slides will help,HOWEVER YOU SHOULD READ YOUR LOCAL

FIRE INSTRUCTIONS, IT JUST MIGHT SAVE YOUR LIFE

OR SOMEONE ELSES.

SHOUT, FIRE, FIRE, FIRE,FIRE, FIRE, FIRE, don’t be embarrassed or worried about

being wrong and don’t try to be a hero. Press the nearest FIRE CALL BUTTON, get

to know where they are, normally by or close too exits.

BREAK GLASS TO SOUND ALARM

USE THE NEAREST PHONE AND CALL THE EMERGENCY NUMBER.

GIVE YOUR NAME WHERE YOU ARE CALLING FROM WHERE THE FIRE IS ONLY IF IT IS SAFE TO DO SO - INFORM

THE OPERATOR IF YOU ARE MAKING AN ATTEMPT TO EXTINGUISH THE FIRE

LEAVE THE BUILDING BY THE NEAREST EXIT.

CLOSE DOORS/ WINDOWS ONLY IF SAFE TO DO SO

GO TO THE FIRE ASSEMBLY POINT AWAIT THE FIRE SERVICE

FIRE EQUIPMENT

EMERGENCY EXITETC

Portable device used to put out fires of limited size. Such fires are grouped into four classes, according to the type of material that is burning.

Class A fires include those in which ordinary combustibles such as wood, cloth, and paper are burning.

Class B fires are those in which flammable liquids, oils, and grease are burning.

Class C fires are those involving live electrical equipment.

Class D fires involve combustible metals such as magnesium, potassium, and sodium. Each class of fire requires its own type of fire extinguisher.

Some extinguishers will put out only one class of fire; others are used for two or even three classes; none is suitable for all four classes.

Fire extinguishers may go unused for many years, but they must be maintained in a state of readiness. For this reason, periodic inspection and servicing are required, and that responsibility rests with the owner. Local Authority Fire department inspectors check at periodic intervals to see that extinguishers are present where required by law and that they have been serviced within the specified time period.

Class A fire extinguishers are usually water based. Water provides a heat-absorbing (cooling) effect on the burning material to extinguish the fire. Stored-pressure extinguishers use air under pressure to expel water.

Class B fires are put out by excluding air, by slowing down the release of flammable vapours, or by interrupting the chain

reaction of the combustion. Three types of extinguishing agents — carbon dioxide gas, dry chemical (powder)dry chemical (powder), and foam foam

are used for fires involving flammable liquids, liquefiable solids, greases, and

oils.

Carbon dioxide is a compressed gas agent that prevents combustion by displacing the oxygen in the air surrounding the fire. (CAUTION, DO NOT TOUCH THE HORN OR (CAUTION, DO NOT TOUCH THE HORN OR BASE OF THE EXTINGUISHER DURING BASE OF THE EXTINGUISHER DURING DISCHARGE AS THEY BECOME EXTREMELY DISCHARGE AS THEY BECOME EXTREMELY COLD)COLD)

The two types of dry chemical extinguishers include one that contains ordinary sodium or potassium bicarbonate, urea potassium bicarbonate, and potassium chloride base agents;

The multi-purpose, dry chemical type The multi-purpose, dry chemical type extinguishers contains an ammonium phosphate extinguishers contains an ammonium phosphate based powder. The multi-purpose extinguisher based powder. The multi-purpose extinguisher can be used on class A, B, and C fires. can be used on class A, B, and C fires.

Most dry chemical extinguishers use Most dry chemical extinguishers use stored pressure to discharge the agent, stored pressure to discharge the agent, and the fire is extinguished mainly by the and the fire is extinguished mainly by the interruption of the combustion chain interruption of the combustion chain reaction. reaction.

Foam extinguishers use an aqueous film Foam extinguishers use an aqueous film forming foam (AFFF) agent that expels a forming foam (AFFF) agent that expels a layer of foam when it is discharged layer of foam when it is discharged through a nozzle. It acts as a barrier to through a nozzle. It acts as a barrier to exclude oxygen from the fireexclude oxygen from the fire

The extinguishing agent in a class C fire extinguisher must be electrically non-conductive. Both carbon dioxide and dry chemicals can be used in electrical fires. An advantage of carbon dioxide is that it leaves no residue after the fire is extinguished. When electrical equipment is not energized, extinguishers for class A or B fires may be used.

A heat-absorbing extinguishing medium is needed for fires in combustible metals. Also, the extinguishing medium must not react with the burning metal. The extinguishing agents, known as dry powders, cover the burning metal and provide a smothering blanket.

The extinguisher label gives operating instructions and identifies the class, or classes, of fire on which the extinguisher may be used safely.

USING THE WRONG EXTINGUISHER CAN BE USING THE WRONG EXTINGUISHER CAN BE DANGEROUSDANGEROUS

New extinguishers

WATER

FOAMA FF

POWDER

CO2

WATER FOAM AFFF

POWDER CO2