IIRSM Qatar 20 th 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 The Law behind the Regulations Health and Safety Case Law Viv Turner
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 of 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 operator.
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 06-07 th 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.
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