Gareth Jenkins - Nebosh General Certificate in Occupational Safety and Health

Gareth Jenkins - Nebosh General Certificate in Occupational Safety and Health

Lecture one. HS(G)65 – Promote a positive safety culture.

Positive as used in the phrase means people that want to be safe and want safer practices and culture meaning the people.

All the elements in HS(G)65 must be used to promote a positive safety culture.

Sketch of HS(G)65.

It is important to be able to draw this sketch word perfect as there is a good chance that there will be a question on it in the exam.

From the sketch you can see that the Auditing element communicates with all other elements. Audit seeks non-conformance.

Overview of HS(G)65.

1).Policy. The written policy will be split into 3 parts:-

Part 1 – Intent (what). The intent would be the company’s goals and objectives i.e. what it wants to achieve.

Part 2 – Organisation (who’s who). This would look at the roles and responsibilities of personnel at the organisation and the organisation family tree.

Part 3 – Arrangements (how). This would depict how things get done (procedures).

2.) Organising. This would look at human factors/human reliability. Organising would be full of software systems, software systems in safety would be communications between people. 5C rules this system i.e. there must be:-

Communications must be in place.
Competence (depends on training, experience and knowledge). It is important to keep on developing experience.
Consultation. This is 2 way communications/discussions with actions being taken after the consultation.
Control. Indirect control.
Co-operation. There must be co-operation.

3.) Planning and Implementing. Planning focuses on Risk Management which can be split into 3 sections:-

Risk Assessment.
Risk Rating.
Risk Control.

Implementing is comparable with safe systems of work (SSOW). SSOW represents a sequence of events in order to make the task safer but must be followed to do so.

4.) Measuring Performance. Measuring performance can be split into 2 parts:-

Reactive: Damage control. Reacting to something. Reactive monitoring is always negative i.e. something that has already happened e.g. accidents or near miss scenarios.
Active: positive monitoring to stop occurrences happening e.g. housekeeping and fire extinguisher checks.

5.) Reviewing Performance. Interested in modifying/reviewing if changes happen. Changes can take the form of changes of personnel/structure, where peoples work changes, changes of process, changes in systems of work, changes of product and new equipment introduction. As good practice reviewing should take place on an annual basis, unless there are any changes. Also review should take place if there are any legislative changes.

6.) Auditing. Auditing can be internal or external. Auditing seeks non-conformance/compliance. Auditing is only concerned in discovering what is wrong not what is right. An audit will not be signed off until any non-conformance has been reviewed.

7.) Feedback Loop. The feedback loop is vital for employee involvement. There must always be facilities for feedback. Feedback can come in various forms:-

Safety Meetings.
Safety Committees.
Safety forums.
Accident Forms.
Incentives for good ideas.
Near miss Forms.

A way to remember these elements is POPMAR.

Policy

Organising

Planning and Implementing

Measuring Performance

Auditing

Reviewing Performance

HS(G)65 cannot work without feedback.

Lecture 2. The Elements of a Health and Safety Policy.

A written Health and Safety Policy is a legal requirement under section 2 of the Health and Safety at Work Act 1974 when 5 or more people are employed. The Health and Safety policy MUST be brought to the attention of everybody affected by the organisations actions and MUST also be signed and dated by the Managing Director (MD) or Chief Executive Officer (CEO) of the organisation. A Health and Safety Policy will be in three parts:-

Part 1 – Intent (what). This part would be what the organisation’s goals and objectives would be. This section could also be copied onto headed A4 company paper and formed into a companyStatement of Intent which could be distributed to new employees prior to starting work with the organisation. The Statement of Intentagain MUST be signed and dated by the MD or CEO.
Part 2 – Organisation (who’s who). This would look at the roles and responsibilities of personnel at the organisation and would often examine the organisation family tree.
Part 3 – Arrangements (how). This would depict how the organisation would get things done.

A Safety Policy would:-

State organisational aims to ensure the Health and Safety of those that work for or may be affected by its activities (e.g. public, contractors etc.)
Refer to consultation measures available for Health and Safety.
Indicate sources of expert/specialist advice
Means of communicating this.

The signature on the policy holds the ultimate responsibility for the policy.

A Health and Safety Policy must be:-

In writing.
Signed and dated by MD or CEO.
Periodically Monitored and Reviewed.
Re-issued as necessary.
Refer to other documents.
Brought to the attention of all employees.

A written Health and Safety policy would provide a certain amount of back up in court.

GENERAL INTENT ( Part 1 )

The first part of the Health and Safety policy would be the general intent part where the company would state its commitment to Health and Safety and the Environment. Part 1 sets out the goals and objectives of the organisation and also sets out the aims and objectives to achieve the goals to underpin the organisations commitment to Health, Safety and the Environment. This section could also be copied onto headed A4 company paper and formed into a company Statement of Intent which could be distributed to new employees prior to starting work with the organisation. The Statement of Intent MUST be signed and dated by the MD or CEO.

ORGANISATION ( Part 2 )

Part 2 of the Health and Safety policy brings to the attention, who would carry out the implementation of the policy and would also bring the organisational tree to attention. It would have a signature of a named director who would have ultimate responsibility for the policy. It could also pay reference to others with Health and Safety responsibilities and the responsibilities held by each member. It could also have details of Subordinate manager’s responsibilities for preparing their area Health and Safety Policy. It would also indicate consultation and communications routes and details of any specialised training/ support etc.

A Company Nurse, Safety reps, TUC reps, Environmental manager, Fire officer and Fire wardens, Emergency Planning Officer, Training officer and The Maintenance Team could all be mentioned in an organisation Health and Safety Policy.

ARRANGEMENTS ( Part 3 )

The Arrangements section of a Health and Safety policy sets the rules and procedures for:-

Existing Safe Systems of Work (SSOW) and Safe maintenance.
Risk Assessment.
Incident and Accident reporting and investigation.
Control of Chemical and Hazardous Substances.
Emergencies and Evacuation.
Training Facilities.
Measures for the introduction of new equipment and machinery.
The Dissemination of information. (Dissemination meaning the translation and circulation).
Environmental Protection and Management.
Health Surveillance and Welfare Facilities.
Issue and Use of PPE.
Joint Consultation and Safety Representatives and Safety Committee Meetings.

The arrangements section may refer to other documents e.g. Safety Manuals, SSOW, Risk Assessments, Spillage reporting, Method statements, existence of Permit-to-Work, Frequency of Health and Safety meetings, other relevant company policies, Accident and Near miss reporting (RIDDOR).

The effectiveness of a Health and Safety policy depends on many things. Systems must be in place for checking that methods and procedures are viable, effective and being complied with and modified to reflect changes. Includes Organisational restructuring or domino effects of changes by other activities. The policy must integrate fully with Risk Assessments, Standard operational procedures and Systems of work.

Lecture 3. Law

There are three types of Law:-

Criminal Law. This law is brought about by the state i.e has gone through parliament. Criminal Law seeks the award of Sanctions e.g. Fines or Imprisonment. Guilt is determined ‘beyond reasonable doubt’. Criminal Law is un-insurable against.

Criminal Law

Prosecuted By State

Award of sanctions

Guilt beyond reasonable doubt.

Contract Law. This type of Law will not be included in the exam.

Civil Law (common law). This law is brought about by the victim, where the victim seeks compensation. This law is settled on the ‘balance of probabilities’ i.e. was it foreseeable. Civil law is insurable against.

Civil Law

Civil Law is often known as Law of Tort

Tort : Civil wrong

Tort is a Judge made law which depends on historical precedent from previous cases dating as far back as the 16th century.

The Health and Safety at Work Act 1974 (HASAWA) is the act which covers all of the topics on the course. The HASAWA is split into sections. Section 2, ‘The duties on employers’, is also split into subsections.

The main sections related top the course are:-

Section 2 – Employers duty to the employees.
Section 3 – Employers duty to others (contractors, students, the general public, customers).
Section 6 – The duty placed on Manufacturers, Designers and Suppliers. These may be first or third party.
Sections 7/8 – Employee duty of care to themselves and others.

Section 2.

Under section 2 the employer MUST provide for Safe and Healthy employees in a Safe and Healthy Workplace. The employer MUST also provide safe access and egress and a Safe and Healthy environment. Safe systems of work must be provided along with Safe Handling and Storage of Hazardous Substances. Sufficient welfare facilities must be provided. Information, training, instruction and supervision must be provided especially for young persons. There must be means of consultation with safety reps and others. Employers have an absolute duty to provide a Health and Safety policy which MUST be written if there are 5 or more employees and MUST be brought to the attention of everyone affected by the company’s actions. The company must also provide all relevant PPE.

Section 3.

This section can be described the same as above.

Section 7.

Under this section, the employee must co-operate with the employer to enable the employer to fulfil their Health and Safety duties. Not by their (the employee) acts or omissions should they put at risk the safety or lives of themselves or others.

Section 8.

Employees must not recklessly (unknowingly) or deliberately (knowingly) interfere with anything provided for the Safety, Health and Welfare of themselves or others e.g. removal of guards.

Section 9.

The company must not charge for PPE.

There are various regulations that support HASAWA some being:-

MHASAW REGS
DSE REGS
COSHH REGS
WORKING AT HEIGHT REGS
RIDDOR
PPE REGS
PUWER
MANUAL HANDLING REGS
CDM REGS
DSEAR

The Management of Health and Safety Regulations.

Reg 3 – Risk Assessment (Suitable and Sufficient).

Reg 4 – Principles and control – Risk control.

Reg 5 – Health and Safety Arrangements

Reg 6 – Health Surveillance – medical screening.

Reg 7 – Competent Assistance – seeking expert advice.

Reg 8/9 – Emergency planning.

Reg 10 – Information to Employees.

Reg 14 – Duties on employees. Need to know what Reg is. Report any faults.

Reg 16/17/18 – New and Expectant mothers.

Reg 19 – Young persons.

Suitable and Sufficient.

N The term ‘Suitable and Sufficient; is important since it defines the limits to the risk assessment process. A ‘Suitable and Sufficient’ risk assessment should:-

Identify the significant risks and ignore the trivial ones.
Identify and prioritize the measures required to comply with any statutory provisions.
Remain appropriate to the nature of the work and valid over a reasonable period of time.

Regulations.

The Health and Safety at Work Act is an Enabling Actwhich allows the Secretary Of State to make further laws known as Regulations, without the need to pass another act of parliament. Regulations are law and are approved by Parliament. These are usually made under the Health and Safety at Work Act, following proposals from the HSC.

The Health and Safety at Work Act, and general duties in the Management Regulations, aim to help employers to set goals, but leave them free to decide how to control hazards and risks which they identify. Guidance and Approved Codes of Practice give advice, but employers are free to take other routes to achieving their Health and Safety goals, so long as they do what is reasonably practicable. Some hazards are so great, or the proper control measures so expensive, that employers cannot be given discretion in deciding what to do about them. Regulations identify these hazards and risks and set out specific action that must be taken. Often these requirements are ‘absolute’- employers have no choice but to follow them and there is no qualifying phrase of ‘reasonably practicable’ included.

Approved Codes of Practice (ACOP).

An ACOP is produced for most sets of regulations by the HSC and attempts to give more details on the requirements of the regulations. It also attempts to give the level of compliance needed to satisfy the regulations. ACOPs have a special legal status, sometimes referred to as Quasi legal. The relationship of an ACOP to a Regulation is that, by following an ACOP ensures compliance with the associated Regulation. If a company is prosecuted for a breach of health and safety law and it is proved that it has not followed the relevant provisions of the ACOP, a court can find them at fault unless the company can show that it has complied with the law in some other way.

Guidance.

Guidance comes in 2 forms, legal and best practice. An ACOP if followed ensures compliance with a regulation and guidance gives solutions based on scientific fact to Health and safety dilemmas.

Levels of duty.

There are three levels of statutory duty which form a hierarchy of duties. These levels are used extensively in Health and safety statutory (criminal) law but have been defined by judges under common law. The three levels of duty are:-

Absolute Duty. This is the highest level of duty and normally occurs when the risk of injury is so high that injury is inevitable unless safety precautions are taken. No assessment of risk is required but the duty is absolute and the employer has no choice but to undertake the duty. The verbs used in the Regulations are ‘must’ and ‘shall’.
Practicable. This means that if the duty is technically possible or feasible then it must be done irrespective of any difficulty, inconvenience or cost.
Reasonably Practicable. If the risk of injury is very small compared to the cost, time and effort required to reduce the risk then no action is necessary. It is important to note that money, time and trouble must grossly outweigh and not balance the risk. This duty requires a risk assessment to be undertaken with conclusions noted. Continual monitoring is also required to ensure that the risks do not increase.

Lecture 4. Civil Law.

Civil Law is based on previous cases where the judge has made findings. Civil Law cases are Foreseeable i.e. have happened before or could happen again.

Civil Law can also be known as Common Law or Law of Tort.
Civil Law is a judge made law.
Previous cases have influence and the decision is based on historical precedence.
Legal Discussions often take place before the case starts and often deals are made.

Law of Tort : Civil Wrong.

Definition of Law of Tort (Civil Wrong ): Everybody owes a duty to everyone else, to take reasonable care not to cause a foreseeable injury.

Explanation of Law of Tort ( Civil Wrong ): Everybody owes a duty to everyone else, to take reasonable care not to cause a foreseeable injury. A civil wrong is based on precedent, where the victim seeks compensation for loss, injury or damage.

These could be possible exam questions.

Negligence.

Negligence is governed by a duty of care. For negligence to exist, it must be proved that a duty of care exists, that there was a breach of that duty of care and that as a result of the breach, loss injury or damage was sustained. The breach must also be foreseeable.

Possible question.

Q) What are the three standards to be met to satisfy common law.

A) In order to satisfy a duty of care, 3 standards must be met. It must be established that a duty of care existed. Was that duty of care actually breached? As a result of the breach, was there any loss, injury or damage sustained by the victim as the victim will seek compensation. It is important as to whether it was foreseeable as it may well affect the outcome of the case.

An employer must prove that due diligence was exercised.

Due Diligence definition: did everything that was humanly possible, given the latest technology and state of the art thought and must be reasonably practicable.

Defence in Contravention.

Defence in contravention is to prove that all reasonable precautions were taken and that due diligence was exercised.

VOLENTI NON FIT INJURIA.

A voluntary assumption of risk.
The person knowingly took the risk.

Possible exam question.

Vicarious Liability.

Vicarious liability is when the employee is liable for the actions of the employee even when the employer is not there, providing the employee adhered to company policies and procedures.

Possible exam question.

Contributory Negligence.

Contributory negligence is where the employer and operative are both liable. This often occurs when on a folly (doing something they should not be doing e.g. using a company vehicle for personal business when it is not permitted.)

Lecture 5. HASAWA 1974.

ACOP.

Set by the HSC.
Does not have full legal status. Considered as Quasi legal i.e. has not passed through parliament. Could be used in a court of law to show non-compliance with regulation.
Gives details of regulations.
Gives the level of compliance required to satisfy regulations.
A judge would look for the degree of deviation from the acop in order to make a judgement on sanctions. The more deviation the more the penalty. The judge would use the acop as a standard.
An acop would be simply put.
If we have done as good as or better than the acop then we may mitigate or certainly fight the case successfully.

GUIDANCE.