Crane - selection

Points to consider

* Frequency of lift
* Weight of load vs crane capacity
* Dimensions of load vs crane jib length
* Verticle height
* Horizontal distance to move
* Requirement to travel with load
* Acess/egress for crane
* Engine vs hazardous area


For a mobile crane
* Consider ground condition vs crane tyres/tracks

Cranes - types

Include
* Mobile (i.e. self-propelled vehicle)
* Tower (temporarily built on site)
* Overhead gantry (suspends load below - e.g. lifting and moving containers)
* Fixed jib (may see unloading ships at docks or on oil platform)

Lifting - maintaining control

Can the driver/operator see the load? If not, may need a banksman - and will need to communicate with them using visible hand signals or possible radio (but this needs careful consideration as cannot be 100% reliable)

Lifting equipment and components (e.g. slings) must be inspected before the lift

Lifting and lowering must be carried out at suitable (slow) speed

May need to use tag lines to keep the load under control and/or to manoeuvre it

Lifting - competent people

Competent people need to
* Plan lifting
* Supervise lifting
* Drive/operate lifting equipment
* Attach loads (e.g. slings)

They will be competent because of their theoretical knowledge and practical experience

Lifting - regulations (LOLER)

The lifing operations and lifting equipment regulations 1998. link

Covers
* Ensuring lifting equipment is up to the job and visibility marked to demonstrate its suitability
* Lifting equipment is positioned to minimise risk
* Lifting operations are planned, supervised and carried out in a safe manner by
people who are competent;
* Equipment used for lifting people is safe for the purpose
* Condition of equipment is checked before use and at suitable intervals

There is an ACOP

Also guidance

Lifting - doing it safely

The first thing to consider is the load itself
* Weight
* Centre of gravity
* Size (with regard to how it will be secured)
* Suitability of any lifting attachments (eyebolts)
* Size (with regard to it being liable to blow around in the wind)

Then select appropriate lifting equipment
* Lifting capacity
* Sufficient reach
* Requirement to travel with load
* Maneuverability
* Visibility
* Suitable for flammable hazardous area
* Ventilation of fumes

Then select attachment method
* Strength of slings or chains
* How to attach to load
* Resistance to damage by load (e.g. sharp edges)

Then select lifting method

Then select personnel
* Competent driver/operator
* Need for banksman and their competence

Then carry out the work in a safe manner
* Method statement
* Avoid adjacent hazards
* Weather
* Communication
* Area under suspended load (people and plant)
* Keep people away from area

Lifting equipment - hazards

There are a number of way people can be harmed by dropped loads

* Failure of slings, chains, rope
* Failure of securing point on load
* Failure of lifting equipment
* Crane or other equipment toppling
* Swinging load
* People being in the wrong place (i.e. no failure of equipment)

During lifting there is the possibility of the load or lifting lines colliding with or being snagged on other equipment, including power cables.

Lifting and lowering equipment

Objects can be lifted or lowered using a number of different types of equipment. They include:
* Block and tackle
* Crane
* Hoist
* Scissor lift
* Dumb waiter
* Personnel lift (i.e. connecting floors in building)

In using this equipment the following may be involved
* Lifting eyebolts
* Chains
* Rope
* Slings
* Hooks
* Shackles

Lift trucks - day to day

It is good practice for users of lift trucks (as with all vehicles) to carry out regular checks of the condition of their vehicle. For lift trucks the checks should include
* tyre - pressure, tread, damage
* Lights,
* Horn,
* Engine condition including leaks of oil, fuel, hydraulic
* Seat secure
* Lifting mechanism - no damage
* LPG tank in good condition, no damage and secure
* Bodywork not damaged

The vehicle should be driven in accordance with rules. When not in use
* Brakes on
* Park in designated area (if there is one)
* Make sure it is not causing an obstruction for other vehicles and pedestrians
* Make sure it is not blocking fire escapes
* Forks on ground
* Mast slightly forward
* Neutral gear
* All controls in neutral position (so mechanism does not move when switched on)
* Unauthorised use prevented - may involve removing ignition keys, but in some circumstances it may be safe to leave keys in so can be moved in an emergency

Lift trucks - driver competence

Although essentially just another type of vehicle, their relative commonness and the number of accidents means there is an ACOP and HSE guidance HSG6 relating to lift trucks. These cover, driver competence in some detail. From these it is clear that

* There are a number of approved training providers for drivers.
* It is requirement for drivers to be authorised for the specific types of lift truck they are to use
* Organisations are required to ensure their drivers continuously maintain necessary standards
* Refresher training is one way of maintaining standards
* Good supervision is essential

Lift trucks - hazards

The hazards associated with lift trucks are largely the same as for other vehicles. However, they do have particular vulnerabilities including:

* Loads may not be properly secure
* They are unstable when loads are elevated
* Loads can be dropped
* They can tip over side-ways when cornering at speed
* They can tip forwards if overloaded
* Potential to hit overhead structures, cables etc with mast elevated
* Hazards associated with charging batteries (battery powered trucks)
* Moving mechanisms that can trap
* General issues with engines include hot surfaces

Lift trucks - types and uses

Lift trucks come in many shapes and sizes. They usually have 'fork lifts' but other types of lifting attachment can be used including clamp, crane jib, hopper etc.

Types of truck include
* Front loading with counterweight at rear
* Forward reaching
* Telescopic boom
* Side loader with deck
* Lift truck with no driver - operator walks behind

Smaller vehicles may have solid tyres, and are only suitable for flat and smooth surfaces. Larger trucks have pneumatic tyres and can be used on different terrain.

Truck engines can be battery, LPG, petrol or diesel

Lift trucks can, in certain circumstances be used to provide an elevates work platform. This is not a normal activity and requires special controls.

Reference HSG6

Vehicles - loading & unloading

Loading and unloading of vehicles potentially introduces extra hazards/risk. Issues to consider include:
* People falling off of vehicle
* Vehicles being over loaded
* Vehicles overturning if loaded on soft or unstable ground
* Keeping people away from the area whilst being loaded/unloaded
* Loss of containment of material being loaded/unloaded (especially toxic or flammable liquids and gases)

Vehicles on site - controls

The first question to ask is whether vehicles can be restricted from some or all of the site. Following that the tings to consider include

Site layout
* Arranging site so reversing and other manoeuvres are not required
* One way systems
* Segregating vehicles and pedestrians (physically where possible, and with lines and signs in other cases)
* Barriers to prevent access should be locked open and closed so they do not cause a hazard of swinging into the path of vehicles or pedestrians

Vehicle design
* Visibility
* Mirrors
* On-board CCTV
* Suitability for job
* Suitability for (flammable) hazardous areas

Driver
* Training for driving the vehicle
* General defensive training (e.g. no harm braking)
* Training in site rules
* Health and fitness (including sight, hearing)
* Rest breaks

Pedestrians
* Pedestrians to wear hi-vis clothing
* Training pedestrians (e.g. covering vehicle hazards in induction)

Maintenance
* Road surfaces
* Setting minimum standards for vehicle maintenance, including tyres
* Signs
* Lighting
* Ignition controls (e.g. spark arrestors)

Environment
* Light
* Noise (affecting drivers and pedestrians)
* Weather

Policy and procedures
* Setting speed limits and enforcing them
* Restricting movements of large vehicles, including use of escorts/banks men
* Dealing with adverse weather (e.g. snow and ice)
* Drugs and alcohol
* Access of vehicles to hazardous areas (permit to work)

Vehicles on site - risk factors

There are certain aspects that affect the risk associated with vehicle movements on a site. They include the following

* Type of vehicle (especially size including weight, height and width)
* Use of vehicles
* Maneuvering (especially reversing)
* Speed
* Road layout (including one or two way traffic)
* Road surface
* Gradient
* Lighting
* Vehicle maintenance

Vehicles on site - hazards

Vehicles can cause harm by

* Colliding with people
* Colliding with structures and equipment
* Overturning
* Emitting fumes
* Creating noise
* Ignition source

People likely to be affected include

* Occupants (drivers and passengers)
* People in vicinity, involved in task using the vehicle
* People in the vicinity not involved in the task (i.e. walking by)

Movement of people at premises

People walking around a site or building can come to harm in a number of ways. They include

* Slips and trips (i.e. falling at same level)
* Falling from height or into holes
* Walking into objects
* Being hit by moving objects including vehicles
* Being exposed to hazards in the areas they walk through (i.e. do not need to work in the area). Can include hazardous substances, radiation, noise.

Most of these hazards are covered by the controls put in place for the activity creating the hazard (e.g. vehicle movements, excavation, hazardous substances). But it is worth bearing in mind that there are factors that make incident more likely. They include:

* Weather
* Quality of walkways, stairs
* Signs
* Persons knowledge of the premises

Areas where people are generally safe should be identified. There should be means of stopping people entering other areas without suitable precautions.

Supervision

Supervision does not seem to be a very 'trendy' subject at the moment, with far more interest being shown in self-managed teams and the like. However, supervision is an important management function when it comes to managing safety, and however teams are organised it needs to be carried out.

Supervision has a key role in:

* Ensuring people know and stick to safety rules;
* Ensuring people are competent to do their job and know their limitation;
* Ensuring teams have an appropriate competence mix (including when normal members are absent);
* Proving leadership in emergencies;
* Investigating incidents;
* Facilitating communication within and outside the team, including between team members and management.

Supervision is not an easy job, and many people are not suited to it. A good supervisor will know his/her team very well, including their capabilities and limits. He/she will allow them a certain degree of free reign, but know when intervention is required.

Visitors

Visitors to a premises are usually intending to stay for a short time, and so it is not normally practical to induct them fully. However, they can still be at risk and this needs to be controlled.

The first thing to consider is safe access to the premises. It should be clear where visitors are supposed to go, how they can get there and what they do when they arrive. If reception facilities cannot be arranged at the entrance, a safe route should be marked out with signs at the entrance informing visitors that they must stick to this route.

Usually the safest thing to do is to have the visitor accompanied by someone who knows the risks, rules and procedures (e.g. employee or fully inducted contractor). In a low hazard environment (e.g. office) this may not be necessary. In this case some simple instructions should be issued about where they can and cannot go, how to contact someone if they need to and what to do if the emergency alarms sound.

Induction training

People new to a job or work location are particularly vulnerable to having accidents. This is because they may not know what hazards are present or the systems in place to control risks. Induction training can be a useful way of getting key messages over and making sure people start out with the right knowledge and attitude.

Induction training should cover the following:

* Health and safety policy;
* The main hazards present;
* Risks and control measures;
* Safety rules;
* Use of PPE;
* Supervision arrangements;
* Emergency procedures;
* First aid arrangements;
* Welfare facilities;
* Reporting incidents.

A tour of relevant parts of the premises, pointing out hazards, safe routes, emergency call points and muster locations can be particularly useful.

Reference

Safety signs

There is a convention for the colours of safety signs. It is

RED - Prohibition, danger or alarm

YELLOW or AMBER - Warnings

BLUE - Mandatory

GREEN - Emergency information, escape

Whilst signs are important, their effect is limited, and after someone has seen the same sign a few times they are unlikely to notice it. Also, too many signs can be confusing and dilute the message.

Personal protective equipment (PPE)

PPE is equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety.’ It includes safety helmets, gloves, eye protection, high-visibility clothing, safety footwear, safety harnesses, hearing protection and respiratory protective equipment.

PPE is at the bottom of the hierarchy of risk control measures. This is because it does not stop someone being exposed to a hazard, just reduces the likelihood of harm. Therefore all other risk control measures must be considered first to reduce exposure to hazards, with PPE being considered as additional protection, or against accidental exposure.

The correct type of PPE needs to be selected according to the hazard, task and characteristics of the person. The following issues need to be considered.

Eyes
Hazards: chemical or metal splash, dust, projectiles, gas and vapour, radiation.
Options: safety spectacles, goggles, faceshields, visors.
Consider: likelihood of exposure and consequences of contact with eyes and face. Force of impact. People wearing 'normal' glasses. Affecting vision and steaming up.

Head
Hazards: impact from falling or flying objects, risk of head bumping, hair
entanglement.
Options: a range of helmets and bump caps.
Consider: potential of item falling off, restriction of movement and vision.

Breathing
Hazards: dust, vapour, gas, oxygen-deficient atmospheres.
Options: disposable filtering facepiece or respirator, half- or full-face respirators, air-fed helmets, breathing apparatus.
Consider: size of particles, concentration vs. time filter will remain effective, people with beards, potential for air breathed in to bypass the filter (e.g. sucked in around the edge)

Protecting the body
Hazards: temperature extremes, adverse weather, chemical or metal splash, spray from pressure leaks or spray guns, impact or penetration, contaminated dust, excessive wear or entanglement of own clothing.
Options: conventional or disposable overalls, boiler suits, specialist protective clothing, eg chain-mail aprons, high-visibility clothing.
Consider: restriction of movement, flammability of material, cleaning.

Hands and arms
Hazards: abrasion, temperature extremes, cuts and punctures, impact, chemicals, electric shock, skin infection, disease or contamination.
Options: gloves, gauntlets, mitts, wristcuffs, armlets.
Consider: do arms need protection, restriction of movement, resistance to abrasion and cuts, resistance to substances.

Feet and legs
Hazards: wet, electrostatic build-up, slipping, cuts and punctures, falling objects,
metal and chemical splash, abrasion.
Options: safety boots and shoes with protective toe caps and penetration-resistant
mid-sole, gaiters, leggings, spats.
Consider: need for ankle support.

Hearing
Hazards: noise
Options: ear defenders, ear plugs
Consider: noise levels, duration to be worn, impact on communication, contamination of ear plugs.

Personal Protective Equipment at Work Regulations 1992 (as amended) apply to all PPE except hearing protection and respiratory protective equipment which are covered by other legislation. They require:

* Proper assessment before use
* Provided free of charge
* Maintained and stored properly
* People given instructions on how to use it safely; and
* Used correctly by employees.

Reference

Permit to work

Permit to work systems are fairly common, especially in hazardous industries. They are a formal safe written systems used to control certain types of work. They perform a number of key functions:

* Ensure work does not start until necessary preparations have been completed
* Communicating information about hazards and controls to the work party
* Define what can and cannot be done whilst performing the task
* Making sure people normally in charge of the plant, equipment and/or area know what work is being carried out
* Providing a means by which the interaction between different work ongoing can be evaluated to identify any potential conflicts
* Recording the location of work so that it is known where people are if there is an emergency
* Providing a formal handback when work is suspended or completed, so there is no ambiguity about who is in control of the plant, equipment or area

Permit-to-work systems are normally considered most appropriate for non-production work, especially maintenance and possibly construction. This covers a vast array of work, and in some cases different types of permit are used. The types of work typically covered by a permit to work system include

* Hot work
* Confined space entry
* Electrical work
* Use of radioactive material
* Use of explosives
* Excavations
* Pressure testing
* Opening up systems that has the potential to release hazardous substances

Training

Having competent people is a key element of any safe system of work. Training is one factor in the process of someone becoming competent. However, training on its own does not make someone competent as that usually requires experience, other forms of education and the right attitude.

Training comes in many different forms including people attending training courses and learning ‘on the job.’ Unfortunately a lot of training is ineffective because the objectives (i.e. what is needed to do the job safely) are not clearly defined and because the retention of training is not tested afterwards. Therefore, it is important that competency requirements are fully understood, training needs are evaluated (i.e. identifying which of the competency requirements an individual does not have), selecting the correct method of training and assessing competence.

Emergency procedures

It is vital that organisations make arrangements to deal with foreseeable emergencies and that everyone knows what to do if an emergency occurs. Procedures are an important part of these arrangements. The types of event that should be covered include fire, explosion, toxic release, someone being injured, bomb threat and security incidents.

Emergency procedures should cover:

* Raising the alarm if someone discovers and emergency situation;
* Initiating emergency response;
* Evacuation;
* Calling emergency services;
* Dealing with casualties;
* All clear.

Emergency procedures need to be particularly clear and concise; and readily available. People should be trained in them so they know what to do immediately.

Procedures

A true definition of the word procedure is a method of performing a task. However, in a work setting, especially where health and safety is concerned, when we refer to procedures we usually consider them to be written down and available in hard copy or possibly on a computer screen.

Unfortunately reading and following procedures is not something people usually like doing. This is especially the case for experienced people who may have performed a task many times before. Although there are some things that can be done to enforce the use of procedures, the reality is that they are often not very effective. Instead we need to think carefully about the role of procedures and make sure they are fit for purpose. In particular:

* Making them easy to find when needed;
* Presenting them clearly and concisely;
* Making sure they are legible and easy to read;
* Using diagrams, pictures, flowcharts and checklists where appropriate;
* Making sure they are accurate and up to date;
* Using them during training.

The most critical factor is that a procedure describes how a practical and realistic method for performing a task, that is also safe. There are too many 'safe' procedures that can either not be followed, or are too longer winded to get the job done. Involving end users in the development of procedures is a very good way of making sure procedures are useful and used.

There is a balance to strike in the number of procedures. Having too many will make it more difficult to find the one needed and tends to discredit the whole system. Procedures should only be provided where there is a risk and where the procedure is able to make a positive contribution. Also, there are many cultural factors in the way procedures are used (or not) and it needs to be the case that the use of procedures for critical tasks is seen as normal and expected by everyone.

Reference

Safe systems of work

Although lower than hazard elimination and physical barriers in the hierarchy of risk control, the way tasks are performed is an important part of managing risks. Often there will be many different ways of doing the same activity, but some will be safer than others. This is why it is important to define safe systems of work.

A safe system of work is a method of working designed to eliminate, if possible, or otherwise reduce risks to health and safety. It should consider:
* The physical lay-out of the job;
* The sequence in which the work is to be carried out;
* The provision of warnings;
* The provision of instructions, procedures and notices;
* Competence requirements;
* Tools, equipment and other resource requirements;
* Role of supervision.

Safe systems of work should consider the need to change methods during an activity (i.e. in response to related and unrelated events) and constraints of work (i.e. when the activity should stop). A clear definition of what success will look like will help everyone understand what is required.

Controlling risks

A risk assessment is of no value if the results are not acted upon. The overarching objective has to be to reduce risk.

The first question to ask must always be 'can the hazard be removed?' If the answer is no, there is a hierarchy of control measures to consider. In this case always start at the top, as these are the most effective controls. The options are

* Trying a less risky option (changing process, materials, quantities)
* Installing physical barriers that prevent access to the hazards
* Implementing procedural controls and rules to keep people away from the hazard

On top of these the following should also be considered as additional measures

* PPE
* Providing information
* Emergency arrangements including welfare, first aid, fire fighting

Risk assessment - need to review

The circumstances when risk assessments need to be reviewed include:

* Change to the way tasks are performed
* Change of equipment
* Change of materials including type and quantity
* New information being made available
* Change to legislation and guidance
* Different people being involved or likely to be harmed (e.g. vulnerable people)
* As a response to an accident or near miss
* Following an audit or review
* When the process does not function as expected
* At regular intervals (e.g. annually)

Risk assessment - suitable and sufficient

The requirement is to develop risk assessments that are suitable and sufficient. To satisfy this it would be necessary to demonstrate that

* That all significant hazards have been identified
* That the risks have been properly evaluating considering likelihood and severity of harm
* Measures necessary to achieve acceptable levels of risk have been identified
* Actions have been prioritised to reduce risks
* The assessment is self will be valid for some time
* Actual conditions and events likely to occur have been considered during the assessment
* Everyone who may be harmed has been considered

Risk assessment - who may be harmed

Main groups include
* Employees
* Contractors
* Visitors
* Members of the public (on premises)
* Neighbours

Special attention is required for
* Young workers
* Children
* People with disabilities and special needs
* New and expectant mothers
* Trainees

Risk assessment - terminology

The two main terms used are hazard and risk

* A hazard is anything that may cause harm, such as chemicals, electricity, working from ladders, an open drawer etc;
* The risk is the chance that somebody could be harmed by these and other hazards, together with an indication of how serious the harm could be.

Reference

Risk assessment - five steps

The HSE suggest there are five steps to risk assessment.

* Step 1: Identify the hazards
* Step 2: Decide who might be harmed and how
* Step 3: Evaluate the risks and decide on precaution
* Step 4: Record your findings and implement them
* Step 5: Review your assessment and update if necessary

Reference

In practical terms a risk assessment is usually carried out as follows.

* Task or process is defined
* Hazards are identified
* People who may be harmed are identified
* Risks are evaluated by considering likelihood and severity of potential harm
* Existing measures and controls are identified
* Additional measures or controls required to comply with law, guidance and good practice are identified
* An action list is developed to implement the additional measures
* Individuals are assigned responsibility for each action
* Target completion dates are set for each action
* Confirmation is made and recorded that action are complete
* A date to review the risk assessment is set

Risk assessment

A risk assessment is simply a careful examination of what, in work, could cause harm to people, so that it is possible to weigh up whether enough precautions have been taken or more should be done to prevent harm. It is an important step in protecting workers and businesses, as well as complying with the law.
Reference

The HSAW act 1974 place a general duty to ensure health, safety and welfare at work of all employees so far as is reasonably practicable.

There is a legal duty under MHSW regulations 1999 to carry out risk assessment. If an organisation employs 5 or more, it is necessary to record all significant findings.

How to 'break' a culture

It takes a long time to develop a good culture (5 to 10 years) but it can be lost very easily. Erosison will occur more quickly than grow, and single events can have a significant impact.

Examples of where it can go wrong include:

* Managers 'forgetting' to talk about safety
* Managers appearing to pay 'lip service' to safety
* Disciplinary action being taken that is perceived as unfair
* Failure to respond to issues raised by workforce
* Failure to consult workforce when decisions are made
* Poor business results leading people to believe their job is in danger

Events that can make it difficult to maintain a culture include
* High staff turnover
* Initiative overload
* Inconsistent decision making process

Creating a positive culture

The following can all contribute to the development of a positive safety culture:

* Visible management commitment at all levels in the organisation
* Good knowledge and understanding of H&S throughout the organisation
* Clear definition of the culture that is aimed for,
* Lack of competing priorities with H&S (e.g. production, quality, etc);
* A realistic idea of what is achievable whilst being challenging
* Visible evidence that investment is made into safety (quality of the working environment, equipment provided etc.)
* Being proactive so opportunities for improvement are dealt with before problems arise;
* Good communication up, down and across the organisation
* A fair and just discipline system
* Meaningful involvement of the workforce in all elements H&S

Health and safety culture

According to HSG65

"The safety culture of an organisation is the product of individual and group values, attitudes, perceptions, competencies and patterns of behaviour that determine the commitment to, and the style and proficiency of, an organisation's health and safety management.

Also (quoting from ACSNI 3rd report)

"Organisations with a positive safety culture are characterised by communications founded on mutual trust, by shared perceptions of the importance of safety and by confidence in the efficacy of preventative measures."

The reality is that the culture of an organisation is the largest influence on how it deals with health and safety (and all other business issues).

POPIMAR

Acronym describes the key elements of successful H&S management (described in HSG65).

It stands for

Policy - set a clear direction for the organisation to follow.
Organising - structure and arrangements in place to deliver the policy
Planning and implementation - establish, operate and maintain good systems
Measuring performance - against agreed standard to reveal where improvement is needed
Audit - planned assessment of arrangements
Review - taking account of all relevant experience and applying lessons.

HSG65

Consulting on H&S

Employers must, by law consultant with employees on health and safety matters. Consultation is not just giving information, but also listening to and taking account of what employees say before making decisions. They must allow enough time and provide means by which comments can be made.

Topics to consult on include
* Any change which may substantially affect H&S at work, (e.g. procedures, equipment or ways of working);
* Arrangements for getting competent people to help satisfy H&S laws;
* Information that employees must be given on the likely risks and dangers arising from their work, measures to reduce or get rid of these risks and what they should do if they have to deal with a risk or danger;
* The planning of health and safety training; and
* The health and safety consequences of introducing new technology.

The Safety Representatives and Safety Committees Regulations (SRSCR) 1977 concerns employers that recognise trade unions. If safety representatives have been appointed then the employer must consult them on matters affecting the group or groups of
employees they represent (which may include non-members of the union).

The Health and Safety (Consultation with Employees) Regulations (HSCER) 1996 covers employees not represented by trade union safety representatives. In this case employers must consult them either directly or through elected representatives.

A H&S committee can be an effective method of consultation and has the benefit of demonstrating commitment and providing a forum where consultation can take place whilst notes and records are made. For a committee to be effective it is important that:
* To have management commitment;
* Provide terms of reference for the committee;
* Set an agenda
* Take minutes of the meetings ;
* Balance management and employee representatives;
* Have a good chairmanship;
* Have frequent meetings;
* Ensure topics for discussion are appropriate
* Provide access to health and safety expertise
* Provide some power for decision making.

Role of H&S advisers

Role is to advise management and employees or their representatives. Their advice needs to be authoritative and independent. To be effective they need to have status and competence.

Advisers need to
* Be well trained
* Stay up to date with laws and practices
* Interpret laws to apply to their organisation
* Be involved in developments and decision making
* Establish and maintain procedures
* Present advise well

H&S advisers are likely to be involved in liaising with outside bodies.

Organising - problems and challenges

It is sometimes easier to understand the issues by looking at why health and safety interventions are not so easy. In this case problems can include:

* Lack of senior management commitment;
* Production or other pressures taking priority over health and safety;
* Insufficient resources allocated;
* Poor safety culture in general.
* Poor working conditions (inducing cynicism)
* Poor industrial relations
* Lack of confidence in management's ability
* Failure to involve all (e.g. shift workers)
* Unavailability of key support staff

Organising - competence

Competence is the ability of an individual or group to fulfill a role properly and safely. It takes much more than training for someone to become competent, with experience having a significant influence.

An organisation can achieve competence through
* Defining competence requirements
* Recruiting people
* Selecting people for appropriate placement
* Identifying training needs
* Providing training
* Assessment
* Providing refresher training
* Having arrangements to cover absence

When looking at competence, the following can provide useful evidence.
* Previous experience with the type of work;
* Reputation with previous or current clients;
* Quality and content safety policy and risk assessments;
* Level of training and qualifications
* Accident history
* Enforcement history;
* Membership of approval or certification bodies;
* Equipment maintenance and statutory examination records;
* Detailed proposals (eg method statements) for the work to be carried out.

Organising - communication

Communication is much more than broadcasting messages. Successful communication means that messages are understood the same way by the receiver as was meant by the sender.

Effective communication relies on information:

* coming into the organisation
* flowing within the organisation
* going out from the organisation

The effectiveness of communication will depend on how a message is formed and presented. Written information can be part of the communication process (e.g. policy, procedures) and its readability, legibility and availability will influence its effectiveness. Options for written communication include:

* notice boards
* Newsletters
* Posters
* Competitions
* Notes in wage slips


More direct communication will usually be necessary. This can be through:

* Training, including induction and tool box talks
* Team briefings,
* Formal and informal meetings.
* Appraisal sessions

A lot of communication takes place during one-to-one chats (i.e. supervisor talking to team members, and peer to peer) and it is quite common for these to have a greater influence (even if wrong) than messages from the boss (which are correct but not presented appropriately)

Organising - co-operation

Getting co-operation is achieved by allowing and encouraging everyone to participate in safety. This generates ownership and understanding. Also, it ensures knowledge and experience is built into solutions.

Participation can be achieved through safety representatives and committees. However, everyone can be involved to some degree by inputting into and getting involved in decision making and problem solving.

Organising - control

Control is about getting everyone to work together to achieve good health and safety. It starts at the top of an organisation, by nominating someone to have overall accountability. Responsibilities are then allocated to line managers. Specialists are appointed to advise the line.

Safety only happens when people accept it as part of the job. Commitment is achieved by setting objectives and performance standards at all levels, and evaluating performance of individuals and groups.

To achieve control
* Responsibilities must be clearly laid out
* Responsibilities must be understood
* People with responsibilities must have necessary time and resources
* People must be held accountable - rewarded for good and penalised for bad performance

Organising for health and safety

When it comes to organising for health and safety it is important to defines roles and responsibilities, from the MD to the shopfloor. This will include the role of the competent person and advisers.

Includes relationships within and outside the organisation. In this context it may be necessary to make arrangements with unions, HSE, police, fire service, insurance companies, and all organisations in the supply chain (i.e. suppliers and customers).
Reference

Organising for H&S is often described as the '4 Cs'
1. Control
2. Co-operation
3. Communication
4. Competence

A fifth can be added = co-ordination

Organising for H&S should aim to ensure that employees are empowered and competent to make an effective contribution to H&S, and that there are adequate communication systems in place. There should be effective consultation on H&S. The aim is to motivate employees to work safely & to protect their health, rather than to just avoid accidents.
Reference

H&S Policy - updating

It is vital to keep the policy up to date, otherwise it will loose its relevance and can even become counter productive. Circumstances in which it should be reviewed include:

* Significant changes in the organisation;
* Introduction of new or changed processes or work methods;
* Changes in key personnel;
* Changes in legislation;
* Where risk assessments, monitoring exercises or investigations show that the policy is no longer effective or relevant;
* Results from audits
* Comments from staff
* Following enforcement action
* On a regular basis (i.e. annually)

H&S Policy - communicating

It is vital that the policy is communicated, otherwise it will be paper only exercise and make no difference. Options for communication include:

* Giving employees their own personal copy of the policy or a summary of it;
* Displaying the policy on noticeboards;
* Explaining the content of the policy at team briefings or tool-box talks
* Explaining it during induction or refresher training courses;
* Referring to the policy in internal newsletters, booklets, emails and intranet communications;
* Making the policy an agenda item at meetings of the health and safety committee.

H&S Policy - main sections

There are three main sections to a H&S policy:

1. ‘statement of intent’ - demonstrates management’s commitment to health and safety and sets goals andand objectives for the organisation

2. ‘organisation’ - allocates health and safety responsibilities and reporting lines within the company,

3. ‘arrangements’ - sets out in detail the systems and procedures to show how the policy is to be implemented in practice.

H&S Policy - when do you need one?

Under the Health and Safety at work etc Act 1974 - section 2

An employer has a duty to prepare a written statement of his general policy with respect to health and safety together with the organisation and arrangements for carrying out the policy.

Exception in cases where fewer than five people are employed at any one time for a single undertaking (i.e. if there are 5 employees a policy will be required). In most cases it will be obvious whether this exception applies. However, there is some case law (Osborne vs Taylor of Huyton) that defined a number of scenarios:

1. If you run a business that requires 3 people. You may have 3 people for part of the week and a different 3 for the second part of the week. Even though there are 6 people employed by the business they are never present at any one time, and so there is no legal requirement to prepare a policy.

2. If you have two business locations, each employing 3 people, the two locations are considered to be part of the same undertaking and so there will be 6 people people employed and there is a legal requirement to prepare a policy.

Defending against a claim

There may be two sides to a defence. The first would be relating to the circumstances of an incident that resulted in harm. In this case it may be possible to refer to:

* A record in the accident book record,
* Records on reporting forms (including RIDDOR if applicable)
* Accident investigation report,
* Statements made by witnesses or supervisors

The second side would be to demonstrate that the employer had done everything reasonable to prevent the accident through compliance with statutory and common law duties. Relevant documents might include:
* The organisation's health and safety policy;
* Risk assessments
* Written safe systems of work relating to the activity;
* Training records;
* Statutory examination records (as required by LOLER);
* Maintenance records (PUWER and LOLER);
* Inspection reports
* Health and safety committee minutes;
* Documents relating to previous accidents and corrective actions taken.

Information relating to the claimant (eg involvement in previous accidents, disciplinary records, etc) could also be relevant.

Tort

Derived from the Latin word tortious which means wrong.

Tort is a body of the law which permits an injured person to recover compensation from the injuring party. When one person injures another, either intentionally or by negligence, a court may award money damages to the injured party so that they will suffer the pain caused by their action.

Tortious interference. The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

Reference

'volenti non fit injuria'

Means "to a willing person, no injury is done."

A person who knowingly and willingly puts himself in danger cannot sue for any resulting injuries.

Reference

Vicarious liability

Vicarious means to take place of another as a substitute

An employer may have vicarious liability when it is being held liable for an action of an employee. Two conditions are required for this to be the case:

1. The employee was acting within the course of his employment and,
2. while doing so, negligently caused damage or injury to a third party.

Inspectors' powers

H&S inspectors can

* Enter premises at any reasonable time or when it is suspected that there is a dangerous situation (may get assistance from police to make entry);
* Order that premises or equipment be left undisturbed for the purpose of an investigation;
* Undertake any necessary examinations or inspections;
* Take measurements and photographs;
* Seize articles and substances (and render harmless if imminent danger),
* Take samples
* Inspect or take copies of documents;
* Require persons to answer questions and to sign declarations of the truth of their answers;
* Take enforcement action.

The powers include: the right to enter premises, if necessary by enlisting the assistance of a police officer; to carry out examinations and investigations; to direct that premises or equipment be left undisturbed for the purpose of investigations; to take measurements and photographs; to inspect and/or take copies of documents and records; to take samples; to require a person to answer questions and sign a declaration to the truth of his/her answers; to take possession of articles and substances (and to seize and render them harmless in situations of imminent danger); to issue enforcement notices; and (except in Scotland) to instigate and conduct proceedings in a magistrates' court.

Enforcement action

There are a number of options open to enforcing authorities for failure to implement safe systems of work and/or break of regulation.

They can:
* Provide verbal advice
* Issue formal written confirmation of advice or warning
* Issue an improvement notice (with specified timescale)
* Issue a prohibition notice
* Prosecute in Magistrates Court for a breach of H&S legislation
* Prosecute in Crown Court

To serve an improvement notice, an inspector must be of the opinion that there is a breach of relevant statutory provisions, or that there has been a breach that is likely to be continued or repeated. (e.g. a floor that has been poorly maintained in contravention of the requirements of the WHSWR 1992).

For a prohibition notice to be served, an inspector must be of the opinion that there is, or is likely to be, a risk of serious personal injury. (e.g. a scaffold that has been poorly constructed and is therefore in an unsafe condition).

The effect of an appeal against an improvement notice is to suspend the notice until the appeal is heard, whereas a prohibition notice continues in force during this time.

Breaches of HSWA 1974 can lead to
* Magistrates Court - maximum £20k
* Crown Court - unlimited fine

There is no general custodial sentence applicable under the Act. Custodial sentences only apply in limited circumstances including:

* Failure to comply with notices.
* Failure to comply with Licensing conditions
* Failure to comply with the lawful orders of the courts.

In these cases the Magistrates court can impose up to 6 months in prison and Crown Court up to 2 years.

Refereence

Six pack regulations

Introduced in 1992, implementing EU H&S directives, and intended to provide a level playing field across Europe. In UK they were already effectively in place under the HSW etc Act 1974.

The six pack are
1. Management of Health and Safety at Work Reg 1999 (MHSWR)
2. Workplace (health, safety and welfare) regulations 1992 (WHSWR)
3. Health and Safety (display screen equipment) regulations 1992 (DSE regs)
4. Personal protective equipment at work regulations 1992 (PPE regs)
5. Manual handling operations regulations 1992 (MHOR)
6. Provision and use of work equipment regulations 1998 (PUWER)

Employers liability compulsory insurance

Under the Employers’ Liability (Compulsory Insurance) Act 1969 all employers must have insurance to pay compensation to employees if they are injured or become ill as a result of their employment.

There are some exemptions for self-employed, family firms and public organizations and those financed by public money.

Reference

Employer duties - MHSW 1999

Management of health and safety at work regulations 1999

Duties
* Carry out suitable and sufficient risk assessments and record significant risks
* Apply principles of prevention
* Carry out health surveillance (where appropriate)
* Appoint competent persons
* Develop procedures where particular dangers may occur
* Provide comprehensive and relevant information to employees
* Where two or more employers share a workplace - employers must co-operate with each other
* Take employees capabilities into account and provide suitable training
* Assess risks for new and expectant mothers (including women of child bearing age) and take measures
* Protect young workers because of their lack of experience, awareness of risks and lack of maturity

Duties of employers - HSWA 1974

Health and Safety at Work etc Act 1974

Duties of employers include
* Protect health, safety and welfare of employees
* Provide and maintain safe systems of work
* Ensure safety in the use, handling, storage and transportation of articles and substances
* Provide information, supervision and training
* Provide safe places/environment for work, with safe access and egress
* Provide adequate welfare facilities and arrangements
* If 5 or more people are employed at the one time for a single undertaking - produce written health and safety policy
* Protect people not in their employment that may be affected by their operations
* Consult safety representatives and establish a safety committee when requested by two or more safety representatives
* Provide free of charge items required by statutory provisions

Duties of employees

Health and safety at work etc act 1974

Employees must
* Take reasonable care for themselves and others who might be affected by their acts or omissions,
* Cooperate with their employer or other person so far as is necessary to enable them to comply with their own statutory duties and requirements.
* Not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare.

Management of health and safety at work regulations 1999

Employees must
* Use all work items in accordance with the training and instructions that they have been given.
* Inform their employer (or a specified employee with health and safety responsibilities) of work situations that could present a serious and immediate danger, as well as any shortcomings that they might reasonably recognise in the existing arrangements for health and safety.

Regulations, codes of practice and guidance

Regulations lay down minimum legal standards. Breaches of regulations constitute criminal offences that can lead to enforcement action (e.g. prosecution, imposition of fines). Most health and safety regulations are made under the Health and Safety at Work etc Act by the Secretary of State after consultation with HSC. They often implement EC Directives that are aimed at protecting employees and others.

Approved codes of practice have quasi-legal status. Duty holders must comply with them or be able to show that the chosen means of control are equally effective. They are approved by the HSC with the consent of the Secretary of State and that their purpose is to provide practical interpretation of legal requirements in specific areas. Although failure to comply with any provision of an ACOP is not in itself an offence, the failure may be cited in court in criminal proceedings as proof that there has been a contravention of the regulation to which the provision relates.

HSE guidance has no formal legal standing, is generally more informative and practical than an ACOP, and is intended to give advice on good practice.

Example
REGULATION
regulation 7 of the workplace act states during working hours, there shall be a reasonable working temperature

ACOP
the ACOP states the minimum temperature will be 16 degrees celsius unless physical work is involved, then its 13 degrees

GUIDANCE
HSG 194 (thermal comfort in the workplace)
gives guidance on possible solutions to maintain the welfare of employees working in low temperatures.

*Some times the regs cannot be followed exactly, ie minimum temperature at work, so the acop provides the details and guidance shows you how to comply in other ways, such as supplying thermal clothing, boots, limiting time in cold areas, supply of a room to get warm etc.*

Reference

Also, well summarised by HSE here

Negligence

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

To prove a case of negligence it is necessary to show
1. A duty of care was owed by the employer (ie that the employee was acting in the course of his/her employment);
2. The employer acted in breach of that duty by not doing everything that was reasonable to prevent foreseeable harm
3. The breach led directly to the loss, damage or injury.

Defence to negligence may include
* There was no duty owed to the employee since the case referred to something which did not take place during the course of employment;
* There was no breach in that what happened was not foreseeable and in the event everything reasonable had been done;
* The loss, damage or injury was either non-existent or not caused by any breach;
* The claimant voluntarily accepted the risk (volenti non fit injuria)
* The case was out of time.

There is also case law for a "sole fault of claimant" defence (ICI vs Shatwell). I understand this to mean the person was harmed by an activity they were involved in. That person was considered to be an 'expert' (it was demonstrated they knew what they were doing) but they were not following best practices, even though they had been reminded of them by the employer.

There is also a partial defence of 'contributory negligence.'

Duty of care

Duty of Care - Employer and employee have a common law duty of care to each other and to other employees. This includes exercising reasonable care in order to protect others from the risks of foreseeable injury, death at work or health problems.

The Employer's Duty of Care - Provide a safe workplace. Will be liable if someone is harmed and they had failed to take reasonable steps to protect against a known risk or one they should have known about.

Employee Rights and Expectations - Employees have rights as implied by the employer's duty of care, but they must also exercise reasonable care in their own actions at work so to avoid harm to themselves or others. They must co-operate with the employer in the use of safe working practices as provided.

Types and sources of law

Two types of law
1. Criminal law - enforces a code of conduct (normally to protect). Allows the state to take punitive action against those who commit breaches.
2. Civil law - enables an individual who has suffered harm to gain appropriate recompense or to seek an injunction to prevent harm (or further harm) from occurring.

Two sources of law - both define codes against which behaviour can be judged.
1. Common law is not written down but is developed by the courts over time.
2. Statute law is written down (codified) in the form of Acts and Regulations. Failure to comply with statute law normally (but not always) constitutes a criminal offence but can also be used in civil actions unless specifically disallowed.

The cost of accidents

There is a well known saying "if you think safety is expensive, try having an accident." This can be a convincing argument for investment beyond the basic moral responsibility.

If someone is injured and unable to work, or killed, an organisation is likely to face some or all of the following costs:

* Compensation
* Fines
* Legal costs in defence of a prosecution
* Paying overtime or hiring extra people to provide cover
* Lost production
* Repair costs
* Loss of reputation
* Increased insurance premiums

Whilst some of these costs can be insured against, studies suggest most cannot. The trouble with this argument is that before an accident has occurred, these costs are hypothetical, whilst the cost for improving safety is very real.

Why health and safety?

It is important to consider at the start of this topic why health and safety should be an important part of any business. Well there are a number of reasons, and the fall into the following categories:

* Moral - people have a right to leave work safe and sound;
* Business - good safety can improve productivity and efficiency directly or by motivating the workforce
* Financial - accidents and ill health cost a lot of money.

There is also a very strong legal perspective, but this is because of the consequences of poor health and safety rather than a driving force in its own right.

Nebosh syllabus

The syllabus is divided into sixteen units:

1. Health and safety foundations
2. Policy
3. Organising for health and safety
4. Promoting a positive health and safety culture
5. Risk assessment
6. Principles of control
7. Movement of people and vehicles - hazards and control
8. Manual and mechanical handling hazards and control
9. Work equipment hazards and control
10. Electrical hazards and control
11. Fire hazards and control
12. Chemical and biological health hazards and control
13. Physical and psychological health hazards and control
14. Construction activities - hazards and control
15. Incident investigation, recording and reporting
16. Monitoring, review and audit

The latest General Certificate

Directly from the Nebosh website

The NEBOSH National General Certificate (NGC) has long been recognised as the essential introduction to the fundamentals of occupational health and safety and is the most popular qualification of its kind: Since its launch in 1989 over 100,000 people have achieved the award in the UK and abroad, including Australasia, the Middle East and the West Indies.

From 8 December 2006 the NEBOSH National General Certificate (NGC) syllabus will be divided into three units
NGC1: Management of Health and Safety,
NGC2: Controlling Workplace Hazards
NGC3: Health and Safety Practical Application).

These still correspond to the three non-unitised components of the current NGC: Paper A1, Paper A2 and Part B (The Practical Assessment). This enables course providers to continue to teach the syllabus material in the same course formats as before, whether students are taking the current or new unitised version of the NGC.

The syllabus has been updated slightly to reflect change in legislation

Unitisation allows you to organise learning in manageable blocks giving recognition and certification of individual units.

NGC1 is consistent with the Nebosh Fire and Construction safety certificates, meaning it only has to be done once, even if all three certificates are being studied.