Ivan Gregory CMIOSH

In the event of a fire or other alarms

Mobile Phones

Toilets and Breaks, Smoking

Eating and Drinking

Other classroom rules - discuss

 Course related paperwork

 Tell us about you:

 Name & Nick-name if any
 Job Role & Company
 Time in Industry
 Why Construction
 Why this course
 What are your current responsibilities to Health &
Safety
 Toassist Site Managers and Supervisory
Personnel in:

 Managing Health and Safety on site

 Developing an understanding of your responsibility

and accountability for site Health, Safety &
Welfare
5 day duration – all must be attended

 Individual and Group Work throughout

 Assessed course
 4 x Assessed Core exercises
 Implementing H&S Legislation
 Managers & Supervisors Responsibilities
 Site Instructions
 Site Layout

 End of Course Exam

 Expires in 5 years

2 day refresher
course
Before the expiry
date
If not renewed a full
course will have to
be required
 Same format/conditions as final exam

 25 Multi choice questions

 30 minutes to complete
 New Format for 2015

7 A4 books

 Organised into logical & intuitive way

 Section A:

 H&S Law,

 H&S at Work Act 1974

 H&S Policies

 Risk Assessment/Method Statements

 CDM 2015

 Inspections and Audits

 Section B:

 Management of Health,

 Welfare facilities

 First Aid

 PPE

 Manual Handling

 Asbestos
 Section C:

 Site Organisation

 Fire prevention

 Temporary works

 Plant & Work equipment

 Lifting equipment
 Section D:

 Work at Height

 Safe working on roofs

 Common access equipment

 Scaffolding

 Excavations

 Confined space
 Section E:

 Sustainable Construction

 Waste management

 Contaminated land

 Archaeology & heritage

 Section F:

 Street Works and road works

 Trackside safety

 Demolition

 Shop fitting and interior contracting

 Working over or near to water

 Mobile workforce

 House building

 Section G:

 Checklist & Forms

 Subject – Induction Training

 What would Induction Training come under?

 Legal and Management (Vol A)

 Check contents or index

 Go to section in the book

 Canyou locate an example of a
Accident/Incident Report.
GA21 Page 38

 Where can you find advice/guidance in

regards to working near overhead services?
D08 Page 133

 Locate Principles of a Fire Risk Management.

C02 Page 19
THE FACTS & FIGURES

Don’t Become a Statistic

 Accident Figures:
• Construction industry accidents statistics are a
matter of serious concern
• Almost 1/3 of workplace fatalities occur in
construction
• Construction only employs around 5% of the UK
workforce
• Accounts for 22% of Fatal Injuries & 10% of reported
major injuries
• If all accidents were recorded correctly these
figures would be even worse
Fatal Accidents reported to the HSE 2012/2013
• 39 Fatal injuries to construction workers

• Of these 12 were self-employed

 Injury Kind Proportion of Fatalities
Falls 59%
Being struck by a falling/moving object 3%
A collapse/Overturn 5%
Being hit by a moving vehicle 10%
Electricity 5%
Major Injuries reported to the HSE 2012/2013

• Reported major injuries to employees

continued to fall in 2012/13 to 1913, compared
to 2230 in 2011/12
Over 7 day injuries reported to the HSE
2012/2013

• Reported over 7 injuries to employees = 3133

Major Injuries
Injury Kind Proportion of Fatalities
Falls 28%
Slips, Trips and Falls on the level 28%
Being struck by moving/falling objects 15%
Handling 8%

Over 7 day Injuries

Injury Kind Proportion of Injuries
Handling 28%
Slips and Trips 23%
Being struck by moving/falling objects 10%
Falls 12%
Summary
• Annually, construction causes far too many
accidents (many fatal) in comparison to other
industries

• All site personnel have a responsibility to

ensure the safety of themselves and others

• Information, Training and Supervision is crucial

in minimising accidents

• At least 70% of all accidents on site can be

prevented via sensible management
 Common Law
 Based on judgments made by courts (precedents)

 Common Law torts and duties

 Negligence
 Duty of care
 Tort (civil wrong) of Negligence

 Negligence is the lack of reasonable

care/conduct which results in injury, damage or
financial loss
 Suingemployee needs to establish the
following 3 criteria:
 A duty was owed to the employee by the
employer as the incident took place during the
course of his/her employment

 There was a breach of that duty because the

event was foreseeable and all reasonable
precautions had not been taken

 The breach resulted in the specific injury,

disease, damage and/or loss suffered
 Defence against negligence:
 Denial – accident/incident never occurred

 No duty owed to suing party

 No breach of duty – due to claimant being

careless/negligent

 The breach did not lead to damage

 “Volenti non fit injuria” – the risk was willing

accepted

 3 year time limitation

 Duty of care
 Employers owe a duty of care to each employee
 The duty can not be assigned to others

 Vicarious liability
 Vicarious liability refers to a situation where
someone is held responsible for the actions or
omissions of another person. In a workplace
context, an employer can be liable for the acts
or omissions of its employees, provided it can be
shown that they took place in the course of their
employment
 Statue Law
 Laid down by Parliament as Acts of Parliament
and other legislation

 Levels of statutory law

 Absolute duty
 Practicable
 Reasonably practicable
 Absolute duty:
 Employer has no choice but to undertake the
duty
 The verbs ‘must’ & ‘shall’ used in regulations

 Practicable

 If in the light of current knowledge, technology and

invention it is possible, even though it may be
difficult, inconvenient and costly, it is to be done
 Reasonably practicable
 If the risk is very small compared to the cost,
time and effort required to it no action is
necessary
 Money, time and trouble must ‘grossly outweigh’
not balance the risk
 Criminal Law  Civil Law
 Rules of behaviour  Concerns disputes
laid down by the between individuals
Government or or individuals and
State companies

 Acts imposed on  Sues to address a

people for the civil wrong or tort
protection of the
people
 European
Courts

House of
Lords

Court of
Appeal

Employment
Appeals High Court Crown Court
Tribunal

Employment Magistrates
County Court
Tribunal Court
 Criminal Civil
Criminal Court Civil Court
(Magistrates & Crown) (County & High)

To Punish To Compensate
Level of Proof must Level of Proof must
be be
‘Beyond Reasonable Doubt’ ‘Balance of Probability’
 Health and Safety Executive Local Authorities
 factories and other manufacturing, including motor
vehicle repair  shops and retailing including market stalls, coin-
operated launderettes and mobile vendors
 chemical plants and refineries
 most offices
 construction
 some wholesale and retail warehouses
 mines, quarries and landfill sites
 hotels and other residential catering accommodation
 farms, agriculture and forestry including guest houses, residential care homes,
hostels, caravan and camping sites
 hospitals, including nursing homes
 catering including restaurants, pubs, cafés and wine
 local government, including their offices and bars
facilities run by them
 leisure and entertainment including night clubs,
 schools, colleges and universities social clubs, circuses, sports facilities, health clubs,
 domestic gas installation, maintenance or repair gyms, riding schools, racecourses, pleasure boat
hire, motor racing circuits, museums, theatres and
 utilities, including power generation, water and art galleries
waste
 places of worship and undertakers
 airports (except terminal buildings, car parks and
office buildings)  animal care including zoos, livery stables, kennels
and catteries
 police authorities and forces, fire authorities
 beauty and non-medical therapeutic services
 Crown bodies including MoD Docks including massage, saunas, solariums, tattooing, skin
and body piercing and hairdressing.
 nuclear installations
 offshore gas and oil installations and associated
activities including pipe-laying barges, and diving
support vessels
 onshore major hazards including pipelines, gas
transmission and distribution
 transport of dangerous substances by road and rail
 manufacture, transport, handling and security of
explosives
 Sets
in Law penalties for breaches of Health
and Safety

 Magistrates - Unlimited and/or up to 12 Month

Imprisonment

 Crown - Unlimited fines and up to 2 Years

Imprisonment
 Back Ground
 Earlier legislation industry specific

 Over 5 million unprotected employees

 Robens Report 1972

 Single Act which should contain general duties

 Should cover all those affected by employers

undertaking

 Emphasis on H&S management

 Enforcement should be ‘self regulation’

 Overview

 Established the H&S Commission

 Draft new regulations
 Enforce through HSE & Local Environmental Health
Officer (EHO)

 Enabling Act
 Allows Regulations to be made
 In Law
 The Act - made by Parliament

 Regulations - made by Ministers

 Approved Codes of Practice

 Guidance Notes

 Information Sheets
 Contains 85 sections
 Section 2 Duties of Employers
 Section 3 Duties of Employers to Others
 Section 4 Duties of those in Control of Premises
 Section 6 Duties of Suppliers
 Section 7 Duties of Employees
 Section 8 Duty not to Interfere
 Section 9 Duty not to Charge
 Section 20 Powers of Inspectors
 Section 21 Improvement Notices
 Section 22 Prohibition Notices
The Duties of Employers
 Sections 2 & 9 HASAWA 1974 to provide safe:
 Plant, regularly maintained
 Systems of work, Risk Assessments
 Prepare a written H&S policy
 Place of work.
 Access to and egress from the workplace
 Use, handling, storage and transportation of
substances
 Personal protective equipment free of charge
 And to consult with employees on health and safety
matters
The Duties of Employers Continued

 Welfare facilities

 Information

 Adequate supervision

 Instruction and training

The Duties of Employers to Others
 Section 3:
 Employers have a duty to ensure, so far as is
reasonably practicable, that their activities do not
endanger those not in their employ:
 subcontractors
 the public

 Self employed have a similar duty:

 to themselves
 to others
The Duties of Employees
 Sections 7 & 8 HASAWA 1974:
 To take reasonable care of himself and others who
may be affected by his acts or omissions

 To comply with:
 The employers health and safety rules
 Health and safety law
 Not to interfere with or recklessly use anything
provided in the interests of health and safety
Powers of Inspectors
 Section 20:
 Examine and Investigate
 Require premises are not disturbed
 Take measurements, photographs & recordings
 Cause an article to be dismantled
 Take possession of anything for examination
 Take samples
 Take statements
 Issue Improvement Notices
 Issue Prohibition Notices
 Initiate prosecutions
 Management of Health and Safety at Work Reg
1999 (MHSWR)
 Workplace (health, safety and welfare)
regulations 1992 (WHSWR)
 Health and Safety (display screen equipment)
regulations 1992 (DSE regs)
 Personal protective equipment at work
regulations 1992 (PPE regs)
 Manual handling operations regulations 1992
(MHOR)
 Provision and use of work equipment regulations
1998 (PUWER)
 Outlines principals for modern Health and
Safety Management, including risk assessment

 Places responsibility on managers to

proactively manage their business with Health
and Safety as the prime consideration before
profit or any other business need

 Assess risks to workers in their undertaking and

to any other person whose health and/or
safety may be adversely affected by an
employers activities
 Communicate and consult with the workforce
on matters relation to Health and Safety

 Involve those at risk in creating Risk

Assessments

 Monitor and review working practises

 Implement and Audit Health and Safety

Systems
 Duty to provide work equipment (bought or
hired) that is appropriate for the task, is
maintained and fit for the purpose in which it
was intended

 To carry out regular checks of plant and

equipment and document that these checks
have taken place

 To provide training in regards to its use, risks

and precautions
 PPE must be the last form of protection when
considering risk control

 Provided PPE shall be properly maintained,

cleaned or replaced as appropriate

 That training is provided for the safe use of

PPE
 Construction (Design & Management) Regulations
2015
 Control of Noise at Work Regulations 2005
 Regulatory Reform (Fire Safety) Order 2005
 Work at Height Regulations 2005
 Control of Asbestos Regulations 2012
 Control of Lead at Work Regulations
 Control of Substances Hazardous to Health
Regulations 2002
 Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 2013
 The Lifting and Lifting Operations Regulations 1998
 Control of Vibration at Work Regulations 2005
 “Managers will only receive
the standard of safety that
they demonstrate that they
want”
Mr Justice Fennell QC when giving judgement at the enquiry
following the Kings Cross fire in 1987
 148 employee deaths (2012/13, 1 every 2.5 days)

 113 members of the public killed

 78000 reportable injuries – 214 a day

 175000 over 7 day injuries – 479 a day

 27 million work days a year lost

 Accidents and ill health are costly - £15 billion

(est 2015)
 Clarify in more
general terms
requirements of
employers

 Apply to all work

activities

 Places obligations on
the employer
 Employers obligations
 Make arrangements for implementing H&S
measures (Policies and Procedures)

 Assess Risk

 Appoint competent people

 Set up emergency procedures

 Provide information and training

 Work together with others sharing the workplace

 Came into force 6 April 2008

 Companies & Organisations can be found

guilty of corporate manslaughter

 Not part of H&S law

 Prosecutes corporate body not individuals

 HSE recommended model
 Planning

Policy
 Should contain:
 A written statement of intent
 Details of the organisation
 How it is to be implemented

 Displayed
 Should describe:
 How a safe working environment will be set up
and maintained
 Existing H&S responsibilities
 Who is responsible
 Arrangements for delivering SSOW
 Arrangements for review and updates
 Risk
Profiling
Planning

Organising

Policy

Implement
 Control

 Commitment to H&S Objectives

 Managers taking full responsibility for controlling
factors
 People with specific H&S responsibilities held
accountable
 Co-operation

 Legal Requirement
 Encouragement of employees to take ‘ownership’
of H&S policies
 Actively encourage and support consultation
 Communication

 Effective communication relies on information:

 Coming into the organisation
 Flowing within the organisation
 Going out of the organisation

 Visible behaviour
 Written communication

 Face to Face discussion

 Competence

‘a combination of knowledge, skills and

practical experience which a person has
to have to be able to do a particular task
properly. This includes not only the
routine task, but also covers unexpected
situations and changes.’
 Competence

 Recruitment
 Training needs
 Refresher training
 Systems/resources to provide
information/training
 Staff cover arrangements
 Set Objectives

 Identify hazards

 Assess risk

 Implement standards of
performance/develop
positive culture

 Record
 Objectives and standards must be:

 Measurable

 Achievable

 Realistic
 Risk
Profiling
Planning

Organising

Policy

Implement

Measure
performance

Investigate
Accidents
Near
Misses
 Active Monitoring
 Regular Inspection of systems

 Reactive Monitoring
 Learn from mistakes
 Risk
Profiling
Planning

Organising

Policy

Implement

Measure
performance

Review
Performance
Investigate
Accidents
Near
Misses
 Are standards being meet

 Areas where standards are

absent/inadequate

 Achievement against time scale

 Decide how to improve performance

 “An unplanned, unscheduled,
unwanted event or occurrence or
any undesired circumstance which
may result in injury to persons or
property”
 “An unplanned
event which has the
potential to cause
injury but, for
whatever reason,
actual injury does
not occur”
1
 Group Discussion
 Victim

 Company/Those responsible

 Work force

 The Nation
 Structure  Horse Play
 Poor housekeeping  Lack of attention
 Design  Rule breaking
 Working  Complacency
environment  Distraction
 Defective machinery  Haste
 Lack of guarding  Carelessness
 Ineffective  Lack of PPE
supervision  Fatigue
 Bonus regime
 Working under the
 Age influence
 Gender  Lack of training
 Competent supervision & management

 Well trained/informed staff

 Correct use of equipment/PPE

 Safe and considerate conduct

 Near miss reporting

 Intervention
that effects risk
taking/protective behaviour.

 Requires worker engagement

 Focussed attention

 Behaviour
change requires integration with
wider management systems
 RIDDOR What is it?

 Reporting of Injuries, Diseases and Dangerous

Occurrence Regulations 2013

 It requires the reporting and recording:

 Work Related Deaths

 Non Fatal Injuries

 Cases of diagnosed industrial disease

 Certain ‘dangerous occurrences’

 DEATHS

 If results from a work related accident

 Workers sustains an occupational injury

 NON FATAL INJURIES TO PEOPLE AT WORK

 Two Types

 Listed Injuries

 Over Seven Day Injuries

 NON FATAL INJURIES, these include:
 A fracture
 Amputation
 Loss of sight (if diagnosed permanent)
 Injury resulting from electric shock or electrical
burn
 Injuries leading to hypothermia, heat induced
illness, unconsciousness
 OVER 7 DAY INJURIES
 Employee is away from work/unable to work for
more than 7 days not counting the day of the
accident
 DANGEROUS OCCURRENCES
 21 categories, examples are collapse,
overturning of lifting equipment
 Plant coming into contact with power lines
 Accidental release of biological agents
 Electrical short circuits that cause fire/explosion
 A Guide to the Reporting of Injuries, Diseases
and Dangerous Occurrence Regs 1995

 INJURIES TO PEOPLE NOT AT WORK

 OCCUPATIONAL DISEASES
 Online

 www.hse.gov.uk/riddor

 Telephone – For Fatal and Major injuries Only

 0845 300 9923

 Manned Monday – Friday 8.30am – 5pm

Simply put:

Because it is set out in law

that risk be assessed and
controlled
 The Health and Safety at
Work Act 1974
 Section 2
 Section 3
 Section 7
 Management of H&S at
Work Regulations 1999
 Every Employer/self employed
person to make a suitable and
sufficient assessment of risk
 Assessments have to be reviewed
 Record significant findings (5 or
more employees)
 Manual Handling Operations
Regulations 1992
 PPE at Work Regulations 1992
 H&S (Display Screen Equipment)
Regulations 1992
 Noise at Work Regulations 2005
 COSHH Regulations 2002
 Control of Asbestos Regulations
2012
 Control of Lead at Work
Regulations 2002
 A careful examination of what, in your work,
could cause harm to people, so that you can
weigh up whether you have taken enough
precautions or should do more to prevent harm
 Qualitative:

 Object probability estimate based upon known

risk information applied to the circumstances
being considered

 Quantitative:

 Subjective based upon personal judgement

backed by generalised data risk
Something with the potential to cause
harm
 Physical  Chemical
 Slips, trips and falls  Liquids
 Fire  Dust & Fibres
 Tools, machines,  Gases & Vapours
equipment
 Noise
 Ergonomic
 Electricity
 Fit the workplace to
the person not the
 Biological other way round
 Insects
 Human/animal waste
 Sharps
 Micro-organisms
Risk is the combination of the likelihood of a
hazardous event occurring and the
consequence of the event

RISK = LIKELIHOOD X CONSEQUENCE

(SEVERITY)
 1. Identify the
hazards

5. Review your 2. Decide who

assessment might be
and update if harmed and
necessary how

4. Record your 3. Evaluate the

findings and risks and
implement decide on
them precautions
Identify the Hazards
 Walk around

 Ask employee’s/others

 Visit HSE website

 Contact trade associations

 Check Manufactures instructions

 Look back at your accident/ill health records

Decide who might be harmed and how
 Identify groups of people

 ID particular requirements – new/young workers, expectant workers,

people with disabilities

 Others who may not be in your workplace all the time – cleaners,
visitor's, maintenance workers

 Members of the public

 Shared work places

Evaluate the risks and decide on precautions
 Having spotted the hazard you have to decide what to do about them

 Compare with good practice (HSE Website)

 Is there more I should be doing?

 Can I get rid of the hazard altogether?

 If not how can I control the risks so that harm is unlikely?

 Less risky options, prevent access, organise work to reduce exposure to hazard,
issue PPE
Record your findings and implement them
 Write down results and share them

 Keep it simple when writing it down i.e.

 “Tripping over rubbish” – bins provided, staff instructed, weekly house keeping
checks

 On completion of the risk assessment prioritise and tackle the most

important things first
Review your assessment and update if
necessary
If no longer valid – staff changes, new equipment, new procedures

If there has been an accident

Good practice to review annually

Risk Assessment Matrix. Multiply scores to arrive at Risk Rating (RR)

Probability

Very Likely
Probable
Possible
Unlikely

Certain
Minor Injury 1 2 3 4 5
First Aid Injury 2 4 6 8 10
Severity

3 Day Injury 3 6 9 12 15
Major Injury 4 8 12 16 20
Fatality/Disability 5 10 15 20 25

Acceptable 1 -4 No further action, but ensure controls are maintained

Adequate 5-9 Look to improve at next review
Tolerable 10 - 16 Look to improve within specified timescale
Unacceptable 17 - 25 STOP activity and make immediate improvements

Monitoring and Review

Review Date Assessed by Job Title Signature Date Approved by

Andy Delve – Risk Assessment Form V1 Oct 11

Page 2 of 2!
!
A method statement is?

A DOCUMENT THAT SUPPORTS A RISK ASSESSMENT

AND DETAILS THE WAY A WORK TASK OR PROCESS IS
TO BE COMPLETED
 No set format

 Written by a competent person

 Written for a specific task and site

 Needsto written so it is understood by

the persons who will complete the work
 Validity  Disconnection/recon
 Hazards nection of services
 Means of access  Hazardous
 Details/Sequence of
substances
work  Occupational health
 Permits to work
assessment
 PPE
 Supervision
 Emergency
 Workforce details
procedures
 H&S monitoring
 Environmental
 Plant controls
inspection/operator  Safety of the public
training and occupiers
 Public nuisance
 Briefing register
Implementing Health and Safety Legislation

For this exercise you are required to write a Health and Safety Policy and carry out a
risk assessment on a given task from the set case study set by the tutor.

This is an assessed exercise that goes to the final overall result of your course and you
will need, as a group to get at least 70% to pass.

You will be required to do the following:

 Complete a Health and Safety Policy on the supplied paperwork.

 Carry out a risk assessment on a given task from the project assigned to you, this
will be dependent on the scope and complexity of the work.

 You will use the forms completed for the risk assessment.

 On completion of the task, a group spokesperson will do a short presentation to the

class.

 At the end of the presentation all risk assessments are to be handed to the tutor.

 Your work will need to be neat and presentable, it may be done using a computer
and printed off.

 Ensure your names and date are on the risk assessment.