Preventing Accidents

Dr David J Knowles IOSH Rural Industries Group

Outline of Presentation

- Legislation - European and United Kingdom - ACoPs and Guidance - How it is promoted

- Enforcement - HSE’s role - Powers of Inspectors - Guidelines for Enforcement HSE policy

- Safety Management Systems - International Systems/National Models - OHSAS18001

- Risk Management - Conclusions

European Legislation

- Single European Act - Directives

- Framework Directive - Workplaces - Work Equipment

- To be responded to by each Member State, translating into national legislation

- Regulations - Must be followed by Member States

UK Criminal Law - Statute Law

- Statutes lay down a framework of a system, the details of which are filled in later by a series of regulations or statutory instruments

- Breaches of the law are criminal offences - Fines and the costs of prosecution are imposed - Prison sentences are given to Directors - Directors are banned from working

- Health and Safety at Work Act 1974 (HSW Act)

- The “Parent Act” – lays down broad principles (in line with the Framework Directive but pre-dated the Directive)

UK Legislation

- Health and Safety at Work Act 1974 (HSW Act) - The “Parent Act” – lays down broad principles (in line

with the Framework Directive but pre-dated the Directive)

- Regulations – All industries covered - Management of H&S at Work - Workplaces - Provision & Use of Work Equipment - Work At Height etc

- Agricultural

- Pesticides - Children in Agriculture etc

Health & Safety at Work Act

“So Far As Is Reasonably Practicable” “the quantum or risk is placed in one scale and the

sacrifice involved in the measures necessary for averting the risk is placed in the other….and if …..

there is a gross disproportion between them – the risk

being insignificant in relation to the sacrifice – the defendant discharges the onus on them”

HSW Act (1)

- Enabling Legislation - Enables Regulations to be made

- General Principles laid down – not prescriptive

- Action tempered by “so far as is reasonably practicable

- a cost-v-benefit analysis

- Self Regulation

HSW Act (2)

Legislation and Guidance - Hierarchy of detail - Acts – HSW Act

- Regulations – MHSW, CoSHH, CDM etc - Approved Codes of Practice

- Guidance

- Publications (HSE + Industry ‘good practice’ guidance, etc)

HSW Act (Section 2) Requires employers to ensure:

- Safe plant, machinery and equipment - Safe systems of work - Safe workplace without risks to health - Supervision, information, instruction and training - Safety policy statement (written when 5 or more

employees)

All “so far as is reasonably practicable”

HSW Act (Section 7)

- Employees should: - Look after their own h&s - Look after the h&s of others (colleagues, visitors) - Co-operate with their employer - Not interfere with anything provided in the interests of

h&s

All “so far as is reasonably practicable”

Other key Sections of HSW Act

- Section 3 - Self-employed to protect themselves and other persons

- Section 4 – General duty on persons ‘concerned with

premises’ to protect persons other than their employees.

Relevant Statutory Provisions

- Management of H&S at Work Regulations - Workplaces Regulations - Provision and Use of Work Equipment Regulations - Supply of Machinery Regulations - Personal Protective Equipment Regulations - Manual Handling Regulations - Control of Substances Hazardous to Health Regulations - Control of Pesticides Regulations - Prevention of Accidents to Children Regulations

How is it promoted?

- The Health and Safety Executive - www.hse.gov.uk - Annual Statistics published - Offices throughout the UK - HM Inspectors of Health and Safety - Industry Committees – Agricultural Industry

Advisory committee

- The Institute of Occupational Safety and Health (IOSH) - www.iosh.co.uk - Employed staff - Professional members - Groups – Rural Industries

Statistics

Publications

IOSH

- IOSH is the Chartered body for health and safety professionals

- As the world's biggest professional health and safety membership organisation, we're the voice of the profession, campaigning on issues that affect millions of working people.

- We set standards and support, develop and connect our members with resources, guidance, events and training.

Enforcement

- All enforced by the Health and safety Executive Inspectors - Offer advice face-to-face or in writing - Warn duty holders failing to comply with law - Issue Improvement or Prohibition Notices - Give formal cautions - Prosecute

Policy Statement

Inspections

“A Health and Safety Inspector may visit your organisation to examine the arrangements in place for assessing and controlling risks from work-related pressures or other health and safety at work issues.

Inspectors will be looking for evidence that your

organisation has undertaken or plans to complete a suitable and sufficient risk assessment.”

Inspectors

- 1,300 Inspectors in the UK (2010 figures) - From many disciplines – usually graduates - Formal training given

- Post-graduate diploma in OH&S - In-house specialist training

- Experience - move between sectors - Manufacturing - Food and Agriculture - Construction

- Detailed work instructions, Inspectors minutes etc

Instructions for Inspectors

International Safety Management Systems

- An Occupational Health and Safety Management System (OHSMS) - is a framework that allows an organisation to

consistently identify and control its health and safety risks,

- reduce the potential for accidents, - help achieve compliance with health and safety

legislation - and continually improve its performance.

OHSAS 18001

- OHSAS 18001 is an internationally accepted specification, - it defines the requirements for establishing,

implementing and operating an OHSMS.

- The specification was developed with the assistance of a number of international standards and certification bodies.

18001:2007

Implementing a Management System

- Implementing an OHSMS is now a legal requirement in many countries. - Helps keep up with legislation and set up a system

that protects companies - The introduction of a management system can

reduce the risk of accidents, litigation and downtime. - Useful tool for Inspectors to Benchmark

Benefits of an OHSMS to Companies

- Reductions in staff absence - Reductions in claims against the organisation - Reductions in adverse publicity - Improved insurance liability rating - Improved productivity - A positive response from customers who want to deal

with an organisation with a proven health and safety track record

Objections?

Initially, it may be perceived that occupational health

and safety can be a drain on resources, offering little in financial return.

In practice, it has been shown that costs will be

outweighed by reducing accidents and occupational illness, damage to equipment/plant, the cost of fines and compensation claims

The 18001 Model

Current Situation

- Need to carry out an Initial Review. - Before an employer can implement an OHSMS, they

must understand what they currently know about the health and safety risks and performance in their business .

- First look at current occupational health and safety provisions including :- - policy, risk assessments and documentation.

- This will provide a baseline from which progress can be measured.

Initial Review

- The type of questions that need to be asked are: - How do they currently identify hazards, - conduct risk assessments & - implement control measures? - What regulations and legal requirements do they

have to meet? - How do they report incidents and accidents? - How do they deal with emergency situations? - What are the views of their stakeholders?

OCCUPATIONAL HEALTH AND SAFETY (OHS) POLICY

- OHSAS 18001 requires employers to produce a policy

statement that communicates their OHS values.

- The policy must be supported and authorised by top management.

- They must deliver performance that is consistent with this statement.

Planning

- The Initial Review should have helped employers to gain a better understanding of :- - their legislative and regulatory requirements, - to identify the OHS risks faced by the organisation, - to examine all existing OHS management practices, - processes and procedures and to evaluate feedback

from the investigation of previous accidents, incidents and emergencies.

- Employers will then be in a much better position to develop an OHSMS compliant with OHSAS 18001.

Hazard Identification, Risk Assessment and Risk Control

- These processes and their outputs should form the basis of the whole OHSMS and they need to be documented and the significant findings communicated to staff.

- The complexity of these processes will depend on the

organisation’s size, workplace situations, nature and significance of the hazards.

- These activities need to be conducted continuously.

- This is in essence Risk Management in Practice

Risk Management

- the process whereby decisions are made to accept a

known or assessed risk and/or the implementation of actions to reduce the consequences or probability of occurrence (BS4778)

- Co-ordinated activities to direct and control an organisation with regard to risk (ISO Guide 73)

Small Organisations

- Although these requirements apply to all organisations, it is not the purpose of OHSAS 18001 to force small organisations with very limited hazards to undertake complex hazard identification, risk assessment and risk control exercises.

- A proportionate response is required = sensible risk management

Legal & other Requirements

- Employers will need to develop a procedure that enables them to identify and access the legal and other OHS requirements that relate to their organisation.

- This procedure will enable them to know when one of these requirements changes and when a new regulation needs to be addressed.

Objectives, Targets & Management Programmes

- Employers need to establish OHS Objectives to ensure that the OHS Policy is achieved.

- Ideally, they should be specific, measurable and timely objectives and targets.

For example:

To plan and implement an action plan, to reduce site transport risks to a level as low as is reasonably practicable within six months.

Management Programmes

- The Objectives are achieved through the

implementation of Management Programmes.

- Management Programmes are plans that define what will be done, who will do what and by when.

Implementation & Operation 1

- To implement and operate an effective OHSMS, employers will need to: - Define the roles, responsibilities and authorities of

staff with regard to OHS, including the appointment of a member of top management as a management representative.

- Ensure that appropriate training is provided to ensure people are competent.

Implementation & Operation 2

- Ensure that there is effective internal and external communication.

- Describe how the management system is structured and develop the necessary OHS processes and procedures.

- Ensure that OHSMS documentation is controlled so that current versions are in use.

Implementation & Operation 3

- Ensure that risk control measures are being properly

managed, including the development of appropriate procedures and the maintenance of records.

- Establish, maintain and test a process for dealing with emergency situations.

Checking & Corrective Action

- Employers will need a process for monitoring and measuring.

- This process will give them the confidence that they are in control of your OHS risks, and

- Provide a mechanism to determine their progress towards achieving the OHS Objectives.

Measuring Performance

Procedures are required for the handling and

investigation of accidents, incidents and non-conformances in order to eliminate the actual or potential cause.

Audits

OHS system audits are required to assess the systems

suitability and effectiveness. These audits provide evidence that the OHS is working and that you are in control.

Management Review

- Top management will need to meet periodically to ensure that the OHSMS is suitable and effective. - This will include a review of their OHS policy and

performance against the OHS Objectives.

- The review will also consider the changing business environment and the future management programme.

Conclusions

- Accidents will be reduced by;- - Establishment of Good legislation

- Based on European directives - Backed up by guidance for industries - Enforced when necessary

- Targeted Inspections - Trained, experienced Inspectors

- Establishing a recognised Safety Management System

- OHSAS18001 for example - Focussed on Risk Assessment and Risk

Management