ILM LEVEL 3 AWARD

MANAGING HEALTH AND SAFETY AT WORK

M3.23 PAUL KEELER M0907190 MARCH 2010

INDEX Introduction Legal Background Health and Safety at Work Act 1974 Control of Substances Hazardous to Health 1994 Personal Protective Equipment 1992 Legal Duties and responsibilities

PAGE 3 4 6 7 8 9 10

Enforcing the Law and gaining Advice on Health and Safety Accident Prevention Risk Assessment Environmental Responsibilities Appendix References Bibliography 16 17 17 12 13 14

INTRODUCTION
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Paul Keeler M09078190 Managing Health and Safety

Health and Safety law has developed over the last two centuries mainly from public outcry to working conditions. The earliest protective legislation dealt with children working in the textile industry, The Health and Morals of Apprentices Act 1802. It limited the working hours of children and set minimum standards for working conditions. The Factory Act 1833 saw the introduction of factory inspectors to enforce the statute law, these laws where then extended to other industries including pottery and matchmaking and consolidated into The Factory and Workshop Act 1901 the foundation of modern day Health and Safety legislation. As new industries emerged and developed this act was reformed into The Factory Act 1961 dealing with mines, quarries, offices, shops, railways and agriculture. The Report of the Committee on Safety and Health at Work (Cmnd 5034) was published in July 1972 (The Robens Report). This report proposed substantial changes in the Law and administration of occupational health and safety and was instrumental in the passing of the Health and Safety at Work Act (HASAWA) 1974. (Stranks 2006p.3). The HASAWA 1974 replaced all previous Acts covering individual industries (Office, shop workers, and Railway premises. ect.) because they were slowing industry down, outdated, did not cover everyone and the main concern was for control of accidents not for accident prevention and the attention to health risks. All organisations, whether large or small are governed by The Health and Safety at Work Act 1974 (HASAWA 1974). This act imposes duties on employers relating to health, safety and welfare at work. Employees also have legal duties under this legislation. Another piece of statute law governing organisations is the Fire Precautions Act 1971, its requirement is that non domestic premises that meet certain criteria must have a current fire certificate kept and displayed on the property. This will specify the uses of the property,
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Paul Keeler M09078190 Managing Health and Safety

escape routes, how fire will be fought e.g. sprinkler system, fire hoses or extinguishers, warning system, procedures for emergency and evacuation and training given to staff.

LEGAL BACKGROUND.
The law in the UK is derived from three sources, Statute Law This Law is passed by parliament, it is mainly criminal law and written in different documents 1) Acts of Parliament sets out the framework of principles and objectives i.e. The Health and Safety at work Act 1974. 2) Regulations With in the HASAWA 1974. These regs are made on the advice of the Health and Safety Commission (HSC) covering specific risks e.g. noise, electricity, chemicals, management of H&S. ect. To aid organisations the HSC published the Approved Codes of Practice (ACoP) which contain advice on the requirements, interpretations and implementation of the HASAWA 1974 and the subsequent Regulations. Failure to comply with the ACoP is not technically an offence but it is frowned up by the courts if criminal proceedings are brought. Also published to aid organisations are Guidance notes issued by the HSC or their enforcement authority the Health and Safety Executive (HSE). These are at a lower level than ACoP. They are persuasive and seen by courts as a guide to reasonable standards yet they have no legal status. The UK is a member of the European Union; in 1993 the Single European Act became law. Its aim was to harmonize trade by eliminating barriers and set standards across the EU. National standards for Health and Safety
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Paul Keeler M09078190 Managing Health and Safety

within the EU are made to conform with one another. These legislations are in two forms EU Regulations and Directives. Common Law. These laws are based on case law where decisions have been made in courts over time. Any decisions made then a precedent for future cases is established. Courts are bound by earlier decisions made in courts of the same level or higher. Contract Law Agreements made between parties, these Laws do not play much part in Health and Safety but they do in the Employment Relationship. If an organisation breaches any Health and Safety Law they can be prosecuted under either criminal law, civil law or both. Criminal Law - concerns offences against society and the State. Penalties are imposed by criminal courts and are mainly fines but can include imprisonment. Criminal law is based on a system of enforcement. Its statutory provisions are enforced by the states agencies, such as the Police, Health and Safety Executive, Environment, local and Fire Authorities. (Stranks 2006 p.5) Civil Law - concerns actions against an organisation that has been

negligent or breached a statutory duty, brought by a person or their representatives who has suffered death, injury or disease at work. Penalties against the organisation will take the form of damages (financially compensation to the person). These damages are usually settled out of court but will be heard in civil courts like County Court, High Courts if no agreement is reached. Organisations have to by law insure themselves against civil liability by having employers liability insurance and fire insurance. They cannot insure themselves against any criminal liability.
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HEALTH AND SAFETY AT WORK ACT 1974 (HASAWA 1974)

The main framework for health and safety statute legislation in the UK is the HASAWA 1974 under this umbrella of health and safety are numerous regulations including

Management of Health and Safety at Work Regulations 1999 (MHSWR)

Workplace(health, safety and welfare)Regulations 1992 Manual handling Regulations 1992(MAN.HAND.) Health and Safety (display screen Equipment) Regulations 1992 (DSE)

Personal Protective Equipment at work Regulations 1992 (PPE) Provision and Use of Work Equipment Regulations 1998 (PUWER) Control of Substances Hazardous to Health Regulations 1999 (COSHH)
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Paul Keeler M09078190 Managing Health and Safety

Control of Major Accidents Hazards (COMAH) Reporting of Injuries, Diseases and Dangerous Occurrences

Regulations 1995 (RIDDOR) Lifting Operations and Lifting Equipment Regulations (LOLER) Working at Heights Regulations 2005 Noise at Work Regulations 1989 Electricity at Work Regulations 1989(EaWR)

Next we will look more closely at two of the legislative Regulations under the HASAWA 1974

Control of Substances Hazardous to Health Regulations 1994 (COSHH) The purpose of COSHH is to protect the health of people in the workplace by controlling their exposure to hazardous substances that have potential to cause harm. COSHH Regulations affect any substances produced by the process or brought into the premises. Hazardous Substances can be in many forms solids, liquids, gases, fumes and vapours, dust or micro organisms. These substances can enter the body in the following ways Inhalation, Absorption, Ingestion and Injection. COSHH does not cover asbestos, lead, materials producing ionizing radiation and substances below ground in mines, which all have their own regulations. (Pardy. 2007 p.48). Under COSHH Regulations manufactures and suppliers of substances have to provide comprehensive information to users either by Data sheets and labelling.
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Under COSHH Regulations Employers have to; Evaluate hazardous substances used and produced within the process. A competent person Assess the risks to peoples health from exposure and use of the substance. (What used for, how long, how much, who by,) Keep up to date records. Put Control measures in place to eliminate or reduce the risk. The Hierarchy of control measures are; 1) Elimination if possible 2) Substitution for another substance 3) Engineering controls including containment, storage. 4) Inform, instruct and train employees through risk assessments, safe working procedures, manuals and permits. 5) Provide suitable and adequate Personal Protective Equipment as the last resort. Monitor and review regularly the exposure of employees and provide Health Surveillance if necessary. Personal Protective Equipment Regulations 1992 Every task undertaken at work should by law have any risks involved identified and assessed with a view to remove, reduce or control them. There should be a hierarchy of prevention and control measures where personal protective equipment should only be used as a last resort. Wherever possible engineering controls and safe systems of work should be implemented instead. (TUC. Chapter 15).

Paul Keeler M09078190 Managing Health and Safety

At Redcar Coke Ovens (RCO)due to the environment and working conditions of the process which produces dust, radiant heat and gasses some of which are carcinogenic. The last resort to protection is PPE. PPE includes eye, foot, head, hand, flame retardant overalls and respiratory equipment. Under the PPE Regulations RCO have to provide free of charge all PPE, they also have legal duty to: Ensure that this equipment is suitable and appropriate Maintain, clean, replace when used or damaged Provide adequate storage when not in use. Make sure it is properly used Give employees training, information and instructions on it use Keep up to date records.

Certain tasks require specialist PPE like high visibility jackets, breathing apparatus or safety harnesses. It is managements responsibility that the issue and stock levels of any PPE is kept to a reasonable level and available at all times. Employees have responsibility to use correctly any PPE issued and report defects.

LEGAL DUTIES AND RESPONSIBILITIES

Under HASAWA 1974 there are legal duties placed upon both the employer and employee. The Employer s duties include:

Paul Keeler M09078190 Managing Health and Safety

Must ensure as far as reasonably practicable the Health, Safety and Welfare at work of all their employees also any contractors, visitors, trespassers and the general public.

Where there are five or more persons Prepare and publish a written Health and Safety policy

Ensure any task or activity must be risk assessed by a competent person (a person who has acquired through training, qualifications and experience, the knowledge risks. and skills to carry out the task.) before work commences to eliminate or reduce any subsequent

The Employer must provide, I. II. III. IV. V. VI. Safe systems of work Safe and properly maintained plant Safe use, storage, handling of material and substances. Training, instruction, information and supervision. Maintain any workplace including access and egress Adequate welfare facilities at work.

The Employees duties include: Responsibility for your own and others Health and Safety who may be affected by your acts or omissions. Co-operate with management on Health and Safety, meeting required Laws and company policy, undertaking any training and Health surveillance requirements. Not to misuse or interfere with any safety equipment provided for protection and must follow Safe systems of work.
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There are three main levels of statutory duty, Reasonably practicable means the degree of risk balanced against the cost, time, and physical difficulty in taking measures to avoid or reduce the risk; Practicable means that the higher the risk of harm or injury then the cost, time and trouble involved are not to be considered, technical feasibility is the only consideration; Absolute often indicated by the word shall- means that the law must be obeyed. (Pardy 2007p.18).

Enforcing the Law and gaining Advice on Health and Safety

The authority which has overall responsibility for Health and Safety in the UK is the Health and Safety Commission (HSC), the enforcing arm of the HSC is the Health and Safety Executive (HSE). The HSE will visit organisations periodically to inspect if they are following the HASAWA 1974, they will also visit to follow up any complaints or any notifiable accident, diseases or dangerous occurrence. Under HASAWA 1974, the Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995(RIDDOR), organisation have to notify the authority of any fatal, major injury or dangerous occurrence by the quickest practical means i.e. telephone, then make a report within 10 days on the approved form 2508. If a minor injury sustained whilst at work results in 3 days absence from work then a written report must be submitted within seven working days of the accident. The HSE has the power to enter and inspect any premises, investigate accidents or dangerous occurrences at anytime without invitation where it considers there has been or may be dangers to health and safety.

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The HSE have powers to serve improvement, prohibition notices and bring prosecutions. Improvement Notices give employees a maximum of 21 days to take certain actions or make specific improvements. Prohibition Notices if there is imminent risk of injury then a prohibition notice will be served. This forbids with immediate effect the use of equipment or process until the fault has been rectified or risk significantly reduced. Prosecutions Under taken as a last resort for breach of HASAWA 1974. Penalties include fines or even prison sentences. Within Corus advice and information on Health and Safety issues can be obtained from The Works Health and Safety Manager whose responsibility is for all H&S including policies and ensuring Corus follows legislation of HASAWA 1974 and the MHSWR 1999. There is also, Works Health and Safety Advisors and each plant has a Health and Safety Facilitator both of which oversees aspects of H&S specific to their areas of work and are educated to at least NEBOSH Certificate. Within the HASAWA 1974 is The Safety Representatives and Safety Committees Regulations 1977(SRSCR). It gives legal rights to have Safety Representatives in the workplace. Safety Reps are volunteers appointed by trade unions to consult between management and employees on workplace issues concerning H &S and welfare. These safety reps meet with management monthly at Accident Prevention Meetings. Corus has a Works Safety Committee made up of Health and safety Management, Trade Union Reps, and Occupational Health Department and Safety reps to discuss H & S issues on a monthly basis.

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Paul Keeler M09078190 Managing Health and Safety

All information on Health and Safety issues can be found on the works Data base. Information and Training is communicated via team briefings, training manuals safety contacts (written documentation given on a 1-1 basis so fully understood), Induction and reviewed training, Emergency and Safe Working Procedures, Yearly training review programmes i.e. Manual handling, COSHH, fire fighting and prevention. Visits to and from the Occupational Health Department giving health screening and advice on health issues.

ACCIDENT PREVENTION
Accident or Incident? An accident can be defined as an unplanned and uncontrolled event which leads to ill health, injury to persons, damage to property, plant, environment or production losses and increased liabilities. ( Stranks 2006 p.88) An incident can be defined as a situation that does not result in injury to persons, damage or business loss- a near miss. Investigating near misses can help prevent accidents in future. The workplace should be a safe place, controlled environment where everyone has responsibility to health and safety and guided by legislation and works rules and policies. Safety can be achieved by identifying, assessing eliminating or controlling the risk of harm from hazards within the workplace. A Hazard is something that has the potential to cause harm. (Pardy 2007p.63) The Risk is the likelihood that harm will evolve from the hazard. (O Hara.2004)

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The potential for an accident to occur at Redcar Coke ovens mainly comes from tripping, slipping and falling. Moving machinery, working in Confined spaces, Gases and hot material, explosions or using the wrong equipment. The causes of accidents could be lack of training, supervision, information, instruction, maintenance, housekeeping, tiredness, not following safe systems of work including procedures, isolations, permits or the inadequacy of these systems. Corus approach to accident prevention entails a clear health and safety policy, realistic objectives and high achievable standards (housekeeping, behaviour). And provide the resources to achieve them. Management and team leaders carry out and act upon Rick assessments. Have clear systems of work in place including SWP, Permit control and supply the appropriate PPE. They ensure employees are highly trained have the skills and knowledge to carry out tasks safely. Communicate all safety aspects, explain rules and expected behaviours and develop a good team spirit. Monitor, keeping written records and review safety performances through spot checks, behaviour observations, near misses and competency checks. Encourage responsibility and employee contribution through safety reps and team working. Provide first aiders and Occupational Health to carry out health surveillance and encourages prevention of ill health If an accident does occur at work then the Team Leader has to take control, he should have been trained to handle an accident or emergency. Team members will have received training on emergency procedures and escape routes. Firstly he will assess the environment in which the accident has occurred, make the area safe so no one else gets hurt or avoid more damage, clearing the area if necessary. Taking appropriate action to get any assistance required from appropriate sources, i.e. trained colleagues, emergency services. Give first aid if possible.

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If the accident needs to be investigated or reported, nothing should be moved unnecessarily because this could destroy evidence. Facts should be written down regarding sequence of events, weather conditions, obtain statements from those involved and witnesses including names, take photographs. Further investigations may take place involving senior management. It is not the purpose of an investigation to find somebody to blame for the accident. (Pardy 2007 p.150)

RISK ASSESSMENT
Under the Managing Health and safety at Work Regulations 1999 employers must assess the risk to health and safety employees are exposed to whilst carrying out every task at work also to people not employed but could be exposed to risks from the organisations processes. The process of risk assessment is to identify the hazards, measure and evaluate the risks, then eliminate or put in place control measures to reduce the risk. To control risks and hazards the following actions could be taken; eliminate or enclose the risk, install a safety device i.e. limits, interlocks, barriers, guarding. Implement a Safe system of work or written safety instructions to reduce the risk or exposure to it. Provide better supervision; training, information and PPE. Finally monitor and review regularly. At Corus Risk assessments are carried out and reviewed regularly mainly by plant Safety Facilitators, Representatives and members of the management team. The assessment involves using the matrix system that calculates the potential of exposure to hazard X injury severity to give a Hazard rating Number (see appendix for copy of Matrix.) Taking in to consideration any control measures already in place.

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Example: using air lance to clean coal handling chutes. PPE already worn is hand, eye, head and foot protection plus flame retardant overalls. Hazard identified as getting dust in eye. Potential to exposure rating 15 X injury severity X 2 = = hazard 30

Using the scale on Risk Assessment Matrix the risk to Health and Safety from exposure to hazard is Very Low, so no action is required due to the Safe Working Procedure and PPE already in place are both adequate and sufficient. (See appendix for risk assessment).

ENVIRONMENTAL RESPONSIBILITIES
Organisations also have legal responsibilities to protect the environment including air, land and waterways from contamination from substances it uses or produces form its processes this statute legislation is the Environmental Protection Act 1990.(EPA) Corus also achieves and maintains the Environmental Standard ISO 14001. governments Environmental Agency. Under this legislation Corus has to obtain and work to limits within Permits to Operate and also show that they are using the Best Available Techniques (BAT) to minimise environmental impact. The legislation deals with air pollution including noise and odours and limits what can be omitted like dust and gasses into the atmosphere from operations. If Corus exceeds this limit it has to by law report to the Environmental Agency and could be fined or have improvement notices served. Environmental Protection is governed and enforce by local authorities and the

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The legislation deals with energy, its use of fossil fuels that produce carbon dioxide. The Government is committed to reduce the UK emissions of greenhouse gasses so encourages industry to use energy more efficiently and reinforces this with the Climate Change Levy. Hazardous substances are controlled under the COSHH Regs but within the EPA their storage and transport are regulated so not pollute the environment; substances including oil, Radioactive, pesticides and biological waste are covered. The contamination of land through organisation processes is a hazard to the environment and human health so under legislation the organisation is responsible for cleaning and reclaiming the land to its former. This can be very expensive so it is beneficial to protect the land from contamination. Waste disposal is governed by legislation, Corus has to store and separate its waste and use licensed companies to dispose of it properly. To ensure and encourage environmental protection and correct waste disposal Corus carries out internal pollution surveys, all processes are monitored constantly using up to date technology. Separate waste disposal and recycling skips are set out at designated areas. As part of routine monitoring team leaders observe team members carrying out their duties to help maintain environmental standards of operations and housekeeping. Part of the quarterly bonus scheme paid to all employees is based on environmental control. The combination of taxes, charges for permits and licences, and restrictions on certain activities is all designed to make it more attractive to organisations to minimise their use of energy and the production of waste. (Pardy 2007 p.56).

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APPENDIX

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REFERENCES
Stranks. Jeremy. Managers Guide to Health and Safety at Work. 2006.

Kogan Page. Wales Pardy. David. Managing Health and Safety at Work. 2007 Elsevier. Great Britain Lund. Rosalind. TUC guide to health and Safety. 2000. TUC. Great Britain. OHara, Nick. Safety through Leadership. 2004. Corus. Great Britain.

BIBLIOGRAPHY. HSE. Successful Health and Safety Management. 2008. HSE. Surrey. TUC. Your Rights at Work. 2000. Kogan Page. Great Britain. Rowell, Oliver. A guide to Employment Law. 2008. Straight Forward. Kings Lynn. Thompson, Rosemary. Managing People. 2006. Elsevier. Bodmin. Currie Donald. Introduction to Human Resource Management. 2008. CIPD.Norwich Floyd, David. Revise AS business Studies. 2000. Letts. Italy.

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