UNIT 3 SAFETY LAW Part 1 Aim of this lecture Give you a basic - - PowerPoint PPT Presentation

SAFETY MANAGEMENT & SITE ESTABLISHMENT

UNIT 3 SAFETY LAW Part 1

Aim of this lecture

• Give you a basic understanding of the main

safety legislation that applies to the construction industry in the UK

LEGAL STRUCTURE

• ACTS OF PARLIAMENT

(statute/law enacted as primary legislation)

• REGULATIONS

(created based on Acts and go into detail about a particular topic)

• APPROVED CODES OF PRACTICE

(Provide practical details and advice on the best ways to comply with regulations)

• CODES OF PRACTICE (Not laws; gives guidance for industry

members to follow)

What’s the difference between Acts, Regulations and Codes

• f Practice (CoPs)?

What construction activities need to be controlled by the law?

MAIN LAWS

 Employers’ Liability (Compulsory Insurance) Act  Health & Safety at Work etc Act  Control of Substances Hazardous to Health Regulations (COSHH)  Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)  Personal Protective Equipment at Work Regulations  Manual Handling Regulations  Confined Spaces Regulations  Lifting Operations and Lifting Equipment Regulations  Control of Asbestos at Work (Amendment) Regulations  Electricity at Work Regulations

• The Construction Design & Management

Regulations 2007 (CDM) are discussed separately in Unit 4.

• CMD 2007 is being replaced by CMD

2015…

 Almost all of the common safety standards in construction are covered by different laws  In the UK these controls can be enforced by inspectors  Punishments for breaking the law including fines and prison sentences.  This is not the case in many other parts of the world

• People have no legal liability against others
• People won’t learn lessons from critical incidents
• Many workers being killed
• High accident rates
• High business losses
• Poor performance (time, cost, quality)
• Reduce the image of the construction industry
• Young people getting reluctant to join the industry
• Etc.

What difference do you think it makes when there are no safety laws, or when the laws are not properly and fairly enforced ?

The Corporate Manslaughter and Corporate Homicide Act 2007

• Is a landmark in law
• Companies and organisations can be found guilty of

corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care

• Came into force on 6 April 2008
• Clarifies the criminal liabilities of companies where serious

failures in the management of health and safety result in a fatality

The Corporate Manslaughter and Corporate Homicide Act 2007

• Not part of health and safety law, but it introduces an

important new element in the corporate management of health and safety.

• Prosecutions will be of the corporate body and not

individuals, but the liability of directors, board members

• r other individuals under health and safety law or

general criminal law, will be unaffected

Employers’ Liability (Compulsory Insurance) Act 1999

• Under this Act employers are required by the law to

insure against liability for injury or disease to their employees arising out of their employment

• The legislation ensures that sufficient funds will be

available to compensate an employee or former employee who successfully claims damages for injury or illness resulting from work

• Employers’ liability insurance is a compulsory

requirement for all employers under this Act

Health and Safety at Work etc Act 1974 (HASWA)

AIMS AND SCOPE –

– Comprehensive legal framework – General duties for several groups – Covers the general public – Gives power to make regulations which contain much more specific duties – Gives power to make ACOPS (Approved Code of Practice)

General duties under the HASW Act:

• PLACED ON SEVERAL GROUPS
• Employers, employees, self-employed,

manufacturers (including designers, importers and suppliers) and people who control work premises.

EMPLOYERS DUTIES

• The first part, Section 2 (1) of HASWA says

that : Employers must ensure the safety, health and

welfare of all their employees, so far as is reasonably practicable. This is often referred to as the “General duty of employers to their employees” and is the greatest and most influential part of all the safety laws. Discuss the implications of this section and identify any controversy…

Ensure

• “Ensure” - this means safety must be pretty

much guaranteed, and that great effort must be put into making sure something is safe. It places safety securely in the position of first priority.

So far as is reasonably practicable

• this brings in the two principles that safety

must be possible to achieve (practicable), and not so expensive as to be unaffordable (reasonable).

• How do we decide this ?

So far as is reasonably practicable

 The test for how much expense is too much is a severe test however.  It has nothing to do with whether an employer can afford to pay for safety measures – so poor or small employers cannot avoid their duties by claiming this.  The test is that the …check the relationship of SAFETY and COST

Specific duties

Classroom Activity: Identify what specific measures employers can take to ensure that safety is guarantied “so far as is reasonably practicable” in the following headings: Plant (equipment) and systems of work (practices); Use, handling, storage and transport of articles (things) and substances (chemicals and materials); The means of information, instruction, training and supervision of employees; The workplace itself and access/ ingress– including in an emergency, working environment and welfare facilities You need to present your findings as a poster and a 5 minutes speech to your classmates.

• In Section 2.2 HASWA, it goes on to expand
• n these and gives 5 categories of particular

things that employers must do, so far as is reasonably practicable. These are :

Specific duties

• 1. Plant and systems of work:
• To provide and maintain plant

(equipment) and systems of work (practices) that are safe and without risks to health;

• 2. Use ,handling, storage and

transport

• To ensure that the use, handling, storage

and transport of articles (things) and substances (chemicals and materials) are safe and without risks to health;

• 3. Information
• To ensure that employees have the information,

instruction, training and supervision they need to be safe;

• 4. Access and egress
• To ensure that the workplace itself is

safe and that there are safe ways to get to it and away from it – including in an emergency;

• 5. ENVIRONMENT AND WELFARE
• To provide and maintain a working

environment that is safe, free from health risks and has adequate welfare facilities (e.g. toilets, washing facilities).

• Sections 2(1) and 2(2) are intended

between them to cover pretty much every imaginable work situation, and they have been successful.

• Can you think of any situation they would

not apply to ?

Other duties for employers

• Duty to ensure the safety of all others not in

their employ, but who may be affected by the work.

• SUBCONTRACTORS
• PUBLIC
• VISITORS
• CHILDREN

Others with duties

 Sub-contractors: have same responsibilities as main employer.  Self employed: have duties to care for themselves and ensure that their activities do not affect the safety and health of others.  Employees: The Act also puts a duty on all employees to take care for themselves, not to endanger others, not to tamper with safety equipment, and to assist employers in carrying out their duties under the Act.

• Designers, manufacturers, suppliers, importers:
• f any article or substance must ensure that it will

not endanger users. The Construction Design and Management Regulations (CDM), made under this Act, now give much more detail about building designers’ duties (see unit 4)

• Landlords and building owners anyone who

provides a building, or land, for use as a workplace must make sure that it is safe and suitable for the intended use, and that there are safe routes of entry and escape

Result

 the Act puts responsibilities upon all parties at work to protect themselves, those they employ, and those they work with.  When you add the responsibility to protect the general public, you can see that the Act has a very broad scope, with many duties and responsibilities being placed upon all parties involved in a work

• peration.

But how?

The main tool to be used in organizing and managing safety is referred to as RISK ASSESSMENT We shall look at this in detail in a later unit (unit 6), but it is important to remember that this is

• nly a method of safety management – it is not

an answer in itself.

Enforcement of the health & safety at work act

 By Safety Inspectors, appointed by Enforcement Authorities under Section 19 of HASWA  Enforcement Authorities are the HSE and Local Councils  Safety Officers / Advisers / Consultants etc. are different and have no enforcement powers  The HSE has a specialist division dealing just with construction

Inspectors’ powers

 Very wide ranging  Power of entry to inspect – refusal is an offence  Preserve the scene of an investigation; take measurements, photos and samples; seize plant, equipment and substances; inspect and take copies of documents  Interview and take statements; require answers to be given and a declaration of truth to be signed. Refusal is an offence. Even the Police do not have this power  But no power of arrest

Plus

• An Inspector can use any other power they deem

necessary in order to enforce the HASWA.

• This is an extraordinary power which does not

exist in any other piece of UK law. Question: What are the day to day implications of these inspections on a construction company?

Sanctions

 Verbal warning or advice – still binding  Informal letters  Enforcement notices – 2 types – Improvement and Prohibition Notices  Criminal prosecution Also – (but not under HSE control)

 Civil suit (being sued)  Insurance premiums raised  Loss of reputation and business

Improvement notice

Served when any law is broken

• At least 21 days to comply
• Inspector says which law broken and why
• May say how to fix it – but need not do so. May

refer to Code of Practices etc.

• Used for less urgent matters – if high hazard and

risk then the time delay is inappropriate.

Prohibition notice

 Used where risk of serious personal injury exists  Specifies the dangerous activity to be stopped  Immediate or deferred effect  Same as a ‘Stop Work Notice’  Can be used to close whole sites or parts of a site, or an activity or process no matter where it happens  Lasts until lifted

Prosecution

• Usually company – sometimes workers – more common

for individual directors now.

• May be lower courts (Sheriff or Magistrates) or higher

courts (High Court of Justiciary or Crown Court)

• Penalty may be imprisonment, fines, and costs.
• 6 months plus max £20K in lower courts
• 2 years plus unlimited fines in higher courts

Safety policies

• The introduction of Safety Policies was one of the most revolutionary

changes brought in by HASWA. The Act requires every employer to have a safety policy. If there are 5 or more + employees then the policy has to be in writing.

• The purpose of the safety policy is to ensure that employers think

carefully about the nature of hazards at the workplace, and about the measures that should be taken to provide a safe and healthy working environment for all.

• The safety policy should not just be considered as a legal obligation

but as an economic tool, under the principle that safer sites make more money. Details of how to write a Safety Policy can be found in the HSE leaflet HSC6, Writing a safety policy statement. We will look at safety policies in more detail in the Safety Management Unit.

Specific regulations

COSHH (The Control of Substances Hazardous to Heath Regulations) Six main requirement for employers are: 1. Assess the risks 2. Decide on precautions 3. Prevent or control risks 4. Ensure controls used and maintained 5. Monitor exposure /surveillance 6. Inform, instruct and train workers Question: Look at the COSHH chart and apply it to the use of “Solvent” for synthetic paint on a construction site

• 1. Assess the risk
• Regulation 6 requires all employers to assess

health risks from hazardous substances.

• This is the key requirement - known as a

COSHH Assessment

– Identify substances and hazards – Site / use assessment – Degree and frequency of exposure. Exposure assessment (EH40) MEL and OES.

• 2. Decide on precautions
• 3. Prevent or control the risk

 Prevent exposure when possible  Control it when not possible – or do not do the

work !

 Wet working to suppress dust  Water based not solvent based  Enclosure of process / machine  Reduce exposure time  Ventilation (LEV or blowers)  Housekeeping  No smoking eating/drinking  Sanitation and hygiene  PPE /RPE  Training

But which to use in what order ? (See Hierarchy of Controls later)

Substance, Process Control equipment Way of working Managing

Cleaning with solvent on rag Fume from cutting demolition scrap

Substance, Process Control equipment Way of working Managing

Cleaning with solvent on rag

• Use a rag

holder.

• Provide a small

bin with a lid for used rags

• Avoid skin

contact.

• Reduce solvent

vapour from used rags

• Check controls

are used

• Safe disposal

Fume from cutting demolition scrap

• Ventilated

welding helmet, gloves.

• Washing

facilities

• Work outdoors

upwind of the fume wherever possible.

• Allow the fume

to clear before removing helmet

• Check if there is

any lead paint

• n the scrap

being cut.

• Carry out health

checks

1 3 5 2 4 6

• 4. Ensure control measures are used and

maintained

• Make sure controls are in place and used properly
• Maintain all equipment
• Inspect systems
• Inspect work practices
• Keep records of checks

What are the challenges in ensuring control measures are used and maintained? In practice how would you do this?

• 5. Monitor exposure and health

surveillance

• Test and check levels properly
• Calibration of monitors
• Training of testers
• Anticipate changes in levels
• Health surveillance for some types of exposure – records

kept for 40 years. Question: Provide examples of tests, health surveillances and monitors

• 6. Training and information
• Types of substances
• Likely exposure
• Possible health effects
• Controls measures to be used
• Monitoring arrangements
• Health surveillance measures if needed
• Types of PPE needed, and reasons why
• Emergency procedures

PPE

Personal Protective Equipment at Work Regulations

• To protect from risks which cannot be controlled by any other method

(SFAIRP)

• Provided free of charge
• Suitable for use and user
• Maintained or replaced
• Storage facilities must be provided for PPE when it is not in use
• Information, instruction and training
• All employees must wear PPE as instructed by the employer
• Practical examples
• Every self-employed person shall ensure similar provision for himself.

Activity: Discuss the key contents for a PPE training? What should it include?

Bring your laptops for the tutorial