Health & Safety Week 1

Three Elements:
Law
Practice
Theory

Constraints on H&S
Economic
International Law
Political
Sustainability
Social

Financial Case
Ill health and accidents cost society 10-15 billion p/a
1.75%-2.75% GDP

Direct Costs
Insurance premiums
Court costs
Fines
Lost time
Payments to employees
Cost of replacing equipment

Indirect Costs
Other employees stop work, or their performance is reduced
Managers and supervisors lost time:
Re-planning and work scheduling
Preparing accident reports, attending court, etc.
Delays and costs to production
Annualised
Total Cost Loss Representing
Construction Site 245,075 700,000 8.5% Tender Price
Creamery 243,834 975,336 1.4% Operating costs
Transport 1.8% operating cost, 37%
Company 48,928 195,712 profits
Oil Platform 940,921 3,763,684 14.2% potential output

Insured Costs:
Employers liability
Public liability
Contractors all risk insurance
Replacement of tools and equipment
Damage to property and plant
Uninsured Costs:
Damaged products or materials
Delays in production
Increased labour costs (e.g. over time extra workers)
Cost of correction and investigation
Time of management
Enforcement Notice
HSAWA 1974: Sections 20-22
Consideration if an informal oral or written comment on compliance is suitable
If not suitable then can issue:
Improvement notice
Prohibition notice
Indicates that the enforcing officer has decided not to prosecute at that time.

Improvement Notice
Served when:
Currently an infringement of at least one statutory provision.
The notice is nullified after the specific improvement has been made in the given time.
What the enforcing officer must do:
State their opinion that the law has not been complied with,
Specify what items of the law have been contravened,
Give evidence
State a time period for correction to take place (min. 21 days)

Prohibition Notice
Served when:
Work place activity involves the risk of serious personal injury
Activity must stop immediately unless it causes its own risk then it can be stopped at a fixed
date in the future.
What the enforcing officer must do:
State that there is a risk of personal injury,
Specify what’s creating risk,
Stop activity until rectified.

Appeals against Notice

Right to appeal to employment tribunals:
Within 21 days since notice served
The tribunal can modify the 21 days window for rectification.
Effect of appeal
Improvement notice is suspended
Prohibition notice isn’t suspended; tribunal meet first and make decision
Tribunal can decide to uphold, amend or quash original notice.

HSE
Enforcing officers’ role is to protect, enforce and advise on H&S management and standard
employed by the crown not the government.
Powers under HSAWA 1974: Section 20:
To enter any premises at a reasonable time,
Take a policeman if there is an obstruction in the execution of their duties,
To examine and investigate,
Direct that a premises or part of premises remain undisturbed,
Take photos and measurements,
Sample unsafe articles,
To order the testing, dismantling and examination,
To require answers to questions in a written statement if necessary,
Inspect and copy statutory books and documents,
To provide assistance,
 Serves notices,

Local Authorities
Similar role as HSE (Environmental Health Officers - EHO)
Normally deal with simpler workplaces (e.g. offices, shops,…)

Fire Authorities
Similar role as HSE
Regulatory Reform (fire safety) Order 2005
General risks from fire

Insurance Companies
Companies can insure against financial loss:
To equipment (contractors all risk),
Injuries to their employees (employers liability compulsory)
Injuries to members of the public (public liability)

Sources of Law – Comparison

Common Law
Judge made Law
Not written
Duty of reasonable care

Statue Law
Created by parliament
Written down and codified in Acts and regulations
A range of levels of care can be used, reasonably practicable
Normally leads to criminal offence, but can also be used for civil
proceedings

Civil Law Ciminal Law

Purpose resolve disputes punish crime
compensation for
punishment
Remedy damages
Means sure prosecute
judges - high
court, court of judge and jury Or.
appeal, supreme Magistrates
Which Court court
balance of beyond reasonable
Burden of proof probability doubt
claimant V. prosecutor V.
parties involved defendant defendant
Status insurable non-insurable
H&S Management Systems
Management system?
Structured (systems) Approach – defines reasonability and what to do,
Written – defines communication,
Sets the policy – defines the direction,
Helps to plan for the future,
Enables checking and monitoring.

Designed to enable:
Continual improvement,
Legal compliance,
Risk reduction.

HSG65 (successful H&S management)

H&S Policy
Requirement of HSAWA 1974
Section 2(3): requirements for organisation with 5 employees or more:
Written H&S policy statement.
State the organisation and arrangements to make the policy effective.
Bring the policy to the attention of employees.
Revise when necessary.
The Management of HSAWA (1999)
Regulation 5 – H&S Arrangements:
Effective planning,
Control,
Monitoring,
Review of preventive and proactive measures.
H&S Policy
When?
After a period of time – out of date
When technology changes – technology no longer used
Organisational change -
Legislation change
Results from monitoring – new scientific knowledge (e.g. asbestos)