Modern Safety Concept

Best of Both Worlds – Safety &

Productivity
Past Sentiments –
Safety as added cost/expense; slows down
operations

Today’s Views –
Safety as investment with a positive return in the
sense that a safer workplace boost employee
morale
 Safety is NOT counterproductive

• Safety and productivity go hand in

hand
Health and Safety in British
• Health and safety at work isn’t usually considered very
newsworthy,
• it only seems to get talked about when there is a major disaster.
• In Britain the events as the
– Zeebrugge ferry disaster,
– the Kings Cross fire,
– the Piper Alpha oilrig fires, and
– the Clapham railway crash
• But, there are still 500 deaths and about 400,000
injuries at work every year, these rarely make the
news.
History of Health and Safety Legislation

• The industrial revolution changed the country from a rural economy to

one based on industry.
• Generally, the new factory owners were driven by profit and not the
well being of their workers.
• It soon became apparent that safe working conditions would only be
established by legislation.
• The first Health & Safety Legislation, An Act for the Preservation of the
Health and Morals of beginner and others employed in cotton mills and
other factories.
• In an attempt to provide a comprehensive code applicable to all types
of industry the Factories Act was introduced. Amendments were made
throughout the nineteenth and twentieth century’s conclude in the
Factories Act 1961; many of the provisions in this Act are still in force.
 History of Health and Safety Legislation
• In 1970, a committee on Safety and Health at Work was set
up under the chairmanship of Lord Robens. Its terms of
reference (TOR) were: -
"To review the provision made for the safety and health
of persons in the course of their employment... to
consider whether any further steps are required to
safeguard members of the public from hazards, other
than general environmental pollution, arising in
connection with activities in industrial and commercial
premises and construction sites and to make
recommendations."
History of Health and Safety Legislation

Report of the Robens Committee 1972

• Comment from the Robens Committee report-
– Lack of Interest is the greatest single contributing factor to
accidents at work
– This attitude will not be cured so long as people are
encouraged to think that health and safety at work
– Committee was convinced that the primary responsibility for
safety at work lies with the people who create and work with
the hazards.
– At the time of the Robens Report there were about 700
inspectors in the Factory Inspectorate.
– The report itself envisaged this rising to about 1000 with the
recommended new legislation
 History of Health and Safety Legislation
The main recommendations of the Robens Committee were:
• Safety and health objectives should be clearly defined within firms.
• Workers should be more involved in safety and health at their
workplace.
• There should be a legal duty on employers to consult their
employees on safety and health matters.
• A National Authority for safety and health should be established.
• Provisions under a new enabling Act should replace existing
statutory provisions.
• Voluntary codes of practice should be introduced.
Recommendations of the Robens Committee
were:
• The scope of the legislation should be extended to include
all employees (with minor exceptions) and the self-
employed.
• The existing safety and health inspectorates should be
merged.
• New administrative sanctions should be adopted.
• Local authority work should be co-ordinated with that of
the new authority.
• The interests of the public should be taken into account in
the new legislation.
• General fire precautions should be dealt with under a Fire
Precautions Act.
• The Employment Medical Advisory Service should function
as part of the new authority.
History of Health and Safety Legislation
ü The traditional approach should be replaced with self-
regulation of working conditions could be created by
employers and employees working together.
ü To assist in this process, it was suggested that greater use
should be made of voluntary standards and codes of
practice produced by the industries themselves to promote
better conditions.
ü It was expected that this would free the statutory
inspection services to increase their advisory role,
ü but would also enable them to concentrate more effectively
on serious problems where more stringent control might be
necessary.
üThis philosophy and reasoning resulted in
the Health and Safety at Work etc. Act 1974.
 The Health and Safety at Work etc. Act 1974
SN Old" Legislation (Pre 1974) "New" Legislation (1974 onwards)
1. Premises i.e. factory, office etc. Employment is the only necessary criterion
2. Specific requirements General requirements.
e.g. Factories Act e.g. Health & Safety at Work Act
"Every dangerous part of any machinery. "It shall be the duty of every employer to
shall be securely fenced. ." ensure so far as is reasonably practicable the
health, safety and welfare at work of all his
"Every hoist or lift shall be thoroughly
employees."
examined by a competent person at least
once in every period of six months..." The Act also covers others such as the self-
employed and the public if they are affected by
the activities of those at work.
3. No requirements on manufacturers Creates comprehensive new duties for
suppliers. In certain instances the owner manufacturers and suppliers of articles and
or hirer of a machine may be liable, substances for use at work.
rather than the occupier.
 The Health and Safety at Work etc. Act 1974
SN Old" Legislation (Pre 1974) "New" Legislation (1974 onwards)
4. Sets minimum standards: Acts are Systems and procedures:
imposed from above and "policed".
Self-regulation, safety policies and safe systems
Prosecution and court order are the
of work involve all employees.
only statutory methods of
enforcement. Improvement and prohibition notices:
New enforcement procedures to produce results
without resorting to the courts.
5. Regulations for specific industries Specific regulations but couched in general terms
and processes: rigorous but difficult and supplemented by approved Codes of Practice
to keep up to date with rapidly that can easily be up-dated
changing technology.
6. Number of enforcing authorities & Establishes Health & Safety Commission and
inspectorates in various Executive under Secretary of State for
government depts. Employment, responsible for all activities relating
to occupational health and safety.
7 Many requirements of the Acts and Most requirements are so far as is reasonably
associated regulations are absolute. practicable
 The Health and Safety at Work etc. Act
1974
Where does the Act apply?
ü The Factories Act 1961 and the Acts relating to other
types of premises define very precisely those premises
to which they refer.
ü At the time of the Robens Committee, several million
workers were not protected by any health and safety
legislation
ü hospitals, road transport and education universities,
polytechnics, and schools were not covered.
ü The Health and Safety at Work Act applies wherever
there is employment. Self-employment is included; the
only exception is for domestic servants in private
households!
 Duties of Employers & Employees
The major responsibility falls to the employer: -
every employer to ensure, so far as is reasonably practicable, the
health, safety and welfare at work of all his employees
• Provision and maintenance of safe plant.
• Provision and maintenance of safe systems of work.
• Ensuring safe use of articles and substances.
• Provision of such information, instruction, training, and supervision as
necessary.
• Ensuring the workplace is maintained in a safe condition.
• Provision and maintenance of a safe working environment and adequate
welfare arrangements.
• Preparation and revision as necessary of a written statement of safety
policy and bringing it to the notice of all employees.
• Consultation with safety representatives.
• Formation of a safety committee if requested to do so by the safety
representatives.
 The Health and Safety at Work etc. Act 1974
Ø The Act also requires both employers and the self-employed to ensure that persons
not in their employment, e.g. the general public, are not exposed to risks to their
health and safety.
Ø There is also a duty is to safeguard people who use the premises but are not
employed there or whose employment is not based there.
Ø The Act also includes a requirement for employers to use the best practicable
means to prevent emission of noxious or offensive substances into the
atmosphere, and to render harmless or inoffensive anything that is emitted
Ø The Act also places duties on employees. They are to take reasonable care for
their personal health and safety and of others who might be affected, and also to
cooperate with their employer in complying with the relevant statutory provisions.
Ø A similar provision requires self-employed persons not to risk their own health and
safety in the course of their business.
 Safety Policy
Ø For firms employing more than 5 employees, the Health and Safety at Work
Act requires employers:
Ø To prepare a written statement of general policy with respect to the health and
safety at work of all employees and the organisation and
Ø arrangements for the time being in force for carrying out that policy, and to bring
the statement and any revision of it to the notice of all employees.
Ø There is no fixed format for a safety policy; the pattern laid down in the Act
produces a policy consisting of three parts.
Ø A general statement,
Ø the necessary organisation and
Ø the arrangements for implementing it.
Ø The statement of overall policy can be quite brief, but must, stress the
company's commitment to health and safety.
Ø It should be signed by a member of senior management, usually the
managing director or a director with overall responsibility for health and safety.
 Consultation
ØAn employer has a legal duty, to consult with safety representatives,
appointed by recognised trade unions.
ØTheir functions are defined in the regulations.
ØAn employer must convene a safety committee if requested to do so
in writing by at least two safety representatives.
ØTo assist the safety representative in the effective performance of the
safety function, the regulations require an employer to permit a safety
representative time-off with pay to conduct inspections and
investigations, and to undergo any necessary training for the role.
ØThe functions of safety representatives are not the same as legal
duties. The duty to ensure the safety of the workplace still rests with
the employer.
 Enforcement

Although the approach throughout the Health and

Safety at Work Act is to foster improvement of
standards by consultation and self-regulation, it
would be unreasonable to expect that this would be
effective in all cases.

Accordingly, inspectors appointed under the Act given

wide-ranging powers of enforcement.
 These powers enable them to:
• Enter premises at any reasonable time or, in cases of danger, at any time.
• Make examinations and investigations.
• Direct that premises be left undisturbed.
• Make measurements, photographs, and recordings.
• Take samples of articles and substances.
• Take possession of articles and substances.
• Cause testing and dismantling.
• Question persons and take statements from them.
• Require production of documents.
• Require a person to afford facilities and assistance.
• Take along a police constable, if serious obstruction is foreseen.
• Take along any other person duly authorised, and any equipment required.
• Issue improvement and prohibition notices.
• Exercise any other power necessary for carrying into effect the relevant
statutory provisions.
 Sanctions

vBreaches of the Act are criminal offences and may

lead to trial in the
vMagistrates or
vCrown Courts.
vCompensation for injuries or disease sustained during
employment is a separate matter to be pursued
through the
vcivil courts.
vThe Health and Safety at Work Act introduced two
new sanctions;
vthe improvement notice and
vthe prohibition notice.
 National Authority for Health & Safety at Work

vThe Robens Committee recommended the

creation of a National Authority for health and
safety at work.
vThe Health and Safety at Work Act proposed
the establishment of the
vHealth and Safety Commission (HSC) and
vthe Health and Safety Executive (HSE), to be
responsible to the Secretary of State for
Employment
 Health and Safety Commission (HSC)
ØThe HSC consists of a chairman and six to nine other
members appointed by the Secretary of State.
ØThese are drawn from the
Øtrade unions, employers’ organisations, and
Øother relevant organisations,
Øsuch as local authorities and professional bodies.
ØAmong the Commission's primary functions are the
making of arrangements to secure the health, safety,
and welfare of people at work and to protect the public
from risks that may arise from work activities.
 Health and Safety Commission (HSC)
ØTo achieve this,
Øthe HSC proposes legislation, provides advice,
information and guidance, and instigates and
sponsors research.
ØThe aim is to produce a wide range of knowledge
and expertise on matters relating to health and
safety.
ØIt is assisted by advisory committees for particular
industries who can provide specialist knowledge of
individual processes.
ØThe Commission is also empowered to direct
investigations and inquiries into accidents and other
 The Health and Safety Executive (HSE)
ØThis consists of three members appointed by the HSC and is
charged with implementing the powers of the Commission.
ØIt has special responsibility to enforce the laws relating to
health and safety at work.
ØFive inspectorates are controlled by the HSE, and a large
proportion of the HSE's staff consists of the inspectors.
ØThe five inspectorates are
ØAgriculture,
ØExplosives,
ØFactory,
ØNuclear Installations, and
ØMines & Quarries.
ØAnother of the functions of the HSE is to represent the U.K. in
discussions of health and safety at work within the EU.
The Health and Safety Executive (HSE)

ØHSC/E consider action is necessary to supplement e

xisting arrangements, their three main options are:

ØGuidance;

ØApproved Codes of Practice; and

Ø Regulaions
 Penalties for health and safety offences
• The Health and Safety at Work etc Act 1974 (the HSW Act), section 33 (as
amended) sets out the offences and maximum penalties under health and
safety legislation.
• Failing to comply with an improvement or prohibition notice, or a court
remedy order

– Inspector: £ 50 to £ 400

– Lower court maximum : £20 000 and/or 12 months’ imprisonment

– Higher court maximum : Unlimited fine and/or 2 years’ imprisonment

Thank You