iosh msqp day 1

IOSH MANAGING SAFELY Preventing Accidents & Incidents in the Oil & Gas Sector

in partnership with

TOBY CLARK BSc FIOSH AIEMA MCot Cert Ed

IOSH MANAGING SAFELY

MODULE 1

Welcome

• Introductions

• Outline of the course

• Resources

• Learning outcomes

• Assessment

• Abbreviations

Health and Safety Foundations

• Relevance of Health and Safety in the workplace.

• Why should organisations manage Health & Safety?

Health and Safety?

• Moral/Humanitarian

• Legal– Criminal

• Punishment

– Civil• Compensation

• Financial - < 6% of GDP (Gross Domestic Product)

Health and Safety Definitions

• Health• Safety• Welfare• Occupational or work

related ill-health• Environmental

protection

• Accident• Near Miss• Dangerous

Occurrence• Hazard and Risk

World Legal Systems

• Civil Law • Common Law• Customary Law • Muslim Law• Mixed Legal

Civil Law System

• Written legislation- systematic codification

• Differing cultural forms

• Takes its heritage from Roman Law

• Also influenced by Napoleonic System

• Principles - about rights of the individual

Common Law Systems

• “Case” Law pre-eminent

• English influenced cultural forms

• Principles - about rights of the individual

Customary Law Systems

• Wisdom born of experience

• Spiritual or philosophical traditions

• Revolves around personal conduct

• Mostly absorbed into mixed systems

Muslim (Islamic) Law Systems

• Autonomous

• Religious in nature – based on the Koran

• Tends to be limited to personal/family status

Mixed Legal System

• Made up from two or more elements of the preceding systems

• Usually has reasonably well defined fields of application

International IOSH Course, Country of participation - Legal System

Qatar• Discretionary system

of law controlled by the Emir

• Islamic Law dominates family and personal matters

• Some civil codes are being implemented

World Legal Systems

Principles of Law

CIVIL LAW

SETTLES DISPUTES BETWEEN INDIVIDUALS.

Seeks to protect the individual citizen

CRIMINAL LAW

SETTLES DISPUTES BETWEEN THE STATE AND INDIVIDUALS.

Seeks to protect society

Civil Law

• Civil Law is concerned with TORT – A Civil Wrong OR

• Unintended Harm

• Exists to “compensate”

The individual (claimant) brings the case

on the “Balance of Probabilities”

Duties of CareNegligence

• Based on the principle of the Duty of Care

• Employers main areas of responsibility

• SAFE PLANT• SAFE SYSTEMS OF WORK• SAFE PREMISES• COMPETENT PEOPLE

Civil Negligence

Claimant must establish...

• Duty of care owed to him/her by the employer

• Duty of care breached

• Injury or loss resulted due to the breach.

Common Law Defences • No duty owed

• No breach of the duty

• Injury but not directly as a result of the breach . . .

• Voluntary acceptance of the risk(volenti)

• Contributory negligence

Vicarious Liability

• Vicarious liability is based upon the fact that if an employee whilst acting in the course of employment negligently injures another

• The employer rather than the employee will be liable for that injury.

Criminal Law

• Mainly Statute Law based…– Created by Governments– It is the Written Law of the Land

• Breach of Criminal Law constitutes a CRIME• Exists to punish by Fines/Imprisonment

Concerned with Statutory Breach• Prosecution prosecutes Defendant• “Beyond Reasonable Doubt”

Levels of Statutory Liability

• ABSOLUTE

-”Shall”/ “Must”-There is No Choice

• SO FAR AS IS PRACTICABLE-“If its possible in the light of current of current

knowledge and invention it must be done”.

• SO FAR AS IS REASONABLY PRACTICABLE-“Risk” v “ Cost,Time and Trouble”

Health, Safety and Environmental Laws

• Normally made under Criminal Law

• Principles may also be incorporated into legal binding contractual arrangements

Important National Health and Safety Law

• 1970 United States of America introduce new legal regime known as the Occupational Safety and Health Act (OSHA) which is essentially prescriptive and is still in use

• 1974 United Kingdom introduce the Health and Safety at Work etc. Act (HASAWA) which is essentially proactive (based on the achievement of “reasonably practicable”) and is still in use

Important National Health and Safety Law

• 1980’s European Union starts to issue more specific rules in the form of directives

• Each member state has to comply by incorporating directives into their own legal system

• This has resulted in UK legislation such as the Management of Health and Safety at Work regulations

European Courts

• European Court of Justice– Highest court in the European Union– Deals with community law and its

interpretation.– Hears cases of breaches of community law by

member states.

• European Court of Human Rights– Deals with human rights and fundamental

freedoms

International Labour Standards

• The International Labour Organisation (ILO) founded in 1919 is a UN body with a number of functions

• One of these is to establish and maintain international standards on labour and social issues (health, safety and environmental)

• They are in the form of Conventions and Recommendations

• Guidance material is also available in the form of codes of practice, guidelines and reference manuals

• Web site reference is www.ilo.org./public

International Labour Standards

• ILO documents fall into four categories

Guiding policies for action• Occupational Safety and Health Convention,

1981 (No.155) and Recommendation (No.164) employers responsibility to make work and equipment safe and without risks to health, and the rights and duties of workers

• List of Occupational Diseases Recommendation (2002) gives list of occupational diseases and on the recording and notification of occupational accidents and diseases

International Labour Standards

Protection in given branches of economic activity

• The Safety and Health in Construction Convention 1988, (No.167) and Recommendation (No.175) contains basic principles and measures to promote safety and health of construction workers

International Labour Standards

Protection against specific hazards and risks

• The Chemicals Convention 1990, (No.170) and Recommendation (No.177) an international attempt to improve national measures and standards from labeling and classification to control of all aspects of chemical use

International Labour Standards

Measures of Protection• Maternity Protection Convention 1919,

(No.3) last revised 2000, (No.183)

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• A recent document of interest was Guidelines on Occupational Safety and Health Management Systems (2001)

International Labour Standards

Labour Inspection

• has been a goal of the ILO since its founding• The Labour Inspection Recommendation, 1923 (No. 20)• The Labour Inspection Convention, 1947 (No. 81)• The Labour Inspection (Agriculture) Convention,1969 (No. 129)

• Each member state should endeavour to have its own properly resourced inspectorate that can effectively :–

• identify new areas for action • supply technical information and advice • secure the enforcement of legal provisions

International Health and Safety Standards

• ISO 9000 series - quality

• ISO 14000 series - environment

• OHSAS 18000 series - health and safety

Regulations• Made under full force of law, known as

Secondary or Delegated Legislation.– Regulations update (detail) Conventions/Acts– Changes ILO/EU Directives into State Law– Made for a specific purpose

• Construction • Work equipment• Display Screen Equipment

Approved Codes of Practice (Acop’s) Codes of Practice (Cop’s)

• Acop :- Official guidance on how to comply with Regulations at work. (Quasi-Legal status)

• If you don’t follow Acop YOU HAVE TO PROVE that your way was just as good!!

• Cop :- Guidance from an Internationally/Nationally recognised organisation suggesting “industry best practice” e.g. British Standards Institute (BSI)

Guidance Notes

• Guidance Notes contain;– Practical advice– Sound suggestions – More informative than codes

• Legal status? (UK’s EH40 Threshold limit values for substances used or occurring at work)

• Again based on “industry best practice” normally at a national level

ILO C155 Occupational Safety and Health Convention, 1981

PART II. Principles of National Policy (Articles 4-7) :• Supervision• Working time• Training • Communication• Co-operation• Protection of workers or their representatives from

disciplinary measures as a result of actions properly taken by them in conformity with National policy

ILO C155 Occupational Safety and Health Convention, 1981

Part IV. Action at the level of the undertaking (Articles16-21)

Employers shall be required to ensure that, so far as is reasonably practicable

• workplaces, working environments, tools, machinery and equipment, chemical, physical, and biological substances and agents and work processes under their control are safe and without risks to health

• adequate protective clothing and equipment is provided• where two or more employers are working at the same time in

one workplace that they collaborate in applying health and safety requirements

• provisions, where necessary, to deal with emergencies and accidents, including adequate first aid arrangements

ILO C155 Occupational Safety and Health Convention, 1981

Part IV. Action at the level of the undertaking (Articles16-21) continued :-

There shall be arrangements at the level of the undertaking under which

• workers co-operate with employers• representatives of workers co-operate with employers in the

field of occupational health and safety but must not give away commercial secrets

• workers and their representatives are given appropriate training and able to enquire into all aspects of safety and health associated with their work and shall be an essential element of the organisational set up of the undertaking

• occupational safety and health measures shall not involve any expenditure by the work force

Effective Health, Safety and Environmental Policies

Policy

Organising

Planning and Implementing

Measuring Performance

Reviewing Performance

Auditing

CCCCC

OMMITMENT

O-OPERATION

OMMUNICATION

OMPETENCE

ONTROL

The 5 C’S of HSE management

Consider: People, Process, Plant, Premises

Safety Policy• General Statement of Intent

– Commitment to Health and Safety signed by the BOSS

– Aims and Objectives– Compliance with Legal Requirements– Relationship with the workforce– Commitment to regular Review– Brought to the attention of all staff

Sets direction for the organisation

Safety

Health

Welfare

Safety Policy

• Effective health, safety and environment policies contribute to business performance by:

• supporting Human resource development• minimising the financial losses which arise from avoidable

unplanned events• recognising that accidents, ill health and incidents result from

failings in management control• recognising that the development of a culture that is supportive

of health safety and environment is necessary to achieve adequate control over risks

• ensuring a systematic approach to the identification of risks and the allocation of resources to control them

• supporting quality initiatives aimed at continues improvement

Organisation

• People and their Responsibilities– People by name or

job title– Responsibilities

clearly laid out for everyone

– Consultation methods

– Health and Safety monitoring

– Training and Information

– Health Surveillance

Planning/Implementing

Planning is essential for the implementation of HSE policies. Adequate control of risks can only be achieved by co-ordinated action by all members of the organisation. Effective planning systems require organisations to establish and operate management systems that

Controls risks

Reacts to changing demands

Sustains a positive HSE culture

Measuring Performance

Measurement is essential to maintain and improve HSE performance:

Active systems which monitor the achievement of plans and the extent of compliance with standards

Reactive systems which monitor accidents, ill health and incidents

Effective procedures are needed to capture both sorts of information

Auditing and reviewing performanceOrganisations can maintain and improve their

ability to manage risks by learning from experience through the use of audits and performance reviews

Audit controls - Like any process, there needs to be controls to ensure that an audit is applied rigorously and consistently. An unreliable system may lead managers to lose confidence in its relevance and validity

Reviewing performance - will need to examine the operation and maintenance of the system as designed and the design, development and installation of the HSE management system in changing circumstances

Some useful UK addresses• NEBOSH• Dominus Way, Meridian Business Park,

Leicester LE19 1QW, England • Website: www.nebosh.org.uk• IOSH• The Grange, Highfield Drive, Wigstone,

Leicestershire, LE18 1NN, England• Website: www.iosh.co.uk• HSE• Website: www.hse.gov.uk