d part 6 short course by j mc cann
DESCRIPTION
Health and SafetyTRANSCRIPT
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,
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
EXIT
ETC
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), and 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 BASE OF THE EXTINGUISHER DURING DISCHARGE AS THEY BECOME EXTREMELY 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 extinguishers contains an ammonium phosphate based powder. The multi-purpose extinguisher can be used on class A, B, and C fires.
Most dry chemical extinguishers use stored pressure to discharge the agent, and the fire is extinguished mainly by the interruption of the combustion chain reaction.
Foam extinguishers use an aqueous film forming foam (AFFF) agent that expels a layer of foam when it is discharged through a nozzle. It acts as a barrier to exclude 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 DANGEROUS
New extinguishers
WATER
FOAM
A FF
POWDER
CO2
WATERFOAM
AFFFPOWDER CO2