IIRSM Qatar 20 th February 2018 Presented by: Balamurugan A Before - - PowerPoint PPT Presentation

IIRSM Qatar

20th February 2018

Presented by: Balamurugan A

Before we start

CROWNE PLAZA SAFETY ORIENTATION VIDEO

Welcome & Announcements

Welcome to: -

• All of our members and visitors, especially

those attending for the first time;

• Representatives of our sponsor DISS;
• Our guest participants: Viv & Roque
• Sponsor participants: Robert Wafula

Agenda

• 01. Legal Focus – The Law behind the Regulations - Mr. Viv
• 02. Presentation – 01. Health & Safety Culture – Mr

. Robert

• 03. Lessons Learned – Mr

. Viv

• 04. Networking:
• Introductions
• Networking Topic – Case Study discussion
• 05. Presentation – 02. Permit to Work – Mr. Roque
• 06. Other Business

Legal Focus Viv Turner The Law behind the Regulations Health and Safety Case Law

The Law behind the Regulations

Tell me and I may forget, show me and I may remember, involve me and I will understand. Confucius

The Law behind the Regulations

• Health and Safety has been around for

centuries – the ‘Duty of Care’ dates back to at least 1066 (and probably long before that).

• Parliaments/Governing Bodies implement

legislation (and subordinate regulations), but it is the Judges that interpret their meaning/objective.

The Law behind the Regulations

Negligence

• The landmark case of Donoghue v

Stevenson (1932) established a number of elements in Negligence.

• A person was injured after drinking a bottle
• f ginger beer that contained a slug.
• The Court (House of Lords) established: -

The Law behind the Regulations

Negligence

• Negligence is the failure to take care

(through your acts or omissions) not to damage the person or property of another.

• To prove negligence the following

standard conditions must be satisfied: -

The Law behind the Regulations

Negligence

• that a duty of care was owed (the neighbour test);
• that the duty was broken;
• that the loss was as a direct result of the breach of

the duty.

• It also established the Extent of Duty of Care as

being: -

The Law behind the Regulations

Negligence

• proximity – how close/far someone is from

the potential hazard/risk;

• reasonableness – the assessment of risk

(magnitude x likelihood);

• foreseeability – could the outcome have

been foreseeable (predicted) by any reasonable person.

The Law behind the Regulations

Reasonableness

• The landmark case of Paris v Stepney

Borough Council (1951) further defined the scope of Reasonableness.

• A worker with only one eye was blinded by

a rusted metal chip, his employer said it was not usual to provide goggles for the type of work the IP was undertaking.

The Law behind the Regulations

Reasonableness

• The Court ruled that: -
• the Duty of Care had been breached by not

providing suitable PPE;

• that the magnitude of risk was greater for

the IP;

• individual needs must be taken account of

(think of young persons and pregnant women).

The Law behind the Regulations

Reasonable Care (employer to employee)

• Wilson & Clyde Coal Co. V English (1938)
• An employee was injured when some plant was

set in motion whilst he was leaving a mine. Wilson’s & Clyde Coal Co. had employed an agent responsible for mine safety. The House of Lords ruled that an employer can delegate performance but not responsibility and that employers must take reasonable care to provide

The Law behind the Regulations

Reasonable Care (employer to employee)

• Wilson & Clyde Coal Co. V English (1938) cont.
• Proper and safe plant and appliances for work
• A safe system of work with adequate

supervision and instruction

• Safe premises (including access and egress)
• Competent staff of fellow employees

The Law behind the Regulations

Reasonably Practicable

• Marshall V Gotham & Co. Ltd (1954)
• A mine roof collapsed killing a number of men

(including Marshall). The duty to make the roof secure was not found to be absolute, but a qualified one “so far as is reasonably practicable” and found in favour of Gotham & Co.

• Since this ruling courts will not hold that

something is not “reasonably practicable” if it is shown to be practicable.

The Law behind the Regulations

Absolute Duty

• Summer & Sons V Frost (1955)
• A worker at a grindstone injured his thumb when it came

into contact with the stone (the guard was not sufficient). He brought an action against his employer for breach of a statutory duty to fence dangerous parts.

• The case was appealed and on appeal it was found in

favour of Frost as the court held that the danger was reasonably foreseeable and there had been no contributory negligence.

The Law behind the Regulations

Absolute Duty

• Summer & Sons V Frost (1955) cont.
• It also established that it was an Absolute Duty

to guard dangerous parts of machines and that where this was not possible use should be prohibited.

• A secure fence is where the presence of such a

fence make it no longer dangerous to be used.

The Law behind the Regulations

Absolute Duty

• Summer & Sons V Frost (1955) cont.
• It is enough to show a part to be dangerous by the

mere fact of an accident, the test is that before the accident that such an outcome was reasonably foreseeable.

• A part of a machine may be dangerous although it

may only be so to a careless or inattentive

• perator.

The Law behind the Regulations

Absolute Duty

• Uddin V Associated Portland Cement (1965).
• A worker entered into an unauthorised area (to catch a

pigeon) and was injured.

• He took proceeding against the company for breach of an

statutory (absolute) duty to guard dangerous machinery/parts which was upheld.

• However the company’s defence with regard to his

injury was Contributory Negligence which was also upheld and 80% of the blame (for the injury) apportioned to Mr Uddin.

The Law behind the Regulations

And it still happens…….

The Law behind the Regulations

And it still happens…….

The Law behind the Regulations

And it still happens…….

Legal Focus The law exists because people have had accident, to try and prevent history repeating itself

Legal Focus

Any questions?

Agenda # 2

• Presentation 01 – H&S Culture – Mr. Robert

Agenda # 3

• Local Accident & Lessons Learned – Mr. Viv

Agenda # 4

• Networking

• 4a. Timeline Exercise
• Volunteers can take 2-3 mintues each topic.
• First I will then visit each “decade”, and give you a

topic

Agenda # 5

• Presentation 02 – Permit to Work (PTW)

Agenda 6

• Other Business

(now is the time to raise questions from work)

Other Business

Other Business

Other Business

Oyebande Waheed Takou Evariste Mehboob Reza Ajibade Lateef

Upcoming Events and Meetings

March

20 (Tuesday) IIRSM Meeting – Crowne Plaza Hotel

Upcoming Events and Meetings

March

01 Gulf Expo – t.b.d 19-21 International Sustainable Energy Conference - DECC 20 IIRSM Meeting – Crowne Plaza Hotel 25-26 International Conference on Environment – Mercure Grand Hotel

Upcoming Events and Meetings

2018

28 April – UN World Day for Safety & Health at Work 06-07th MAY – Qatar HSE & Fire Safety Conference - Marriott Marquis City Centre Hotel 05 June – UN World Environment Day

A Word of Thanks

• To our sponsor DISS for support of the branch

for the first quarter of this year.

• Thanks to Viv, Robert and Roque for their

participation

• To all of you, our members and visitors, for

making the effort to attend and support IIRSM.