Professional Documents
Culture Documents
IG 1 Element 1
IG 1 Element 1
Safety
Element 2: How Health and Safety Management Systems
Work and What They Look Like
Element 3: Managing Risk – Understanding People and
Processes
Element 4: Health and Safety Monitoring and Measuring
Element 1
• Moral reasons.
• The moral reasons is free from any occupational accident and disease at the workplace to all
workers so that everyone returning home happily in healthy condition.
Financial Reasons
Financial reasons
• Any accident or incidence of ill health will affect the financial resources.
• Due to major accidents , organization get closed because of heavy losses incurred.
• Accidents damages its market values.
• Can make the organization out of business within no time.
Types of Cost involved
• Direct cost
• Indirect cost
• Insured cost
• Uninsured cost
Direct cost
• Direct costs are the costs which are directly related to the accident.
• “The cost to an organization which can be directly quantified or measured from the incident or
accidents is known as Direct cost. “
Examples of Direct cost
• Damage cost to buildings, equipment or vehicles;
• Claims cost on employers & public liability insurance;
• Maintenance cost of machinery & plant
• Production loss cost;
• Absence cost of employees.
• Fines(cost) resulting from prosecution by enforcement authority;
• Worker sick pay (cost);
• Repair cost to product, equipment, vehicles;
• Staff replacement cost;
• Increases in insurance premiums cost resulting from the accident;
• Compensation cost not covered by the insurance policy;
• legal representation cost following any compensation claim.
Indirect cost
These are costs which may not be directly attributable to the accident but may result from a
series of accidents.
The cost to an organization which can’t be immediately quantified or measured from the
incident or accidents is known as “Indirect cost”.
Examples of Indirect cost
• Production delays;
• Accident investigation time and any subsequent remedial action required;
• Product or process liability claims;
• Recruitment cost of replacement staff.
• Training cost of replacement staff;
• Extra overtime payments;
• Lost time for other employees, such as first-aid staff, who helps to injured person;
• Additional administration time incurred;
• Lower employee morale possibly leading to reduced productivity.
• Cumulative business loss;
• Loss of goodwill and a poor corporate image;
Insured Cost
Note : Insured cost are visible and can be easily calculated by Insurance Agencies.
Uninsured Cost
• Fines(cost) resulting from prosecution by enforcement authority;
• Worker sick pay (cost);
• Repair cost to product, equipment, vehicles;
• Staff replacement cost;
• Increases in insurance premiums cost resulting from the accident;
• Compensation cost not covered by the insurance policy;
• legal representation cost following any compensation claim.
• Loss of goodwill and a poor corporate image;
• Recruitment cost of replacement staff.
• Training cost of replacement staff;
• Extra overtime payments;
• Lost time for other employees, such as first-aid staff, who helps to injured person;
• Additional administration time incurred;
• Lower employee morale possibly leading to reduced productivity
Note : Uninsured cost are not visible many a times and can’t be easily calculated by Insurance
Agencies.
Compensation
The event of any injury / ill-health, the employer provides some relief in financial support
or legal support is generally called compensation.
• Fault Based Compensation
• No-fault Based Compensation
Social Expectations for Health and Safety
• OHS shall be covered under both civil law and criminal law
• OHS enforcement agency shall be appointed. Without the potential for a
litigation or regulatory action many employers may not act upon their
implied obligation to provide protection of employees through provisioning
of safe workplace, safe equipment/ material and making process as well as
workers safe.
• Apart from this, in many countries it is a specific legal requirement to
safeguard the health & safety of workers and others who might be affected
by the organisations operations such as contractors, visitors, public etc.
• Provision of employers liability insurance.
Role of International Bodies
International Bodies
Globally International Labour Organisation (ILO) which is an Agency of United Nations Sets international
standards for H&S by publishing:
Conventions, Recommendations ,Articles.
( https://www.ilo.org/dyn/normlex/en/f?p=1000:12030:::NO::: )
• Occupational Safety and Health Convention (C155) – a goal-setting policy for companies and nations.
• Occupational Safety and Health Recommendation 1981 (R164) – supplements C155 and gives more
guidance on how to comply with its policies
These guideline are available to member as well as non member countries. Most countries are members of ILO
and they use it to frame National Law.
Conduct research in the field of OHS, Collect and analyse data's on OHS world wide & publish reports.
Employers’ Responsibilities
ILO (International Labour Organisation)
ILO is built on the constitutional principle that universal and lasting peace can only be established if it is based upon
social justice.
• ILO does the Conventions (Total 189 convetions till date) and Recommendation in the field of
OSH.
• Conventions- If these conventions are ratified by enough governments, they come in force.
• Recommendations do not have the binding force of conventions and are not subject to ratification.
Employers’ Responsibilities
Article 16 of C155:
1.Employers shall be required to ensure that the workplaces, machinery, equipment and processes
under their control are safe and without risk to health.
2.Employers shall be required to ensure that the chemical, physical and biological substances and
agents under their control are without risk to health when the appropriate measures of protection
are taken.
3.Employers shall be required to provide adequate protective clothing and protective equipment to
prevent risk of accidents or of adverse effects on health.
Employers’ Responsibilities
• To give necessary instructions and training, taking account of the functions and capacities of
different categories of workers;
• To provide adequate supervision of work, of work practices and of application and use of
occupational safety and health measures;
• To institute organizational arrangements regarding occupational safety and health and the working
environment adapted to the size of the undertaking and the nature of its activities;
Employers’ Responsibilities
Article 10 of R164: ( obligation placed upon employer)
• To ensure that work organisation, particularly with respect to hours of work and rest
breaks, does not adversely affect occupational safety and health;
• To undertake studies and research or otherwise keep abreast of the scientific and
technical knowledge necessary to comply with the foregoing clauses
Summarizing
To Provide :
• Safe System of Work
• Safe Plant and Machinery
• Safe Place to Work
• IITS
• PPE
• Organizational arrangement
• Work Hours & Rest Breaks
• Excessive physical & Mental Fatigue
• Up-to-date with knowledge
IITS
IITS
• I- Information
• I- Instruction
• T- Training
• S- Supervision
Back to link
COMPETENCY
KATES
• K- Knowledge
• A- Ability
• T- Training
• E- Experience
• S- Skills
Back to link
Employee or Worker’s Responsibility
Employee /Worker’s Responsibility
As per Article 19 of C155 ensuring that workers—
(a) workers, in the course of performing their work, to co- operate in the fulfilment by their
employer of the obligations placed upon him;
(b)Workers to co-operate with the employer in the field of occupational safety and health;
Employee /Worker’s Responsibility
As per Article R164 Article 16.
(a)take reasonable care for their own safety and that of other persons who may be
affected by their acts or omissions at work;
(b)comply with instructions given for their own safety and health and those of others and
with safety and health procedures;
(c)use safety devices and protective equipment correctly and do not render them
inoperative;
(d) report forthwith to their immediate supervisor any situation which they have reason to
believe could present a hazard and which they cannot themselves correct;
(e)report any accident or injury to health which arises in the course of or in connection
with work
Employee’s / Workers’ Rights
Article 19 of C155 states that every worker must be:
1. Given adequate information on actions the employer has taken to ensure safety and
health.
2. Given the right to the necessary training in safety and health.
3. Consulted by the employer on all matters of safety and health relating to their work.
4. Given the right to leave a workplace that he has reason to think presents an imminent and
serious danger to his life or health, so he will not be compelled to return until workplace is
safe.
Role of National Governments
• Frame OHS Law based on ILO guidelines
• Appoint enforcement Agencies to ensure compliance of OHS
Rules & Regulations.
• Set up Employers Liability insurance schemes
• Promotes charitable organisations spreading the message of OHS.
Assignment for submission
The driver and their fellow pedestrian, may have contravened some of their
responsibilities as workers.
• Comment on the extent to which ILO R164 A19 (employee responsibility )may
have been contravened? (10)
Note: You should support your answer, where applicable, using relevant
information from the scenario.
Attention
During examination some times they may specify an ILO guideline and ask you to
relate your answer to it:- eg: International Labour Organisation Convention C155 –
Occupational Safety and Health Convention, 1981 (No.155) Article 19 and
associated Recommendation R164 – Occupational Safety and Health
Recommendation, 1981 (No.164) recommendation 16.
Answering Technique: PELE
Explain moral reason for managing safety?
Laws protect our general safety, and ensure our rights as citizens against abuses by other
people, by organizations, and by the government itself.
• The legal reasons concerning the employer’s duty of care in criminal and civil law.
• Legal enforcement indicate the legal consequences resulting from breaches in health and
safety law.
• Responsibilities of the employer to implement Rules & Regulations at the workplace for
ensuring the safety at workplace.
Legal reasons
• Legal Laws ( Civil Law , Criminal Law )
• Prosecution by Enforcement Agencies if breach of law
• HSWA 1974 ( Health and Safety at Work Act 1974)
• MHSWR 1999 (Management of Health and Safety at Work Regulations)
• RIDDOR 2013 (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations)
• ILO Conventions and Recommendations (e.g.R164 & C155)
• Statutory guidelines & requirement
• National Laws & Local Laws
What Enforcement agencies do and
what happens if you do not comply?
The Role of Enforcement Agencies
Enforcement Agencies take enforcement action against the duty holders If they fail to achieve ILO
Convention and recommendation or national laws:
It may lead to enforcement action by the authorities including prosecution, penalties , punishment
before the courts.
The Role of Enforcement Agencies
• Responsible for enforcing health and safety laws,
• Provide H&S policy
• Advise on H&S guidelines
• Deal immediately with serious risks (so they prevent harm)
• Investigate workplace accident,
• Take formal enforcement action for not complying with law
• Start criminal proceeding
Role of HSE Inspector and the Law
H&S laws applying to your business are enforced inspectors or by officers from your
local authority.
HSE inspector’s role is to:
•Investigate (when accidents have happened or a complaint is made) whether people are at risk,
to find out if something has gone wrong.
•Require you to take action to control risks properly if you are not already complying with the law.
•Provide advice and guidance to help you comply with the law and avoid injuries and ill health at
work
Role of HSE Inspector and the Law
HSE inspector’s role is to:
•Take appropriate enforcement action in relation to any non-compliance, ranging from advice on stopping
dangerous work activities to potentially taking prosecutions where people are put at serious risk.
•Inspectors have the right of entry to your premises as well as the right to talk to employees and safety
representatives, and exercise powers to help them fulfil their role.
•Hse operates a fee for intervention (ffi) cost recovery scheme. If you are breaking health and safety laws, HSE
may recover its costs from you by charging a fee for the time and effort it spends on helping you to put the
matter right, such as investigating and taking enforcement action.
Role of HSE Inspector and the Law
HSE inspector’s role is to:
•If an HSE inspector visits your premises and you want to confirm their identity, they all carry
identification and you can ask to see this.
•Inspectors and local authority officers prioritise the highest risks and those businesses which fail
to manage health and safety properly.
What happens if you do not comply?
Consequences of non-compliance
Breach of H&S legislation is a criminal offence leading to:
1. Enforcement action:
• Issue verbal advisory or warning
• Issue written Improvement notice or Prohibition notice
• Withdrawing approvals
• Varying licenses, conditions or exemptions
2. Fines:
• The enforcement agencies (e.g. labor inspector , Pollution control Board Authorities ) can still control
the fulfillment of the legal obligations and can impose punishments & penalties.
3. Prosecution in Criminal Court :
• Outcome may be fined or imprisonment for individual or Organization.
Consequences of non-compliance
4. Legal action :
• Against employee or employer (banned from the job / business)
5. Claiming compensation :
Financial compensation to workers, who become ill-health or involved in accidents , may
include:
• Indemnification – as per harm or Loss
• Monetary benefits - Remuneration
• Deferred compensation
Formal Enforcement Action
(Improvement Notices and Prohibition Notices)
• Enforcement agencies may serve an improvement notice for specify the period for compliance
and in that period the recipient of the improvement notice may lodge an appeal with the
employment tribunal.
• Enforcement agencies may serve a Prohibition notice on employer / organization the activity in
question has been carried on but has been temporarily suspended as a result of an accident
Why an Organization is complying the Legal requirement?
Breach of H&S legislation is a criminal offence leading to:
1. To Avoid the Enforcement action:
• To avoid the Improvement notice or Prohibition notice
• Prevent legal authority to Withdrawing approvals
• Protect from Varying licenses, conditions or exemptions
2. To avoid Fines/ Punishment / Penalty
• The enforcement agencies (e.g. labor inspector , Pollution control Board Authorities ) can still control the fulfillment of the legal
obligations and can impose punishments & penalties.
3. To avoid Prosecution in Criminal Court :
• Outcome may be fined or imprisonment for individual or Organization.
4. To avoid Legal action :
• Against employee or employer (banned from the job / business)
why an Organisation shall prevent accidents?
– Prevent financial loss
– Prevent enforcement action
– Prevent loss of employees confidence
Caution
1. NO copy and paste.
2. No collaboration with other students.
An employee at your workplace has been seriously injured in a
workplace accident.
Identify the possible effects and implications of this accident on the
a. Injured employee.
b. Company.
c. Line manager.
• Injured employee:
– Pain and suffering, lost time/wages, impact on family, on-going impact on work.
• The company:
– Payment of sick pay, overtime cover for employee, recruitment costs for
replacement, insurance claims, fines/prosecutions, increased insurance premiums.
• The line manager:
– Loss of skilled member from team, time and cost of retraining replacement, effect
of overtime cover on shifts.
Purpose & Benefits: Employers liability Insurance
• Purpose
To provide financial assistance to victim of an accident irrespective
of financial condition of employer.
Benefits
Employee
• Receive financial compensation irrespective of
financial condition of employer
• Gives moral confidence to undertake high risk
activities
• Employer
Receive financial assistance following an accident if premium is
paid covering all foreseeable accidents and no violation of law
occurred.
• Governments
Gets reports of legal compliance through
insurance audits.
ELEMENT 1.3
Who does what in
organizations
Who Does What in Organisations
Duties of Directors and Senior
Managers in OHS
– set up a OHS policy,-to demonstrate clear commitment and leadership towards
OHS, meet legal requirements
– allocate roles, responsibilities for OHS at all levels in
organisation. Give an organisation its direction,
– Set priorities for OHS & ensure that all activities taking place within
organisation is as per SSW.
– Allocate reasonably practical resources for OHS and
appoint competent persons.
– Ensure regular monitoring of OHS perormance
– Consult with workers on OHS matters
– Ensure regular review of OHS policies and procedures.
– Ensure regular Audits for continual improvement.
How Top management can demonstrate
commitment
•To the extent that they have control, controllers of premises are
responsible for ensuring that the premises are safe to use as a
workplace, and that there is safe access to it and egress from it.
Client & Contractor
Who is client?
A person or an organization that authorized/ engage a contractor- as vendor/ service
provider/ suppliers/ out sourced for various work / job / service/ supply requirements.
Who is contractor?
A person or an organization (as a vendor/ service provider/ suppliers/ out sourced)
engaged to do certain work / job/ service/ supply requirements time to time by the client
(employer or organization)
How a client manages contractors to prevent accident :-
2.The contractors, who specialise in the carpark modification method, are ready to
start work having been issued with a permit-to-work.
Based on the scenario only, discuss how effectively the contractors will be
managed by the organisation during the modification. (10)
Planning the Work
•Information to be shared between client
and contractor:
• Client will inform Hazards posed by the site and work carried out.
• The contractor will inform Hazards posed by his activities.
• Carry out Risk assessments by contractor.
• Submit Method statements.
Co-ordination of Work
Arrangements between the client and all contractor to ensure
activities don’t conflict.
A joint meeting will be arranged by Client with all contractors &
subcontractors to ensure:-
– Sharing of information about hazards , risk, precautions &
emergency procedures.
– Client Make project OHS policy.
– Appoint Key contacts, e.g. works foreman identified to ensure
continuity.
Monitor and Control the work
Clients must:
• Provide induction training
• Sign in-out procedure
• Appoint foreman (for all communications)
• Monitor the work to ensure safety.
• All high risk activity under PTW from client
• The client can: Stop the work if it involves unsafe practices.
•Conduct Auditing against agreed method statements.
Duties of Client (Controller of Premises)
• Ensure only Competent Contractors/Sub
contractors are working in the premises.
• All information about hazards present in the premises need to be
shared with Joint Occupiers
• Ensure all joint occupiers are carry out Risk assessments,
Developing SSW, Control measure, Emergency procedures.
• Ensure all joint occupiers are submitting
method statement.
Duties of Client (Controller of Premises)
• Ensure all joint occupiers are sharing information about
Hazards, Risk, Precautions, Emergency procedures,
Communication among each other & client.
• Make project HSE policy.
• Appoint key contact people for communication.
• Provide Induction training
• Control movement of Men/ Material in site with sign in-out
procedure
• Monitor, Audit Joint occupier activites
• Issue PTW for High Risk activity
• Ensure regular reviews as and when required.
Duties of Joint Occupier
• Carry out Independent Risk assessment on all activities done by them, Identify
Hazards, Risk, develop Controls, Emergency procedure & Communication.
• Sharing of information about Hazards, risk, controls, emergency procedures,
communication with other joint occupiers & client.
• Ensure all workers under them are competent
• Obey OHS rules/policy set by client
• Ensure all employees are provided with PPE & correctly
using it.
• Attend all training/meetings arranged by client/ other joint occupiers.
• Report all accident/ ill health/ near miss to client
without fail.
Explain how two organization who have the same work place can work together to ensure that good health and
safety standards are achieved.
They must have an independent risk assessment on all the ACTIVITES undertaken by them, Make Own employees
safe, Report all incidents to client, Obey OHS policy of cleint.
There after for sharing;-
They can consider and have a joint co-ordination committee
They can have a common procedure for handling visitors to the premises
They can decide and have common assembly point or master point for assembling during and emergency
They can have a common emergency siren code
The route and movement of personnel and vehicles can be jointly coordinated and synchronized to avoid
or prevent any difficult (conflict)
They could consider and have a joint health and safety committee or council to sharing or exchange of
information or knowledge on the subject
They could share together a safety alerts, Hazard information, control measures, Emergency
communications.
They could conduct joint safety training program on common subjects such as Fire prevention and fire fighting,-
First aid,- Manual handling of material,- Electrical safety Working at height,- Emergency management
They can consider and joint mock drill exercise for emergency control
They can co-ordinate the use of all means of communication e.g.: telephone, fax, etc…
They can jointly decide who should do what during an emergency.
They can share certain common resources. e.g.: toilets, wash room, canteen, medical central or first aid facilities
and fire facilities
Barriers to Good Standards of H&S
• Behavioral issues:
People failing to act safely as desired (unsafe acts), or making
mistakes (unsafe conditions) that can lead to accidents .
Eg:- not using PPE correctly.
• Complexity of the workplace.
Various activities, different category of People, Variety of equipment and material when work
together at one place makes it a complex phenomena increasing the chance of accidents.
• Conflicting demands:
The need to finish the job with in targeted time period may face conflicts from OHS
requirements in terms of:-
o Timescales.(Overtime & no trainings, Maintenance etc)
o Standards, Legal requirements( Fire safety X Environment law)
o Budgets.( no money for resources)
Why might the management of an organisation not consider health and safety
to be a priority?
• Ignorance of legal duties
• Lack of care for staff welfare
• Focus on output and profitability at expense of worker well- being
• Cost to the business – taking a short-term view
• Ignorance of true cost to the business of worker ill health
• Competition within the business for access to limited funds
• Unwillingness or lack of resources to devote time to H&S management
• Failure to perceive hazards in their operations
• Cavalier attitude to the management of risks
Assignment
Task 1: Discussing moral reasons for managing health and safety
1) You have been asked to chair the health and safety committee meeting. Before the meeting, you
decide that you will open the meeting by reminding everyone of moral expectations of health and
safety.
Prepare notes of the moral arguments you will use at the meeting. Note: You should support your
answer, where applicable, using relevant information from the
scenario.
Task 4: Financial arguments for the store manager to improve health and safety
4) Based on the scenario only, what financial arguments could you use to
convince the contract manager that health and safety need to be improved? (10)
Assignment
Task 5: Explaining to the managers the obligations of employers to workers
5)What employer obligations are likely to have been contravened, leading to the Car parking incidents in this scenario?
You only need to consider those obligations placed upon employers under “Recommendation 10 of International Labour Organisation R164 –
Occupational Safety and Health Recommendation,1981 (No. 164)”.
Note: You should support your answer, where applicable, using relevant information from the scenario. (10)
6) The workers ( the driver and the pedestrian) involved in the incident may have contravened some of
their responsibilities as workers within International Labour Organisation Convention C155 – Occupational Safety and Health Convention, 1981
(No.155) Article 19 and associated Recommendation R164 – Occupational Safety and Health Recommendation, 1981 (No.164)
recommendation 16.
Comment on the extent to which Article 19 of C155 and recommendation 16 of R164 may have been
contravened.
Note: You should support your answer, where applicable, using relevant information from the scenario. (10)
Assignment
Task 7: Managing contractors
7 ) Organisation management have accepted your proposed health and safety improvement solution to modify the work
area arrangement. They have made the budget available. The organisation intends to use external contractors for the work.
When selecting the external contractors, what would you consider when assessing their competence? (10)
2.Explain how health & Safety is regulated in a country and what are
the consequences of non compliance of it?(10 Marks)
Practice Questions
1.what types of barriers may be present within an organization in
relation to accepting health and safety? (8)
2. explain the purpose of employer liability insurance? (3)
3. List six costs of an accident which might be uninsured.(6)