GC1 Element 1 29dec 2019 New Syllabus Draft - v5

Page 1 Page 1
NEBOSH International General Certificate in OSH

Element 1
Why We Should
Manage
Workplace Health
and Safety
Learning Outcomes
On completion of this element, candidates should be able to:
1.1 Discuss the moral, financial and legal reasons for managing health and safety in
the workplace
1.2 Explain how health and safety is regulated and the consequences of non-
compliance.
1.3 (a) Summarise the main health and safety duties of different groups of people at
work
(b) Explain how contractors should be selected, monitored and managed
International HSE Council

Page 2
M oral and Financial

1.1 Reasons for Managing
Health & Safety
Definitions
A state of complete physical, mental, and social well-being and not

merely the absence of disease (World Health Organisation). It is the
Health protection of people from illness resulting from exposure to hazardous
substances, materials and conditions.
The protection of people from physical injury. Safety is the state of being
Safety "safe", the condition of being protected from harm or other non-
desirable outcomes
Looking after people’s basic needs to maintain their health and well-
being such as provision of clean drinking water, adequate lighting,
Welfare heating and cooling, separate and adequate toilets for male and female,
eating and rest rooms, accommodation for clothing.
An undesired event that has caused or could have caused damage,

Incident death, injury or ill health.
An unwanted, unforeseen, unplanned event which results in a loss of

Accident some kind
An unwanted, unforeseen, unplanned event that had the potential to

Near Miss result in a loss
Something with the potential to cause harm. May be physical, chemical,

Hazard biological, ergonomic or psychological. Example: heat, light, noise,
acids and alkalis, metals, fire, electricity
The likelihood that harm will occur and the severity of the harm.
Risk Example: tripping over cables, coming into contact with machinery
INTERNATIONAL HSE COUNCIL | Together We Progress

Page 3
The moral and financial reasons for managing health and safety are explained below:
1. MORAL
Organisations regard their staff as their prime assets, and they have a
moral obligation to prevent unnecessary suffering and loss of life.
Most companies do not set out to cause harm, but they may fail to
take effective steps to manage health and safety, with devastating
results.
2. FINANCIAL
The Hidden Cost to Employers
The costs of health and safety control programmes are usually easy
to recognise and calculate. The cost of failure is less easy to
calculate as the losses tend to be absorbed into operating costs.
Costs to an organisation may result from absenteeism, compensatory

insurance costs, preventative enforcement action, legal costs and
punitive fines, loss of business reputation and business opportunity.
Moral Expectations of Good Standards of Health and Safety

The growth of the global economy has seen benefits across the world but also increasing public
concern about business activities and a decline in trust. Issues like environmental damage,
improper treatment of workers, and faulty production leading to customers’ inconvenience or
danger, are highlighted in the media.
Employers should not place any person at risk of death,

Society expects and injury or ill-health. They are expected to provide a safe and
demands that employers healthy workplace that does not expose or cause harm to
demonstrate a positive workers, contractors or the general public. This would also
moral attitude towards include not causing harm to the environment by its activities,
health and safety. such as disposing of wastes responsibly.

Page 4
The Financial Cost of Health and Safety

Direct Costs and Indirect Costs of Accidents and Ill Health
The true cost of accidents is a lot higher than most people realise, with indirect costs being
substantially more than the direct costs.
Direct costs are those costs that are accrued directly from the accident. They are quite easy to
calculate. Direct costs are usually insurable by businesses.
Indirect costs are the less obvious consequences of an accident. The indirect costs created by
accidents tend to be hidden and are more difficult to calculate and are usually uninsured.
Direct Costs Indirect Costs

- First aid and medical treatment - Accident investigation time
- Repair or replacement of damaged - Prosecution fines and costs of imposed
plant and equipment remedial works.
- Damaged products - Payment to workers who are not injured,
- Overtime for example those who stopped work to
look after or help the injured
- Sick pay to injured person
- Training for replacement labour cost
- Compensation payment to injured
workers - Loss of reputation
- Poor productivity due to low morale
- Time spent dealing with media,
authorities, trade unions.

Page 5
Costs of Insured and Uninsured Accidents and Ill Health

Many employers believe that the costs of most incident costs are covered by insurance.
The reality is usually the opposite. Insurance policies do not cover everything. They may only
pay for serious injuries or damages.
The HSE study showed that A poor health and safety record could mean an increase
in insurance premiums or a refusal of future insurance
uninsured costs were between cover. Most insurance coverage will have an excess.
8 and 36 times greater than the The higher the excess value, the lower the insurance
premium. If a claim is made, the insurance company
costs of insured costs will only pay up to the insured value as indicated in the
insurance policy.
Insured Costs Uninsured Costs

- First aid and medical treatment - Medical treatment and time away
- Repair or replacement of damaged from the job that is not covered through
plant and equipment workers’ compensation insurance
- Damaged products - Accident investigation time
- Compensation payment to injured - Prosecution fines and costs of imposed
workers remedial works.
- - Payment to workers who are not injured,
for example those who stopped work to
look after or help the injured
- Training for replacement labour cost
- Loss of reputation
- Poor productivity due to low morale
- Time spent dealing with media,
authorities, trade unions.
- Increased operating costs and
unfavourable publicity
- Increased cost of insurance
- Civil penalties, fines, and legal fees

Page 6
The benefits of having good

health and safety practice
are:
- Increased levels of compliance with rules and procedures
- Improved production
- Improved staff morale
- Improved company reputation
- Reduced accidents
- Reduced ill health
- Reduced damage to equipment
- Reduced staff complaints
- Reduced absenteeism
- Reduced staff turnover
- Reduced insurance premiums
- Reduced fines and compensation claims

Page 7
Regulating Health and

1.2 Safety
The Need for Safe Place of Work, Safe Plant & Equipment, Safe
Environment, Safe Systems of Work, Training & Supervision and
Competent Workers
In many countries, specific legal requirements exist that require employers to develop effective
ways of ensuring the safety of workers and others by ensuring safe place of work, safe
environment, safe equipment and competent workers.
A safe place of work provides safe access and egress to the workplace.
Safe Place of (Safe way in and safe way out). Hazards and risks are controlled to as
Work low as reasonably practicable
Safe Plant & All plant and equipment provided is safe to use and capable of being
Equipment safely maintained. This includes all articles and substances.
Safe The environment considers heat, light, noise, space, ventilation.

Environment Welfare considers toilets, washing facilities, drinking water etc.
The employer has a duty to provide safe systems of work to ensure a

Safe Systems safe working environment. The safe system should be developed by a
of Work competent person, documented as written procedures and be available
to all interested parties.
The Employer must give employees the necessary information, instruction

Training & and training so that they can carry out their duties safely. The employees
Supervision should also be supervised to ensure that policies and procedures are
followed. Supervisors must be made aware of their own responsibilities.
The Employer should ensure that competent advice is available on health

Competent and safety from inside or outside the organisation. Employees should be
Workers given the information, instruction and training necessary to enable them
to carry out their functions safely.

Page 8
The Role of Enforcement Agencies and the

Consequences of Non-Compliance
What Is Law?
Law is a system of rules that govern a society with the intention of maintaining social order,
upholding justice and preventing harm to individuals and property.
The purpose of Law is to:

- Control anti-social behaviour
- Regulate relationships among individuals or between individuals and the State
- Resolve conflicts
- Set clear standards for behaviour with penalties for non-compliance.
In general, there are two aspects (branches) of law: 1. Civil 2. Criminal
The aim of Civil Law is to compensate

Civil an injured party for loss suffered as a
consequence of an accident, ill-health
LAW or death.
Therefore, a civil case involves an action against an individual or an organisation.
Around the world the systems vary but there generally are two types of Civil liability:
a) Fault Liability b) No Fault Liability
a) Fault Liability
Under this system it is the responsibility of the injured person to show that the person who caused
the injury had a responsibility.
The injured person has to show that:

a) They were owed a duty of care
b) The duty of care was breached (the other person was negligent)
c) The breach caused the loss (injury, ill-health, death).
There Was a Duty of Care Owed

Employers have a duty of care to provide a safe workplace, safe environment, safe plant &
equipment and competent staff.
There is a duty imposed on all of us to try to avoid injuring each other. This applies whether we
are householders, road users, employers, manufacturers or suppliers of goods or are otherwise
engaged in business, social or sporting activities involving risk of injury to others.

Page 9
The Duty of Care was Breached

This usually means that the Employer was negligent and failed to provide reasonable care.
Generally, Employers should provide:
- Safe plant and equipment - Adequate instruction

- Safe systems of work - Safe buildings
- Competent staff - Safe environment
- Adequate supervision

Page 10
The Breach Caused the Loss

Unless injury or damage has occurred, there cannot be a claim. The Civil Law case outcome is
compensatory, therefore if no injury or damage has occurred, there is nothing to be compensated
for.
Before any action for compensation can be considered the employee

must show all three conditions have been satisfied:
1) They were owed a duty of care

2) The duty of care was breached
3) The breached caused the employee to suffer an injury or loss.
Employers Defence Against Claims for

Negligence
The employer must demonstrate that:
1) No duty of care was owed to claimant

2) There is no breach of duty i.e. no negligence has
occurred
3) No Injury or damage has occurred
In some legal systems there are other defences available to the

employer:
- The person willingly accepted the risk

- They contributed to their own accident
- There is a law which limits the time to claim
When it has been established that there is a claim, the

amount of damages has to be calculated.
This can include such things as loss of
earnings, loss of future earnings and
compensation for pain, suffering and
loss of quality of life.
Punitive Damages
In the American legal system, there is another
form of damages called Punitive Damages (sometimes
called Exemplary Damages). The aim is to not only
award compensation to the injured Employee but to also
punish the employer where it can be shown the employer
is negligent.

Page 11
b) No Fault Liability
In this system it is assumed that the Employer is liable, and the claimant does not have to prove
negligence.
Meaning of Vicarious Liability

Vicarious liability refers to a situation where someone is held responsible for the actions or
omissions of another person. In a workplace, an employer can be liable for negligence, unlawful
acts or omissions of its employees, provided it can be shown that they took place in the course of
their employment
The aim of Criminal Law is to punish

and deter individuals / organisations
Criminal from behaving in a way that society has
decided is unacceptable, is considered
LAW a crime by society and is prosecuted by
the state.
In many countries Health and Safety law sets standards that Employers are expected to meet and
if not, they may be prosecuted.
The punishment for organisations will often be fines, but where people are found guilty of breaking
the criminal law there are various ranges of punishments depending on the country’s legal
system. People can be fined or imprisoned, their assets could be confiscated. There could also
be restrictions on activities and offices held.
Depending on the country’s legal system the people prosecuted may range from Senior
Management down to individual employees.
The level of punishment may depend on the country’s legislation on health and safety which may
specify the level of punishment for the specific type of offence.

Page 12
Health and Safety Law can be considered to follow one of two types, or can be a combination of
both, to build regulations. These are:
1) Prescriptive
Frameworks 2) Goal Setting
1) PRESCRIPTIVE
for Prescriptive legislation provides no room for
negotiation by users as in that of OHSA (USA).
Regulating It gives detailed and technical requirements

such as the Employer must take action to
prevent anyone falling more than 2 metres or all
cranes must be inspected every 12 months by a
Health and competent person.
The advantages of this are that the Employer
Safety has clear requirements to meet. However, it is

considered that this type of legislation is too
limited and does not have any flexibility.
2) GOAL SETTING
Goal setting within health and safety laws tends to set minimum standards rather than relying on
compliance with specific technical requirements. The health and safety responsibilities of
employers are clearly stated; however, it is for the employer to develop effective ways of meeting
those responsibilities. The type of wording in this type of legislation may say that the Employer
must take precautions where there is a likelihood that someone can fall. This means that the
Employer must consider all areas, not just above 2 metres.
There are three main approaches towards

health and safety legislation
The European (Goal setting)

The American (Prescriptive)
The International Labour Organization

Page 13
1) THE EUROPEAN MODEL

The main role of the European Union in health and safety is to harmonize workplace and legal
standards. A Directive from the EU is legally binding and each member state is responsible for
incorporating and meeting the aims of the Directive in their own internal legislative system.
2) THE AMERICAN MODEL

In the US the main legislation is The Occupational Safety and Health Act (OSHA) which is
prescriptive and is enforced by The Occupational Safety and Health Administration (OSHA). Its
aim is to assure safe and healthful working conditions for working men and women by setting and
enforcing standards and by providing training, outreach, education and assistance.
Safety practitioners working within the US or for US companies abroad need to be aware of the
relevant OSHA Codes.
3) THE INTERNATIONAL LABOUR (ILO) MODEL

The international labour standards published by the ILO can be used as a basis for good health
and safety practice. The ILO also provides expert advice and technical assistance to member
States through a network of offices and multi-disciplinary teams in various countries

Page 14
Enforcement of Health and Safety

Although health and safety legislation may exist in a country, it does not mean that it is complied
with to prevent accidents or ill-health, and enforcement may be necessary to ensure compliance.
Role of Enforcement Agencies

Enforcement Authorities are usually Government bodies and are normally given powers to deal
with breaches of legislation and any situations which they consider to be non-compliant and
unsafe. They ensure that duty holders deal immediately with serious risks; comply with the law;
and are held to account if they fail in their responsibilities.
The powers of Enforcement Officers may be considered under the headings of:
- Informal Actions
- Formal Actions
INFORMAL ACTIONS
This means providing health and safety advice and guidance and if necessary, putting the advice
in writing without taking any further action.
FORMAL ACTIONS
Formal action may involve the following:

- Issuing legal mandates to comply with the law and put right the breach
- Issuing legal mandates to stop dangerous activities immediately
- Prosecution with the intent of punishing the Company or Individual which can lead to fines
and or imprisonment
- Issuing a caution (warning), that can be used as evidence at a later date, often for minor
repeat offences.
In order for the Enforcing Agencies to undertake their responsibilities, they have the power to:
- Enter, inspect and search premises at any reasonable time
- Examine documents
- Investigate events
- Take photographs, measurements, sketches
- Take samples of substances or retain unsafe equipment/articles
- Order examination and testing of substances and equipment
- Require answers to questions
- Order medical examination, etc.

Page 15
THE INTERNATIONAL LABOUR ORGANISATION (ILO)
Based in Geneva, Switzerland and affiliated to the United Nations (UN), the ILO was founded in
1919 to pursue a vision that lasting peace can only be achieved if it is based on the decent
treatment of working people.
Its main aims are to advance opportunities for men and women to obtain decent and productive
work in conditions of freedom, equity, security and human dignity.
The ILO is the global body responsible for drawing up and overseeing international labour
standards on freedom of association, employment, social policy, conditions of work, social
security, industrial relations and labour administration, among others.
These international labour standards, including standards on occupational safety and health, are
issued in the form of:
- Conventions, e.g. C155: Occupational Safety and Health Convention
- Recommendations, e.g. R164: Occupational Safety and Health Recommendation
Conventions and Recommendations are used frequently as models for enacting new, or
amending existing, legislation.
Conventions are open to be agreed to by UN member states, and once agreed become binding
on those member states. Those member states agreeing the various Conventions are obliged to
report regularly on progress.
Complaints to the ILO can be made by organisations that represent workers and employers as
well as by governments of other ratifying Member States, where non-compliance is alleged.
Recommendations are designed to supplement the Conventions. They provide guidance for
compliance with the Conventions. For example, R164 provides guidance in regard to employers’
and employees’ obligations in health and safety in the workplace.
The ILO also publishes international standards such as:
- ILO-OSH: - Guidelines on Occupational Safety and Management Systems
Employers’ Responsibilities
Employers have responsibilities under duty of care to protect the health, safety and welfare of
their employees and other people who might be affected by their business.
ILO C155 Article 16 requires employers to:
1. Ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment

and processes under their control are safe and without risk to health.
2. Ensure that, so far as is reasonably practicable, 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. Provide, where necessary, adequate protective clothing and protective equipment to

prevent, so far as is reasonably practicable, risk of accidents or of adverse effects on
health.

Page 16
ILO R164 Recommendation, Article 10 recommends that:
The obligations placed upon employers includes the following:
1. To provide and maintain workplaces, machinery and equipment, and use work methods,
which are as safe and without risk to health as is reasonably practicable;
2. To give necessary instructions and training, taking account of the functions and capacities
of different categories of workers;
3. To provide adequate supervision of work, of work practices and of application and use of
occupational safety and health measures;
4. To institute organisational arrangements regarding occupational safety and health and the
working environment adapted to the size of the undertaking and the nature of its activities;
5. To provide, without any cost to the worker, adequate personal protective clothing and
equipment which are reasonably necessary when hazards cannot be otherwise prevented
or controlled;
6. To ensure that work organisation, particularly with respect to hours of work and rest
breaks, does not adversely affect occupational safety and health;
7. To take all reasonably practicable measures with a view to eliminating excessive physical
and mental fatigue;
8. To undertake studies and research or otherwise keep abreast of the scientific and
technical knowledge necessary to comply with the foregoing clauses.

Page 17
Basic things to be considered by the Employer include:
Welfare facilities
Toilets and hand basins, with soap and towels or a hand-dryer; drinking water; a place to store
clothing (and somewhere to change if special clothing is worn for work); somewhere to rest and
eat meals.
Health issues
A healthy working environment that has good ventilation – a supply of fresh, clean air drawn from
outside or a ventilation system; a reasonable working temperature; suitable lighting; enough room
space and suitable workstations and seating; a clean workplace with sufficient waste bins.
Safety Issues
Keep the workplace safe by properly maintaining the premises and work equipment; keep floors
and traffic routes free from obstruction; have windows that can be opened and also cleaned
safely; make sure that any transparent (e.g. glass) doors or walls are protected or made of safety
material.
Emergencies and First Aid

Provide measures to deal with emergencies Keeping records will help to identify patterns
and accidents including first-aid of accidents and injuries and will help when
arrangements in the workplace. Ensure completing risk assessment. The insurance
employees receive immediate attention if company may also want to see records if
they are taken ill or are injured at work. there is a work-related claim.
As a minimum, the employer must provide: Insurance for the Business

- A suitably stocked first-aid box Employers should have employers’ liability
insurance. If an employee is injured or
- An appointed person to take charge
becomes ill as a result of the work they do,
of first-aid arrangements
they may claim compensation from the
- Information for all employees giving employer.
details of first-aid arrangements
Employers’ liability insurance will enable an
employer to meet the cost of compensation
If a first aider is to be appointed, he/she
for their employees’ injuries or illness.
should have received training from an Only a few businesses are not required to
approved organisation and hold a have employers’ liability insurance –
qualification in first aid at work or emergency
businesses with no employees, or a family
first aid at work.
business with all employees related to the
owners.
Accidents and Ill Health Keeping Up to Date with Health

Reporting and Safety News
Under health and safety law, employers Employers should keep up to date with news
must report and keep a record of certain and events to ensure health and safety
injuries, incidents and cases of work-related policies and risk assessments are up to
disease. date.

Page 18
Employees’ (Workers’) Rights and Responsibilities
Rights and Responsibilities of Employees (Workers) – C155

Article 19 and R164 Recommendation 16
C155 Article 19 provides workers with the following rights:

a) To be consulted by the employer on health and safety matters that affects the
workers.
b) To be given information on any related health and safety actions taken by the
employer that has impact on the workplace and workers’ health and safety.
c) To be given adequate health and safety training.
d) To stop work or leave the premises should the worker feel the work is unsafe or
the workplace is unsafe
ILO R164 Recommendation, Article 16 recommends that workers should:
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.

Page 19
The Part Played by International Standards like ISO

THE INTERNATIONAL ORGANISATION FOR STANDARDS (ISO)
The ISO is a network of the national standards institutes in many countries with a central
secretariat in Geneva, Switzerland that coordinates the system.
Whilst it is a non-governmental organisation it still occupies a special position because many of its
member institutes are part of the governmental structure of their countries or are mandated by
their government, and other members have their roots in the private sector.
It therefore enables a consensus to be reached on solutions that meets both the requirements of
business and the broader needs of society. Internationally recognised standards the ISO have
issued include:
- ISO 9001: Quality Management Standards

- ISO 14001 Environmental Management Standards
- ISO 45001 Occupational Health & Safety Management Standards
Other standard such as the technical standard ISO12100: Safety of Machinery can help
organisations comply with safety standards for machinery.
Compliances with ISO standards shows that an organisation has adopted robust safety standards
in the workplace.
Sources of Information
It is important for employers to keep themselves well informed of health and safety information
because:
- The Law within their own Country may have changed
- New substances and technologies are constantly being produced and the employer
needs to be aware of the possible hazards
- Information on health and safety is constantly changing in the light of new medical
information.
Information on national standards may be obtained from the following sources:
Where you can find information on national standards

- Governmental organisations e.g. Enforcing Authorities
- Professional institutions such as IOSH
- International Standards Organisation (ISO)
- Consultants and specialists
- The HSE website (UK) www.hse.gov.uk
- The U.S. Department of Labor OSHA website (USA) www.osha.gov
- The ILO website www.ilo.org
- The European Agency for Safety and Health at Work (EU) website
www.osha.europe.eu.int

Page 20
Who Does What in

1.3 Organisations?
Roles of Directors/Managers/Supervisors
Health and safety law places duties on organizations. Employers and directors can be held liable
when these duties are breached. Members of the board have both collective and individual
responsibility for health and safety.
Responsibilities of Directors & Senior Managers, and

Supervisors
Directors and Senior Managers
Directors and Senior Managers set strategies, allocating resources, and determine priorities for
the organisation. (They do not get involved in the organisation’s day to day operational activities.)
Their responsibilities include:
- Ensuring the organisation’s health and safety policy is in place and reviewed as
necessary.
- Ensuring the health and safety policy is reflected in appropriate strategic and operational
objectives.
- Ensuring a director or senior manager is appointed to be the health and safety

spokesperson at board level
- Making resources (budget, manpower, etc) available to maintain effective and efficient
health and safety arrangements. This include developing, implementing and maintaining
a robust H&S management system
- Appointing one or more competent persons (internal and external) to provide assistance
in delivering the organisation’s health and safety policy obligations (including specialist
help where necessary).
- Ensuring responsibilities for health and safety are properly assigned within the
management structure and accepted at all levels.
- Ensuring competent contractors are appointed and well managed.
- Demonstrating health and safety commitment and leadership and setting good example
that can positively influence the workforce.

Page 21
Middle Managers and Supervisors

Middle Managers and Supervisors are very hands-on and will be
involved in the day to day operational activities of the organisation as
defined in their job description. They are directly responsible for the
health and safety of all operational activities under their control.
Line Managers are operationally responsible for the health and safety
of the following people and activities:
- Direct reports – staff
- Workers below their direct reports
- Areas and activities that are under their direct control.
Supervisor is the lowest tier of management within a large organisation

and is the level at which detailed operational activities are controlled.
Supervisors are therefore responsible for the day-to-day
implementation of health and safety policies and must ensure that:
- Established procedures and safe working practices are
implemented at all times
- All workers are provided with all necessary information and
instruction to enable them to operate safely with particular
reference to hazardous substances and precautions in general
- Remedial measures are introduced to reduce or eliminate
unsafe acts or conditions
- All accidents and other incidents are properly investigated and
documented
90
80
70
60
50 East
40
West
30
20 North
10
0
1st 2nd 3rd 4th
Qtr Qtr Qtr Qtr

Page 22
Practical measures managers can do to ensure health

and safety
- Setting good example & showing commitment to health and safety
- Involving employees in risk assessments, drawing up safe

systems, procedures, etc.
- Encouraging hazard spotting and suggestion schemes
- Organising training courses
- Active involvement in safety committee meetings
- Accompanied by employees on safety tours & inspections
- Giving staff responsibilities i.e. mentoring young workers

Page 23
Responsibilities of Organisations In the Case of Joint

Occupation to Work Together on Health and Safety Issues
Occupiers of premises have legal obligations to ensure the safety of any person in that building
and are responsible for ensuring the state and condition of the building is safe and in good repair.
All occupiers should therefore provide information on the risk of their business activities that may
have an impact on other occupiers of the building.
The occupiers owe a general duty of care to all those likely to be affected by his or her actions (or
inaction). A breach of such duty, if it leads to harm, may give rise to a claim of negligence.
A common approach needs to be adopted by all occupiers in the management of health and
safety issues such as carrying out emergency drills, implementing fire procedures, control of
contractors and visitors, following site rules, security arrangements, and waste disposal
arrangements.
It may also be prudent to carry out shared risk assessments if there are known risk impact to the
occupiers.
In occupied buildings, a building management committee is typically formed to facilitate health

and safety issues throughout the building.
Contractors working in premises have joint liabilities with the owner when carrying out repairs of
common areas in the building.
Requirements of ILO C155 and R164
(C155 Convention Article 17)
Whenever two or more undertakings engage in activities simultaneously at one workplace, they
shall collaborate in applying the requirements of this Convention.
R164 Recommendation 11
Whenever two or more undertakings engage in activities simultaneously at one workplace, they
should collaborate in applying the provisions regarding occupational safety and health and the
working environment, without prejudice to the responsibility of each undertaking for the health and
safety of its employees. In appropriate cases, the competent authority or authorities should
prescribe general procedures for this collaboration.

Page 24
Management of Contractor
Anyone entering premises for the purposes of carrying out specialised work for the client, owner
or occupier is regarded as a ‘Contractor’.
Major factors involved in using contractors may include a constantly changing labour force which
never gets properly or fully trained, the danger of the work and work conditions, and pressure of
work.
When Contractors are working on site the occupier needs to ensure that applicable legislation is
being complied with including the company’s Safety Policy.
Contractors are responsible for the health and safety of their workers as well as anyone who may
be affected by their work activities.
The following are terms that are used when dealing with Contractors:
Client
The company or person who hires the contractor to perform the work.
Contractor
The term ‘Contractor’ applies to people who visit the premises of others to carry out work.
The contractor is the person with whom the Client places the order.
The work can be for things such as catering services, the cleaning of premises as well as the
repair, maintenance, refurbishment or installation of plant and equipment or building alterations.
Contractors can be employers, employees of third parties or self-employed people.

Page 25
Duty of Care by all Parties

Everyone has a duty of care to ensure that their work activities do not cause harm to themselves
and others.
The Contractor owe a duty of care to:
 Themselves
 Their employees
 Others such as the client, the client’s employees, visitors to the client’s or contractor’s
premises, sub-contractors, and general public who may be affected by their work
activities.
The client owes a duty of care to:
 Themselves
 Their employees
 Others such as their client, visitors to their premises, contractors working in their
premises.
The employees owe a duty of care to:
 Themselves
 Others such as cleaners, office boys, couriers, etc. who may be affected by the work they
do.
How Clients and Contractors Should Work Together

(Source: ILO Code of Practice chapter 2)
General duties of clients
Clients should:
− Co-ordinate or nominate a competent person to co-ordinate the contractors and all

activities relating to safety and health on their projects
− Inform all contractors on the project of special risks to health and safety of which the
clients are or should be aware
− Require those submitting tenders to make provision for the cost of safety and health
measures during the work process.

Page 26
General duties of contractors
− Plan, manage and monitor all work carried out by themselves and their workers, taking
into account the risks to anyone who might be affected by it (including members of the
public) and the measures needed to protect them
− Before commencing work, conduct risk assessments and develop safe work methods to
control identified risks.
− Check that all workers they employ or appoint have the skills, knowledge, training and
experience to carry out the work, or are in the process of obtaining them
− Make sure that all workers under their control have a suitable, site-specific induction,
unless this has already been provided by the principal contractor
− Provide appropriate supervision, information and instructions to workers under their

control
− Ensure they do not start work on site unless reasonable steps have been taken to prevent
unauthorised access
− Ensure suitable welfare facilities are provided from the start for workers under their
control, and maintain them throughout the work.
− For projects involving more than one contractor, coordinate their activities with others in
the project team to avoid conflict.
Three key areas to managing contractors
1. Selection of contractors
2. Planning and co-ordination of the work
3. Monitoring and managing the work
1. Selection of Contractors
Selection of the contractor is a vital process. There are many factors that must be taken into
consideration when selecting contractors who are competent. Wrong choice of contractors might
lead to many problems during work progress. These include poor quality of work, delay in
production and/or delivery of services.
When assessing the Health and Safety competence of a Contractor the following factors should
be considered:
- Previous experience with type of work
- Reputation amongst previous or current clients
- Suitable references or recommendation.
- Content and quality of safety policy
- Content and quality of risk assessments
- Records on the training and qualifications of staff

Page 27
- Accident/enforcement records
- Membership of approved trade bodies or professional organisation
- Records of maintenance and statutory inspections of plants and equipment
- Risk assessments and method statements examples
- Access to specialist safety advice
- Suitable insurance such as third-party liability cover
2. Planning and co-ordination of the work
Contractor work must be thoroughly planned, taking into consideration the scale of use of the
contractor, the duration of the work, the hazards and risks of the contracted work, etc.
− Arrangement should be made for regular communication to exchange information on

health and safety issues between the client and the contractor throughout the project.
− The client should inform the contractor of all identified hazards and risks of the work. This
will enable the contractor to plan and implement controls to prevent exposing workers and
others to harm.
− In addition to information of hazards and risks received from the client, the contractor
should also conduct their own risk assessments of the work and to develop new or update
the existing safe work methods.
− Before commencing work, the contractor should provide the findings of their risk
assessments along with safe work methods to the client for review and approval.
− Throughout the duration of the work, the client and contractor must communicate and co-
ordinate the work activities so as to avoid any conflicts and confusions, particularly if there
are more than one contractor working at the same site.
3. Monitoring and Managing the Work
The following arrangements are essential to ensure the contractors comply with safe work
practices.
- Implement a sign-in and sign-out procedure for contractors.

- Appointment/nomination of a person or team to co-ordinate all aspects of the contract,
including health and safety matters.
- Ensure the contractor nominate a works supervisor
- Ensure all contractor workers attend site induction training prior to commencement of
work
- Ensure contractors use the permit to work system when performing high-risk activities.
- Hold regular progress meetings with the contractors
- Carry out regular monitoring and inspections of the contractor’s operations by the client’s
representatives to ensure they comply with the client’s health and safety requirements
and agreed safe work methods.
- Participate in Safety Committees on site by contractors.

Page 28
- No machinery allowed on site until documentation on statutory inspections has been

seen, including details of driver training and experience.
- Monitor the contractor’s safety training programme.
In summary
- Selection of competent contractors with good track records
- Contractor to acknowledge terms and conditions of contract before work starts
- Conduct induction for all contractors prior to commencement of work
- Client and contractor to maintain regular communication
- Client and contractor to co-ordinate the work to avoid conflicts and confusions
- Site rules to be clearly stated and communicated to the contractor

Page 29
REFERENCES
Guidelines on Occupational Safety and Health Management Systems (ILO-OSH 2001) can be
downloaded free from ILO web site. http://www.ilo.org/global/publications/ilobookstore/order
online/books/WCMS_PUBL_9221116344_EN/lang--en/index.htm
NORMLEX - Database of International Labour Standards. https://www.ilo.org/dyn/normlex/en
Occupational Safety and Health Convention (C155), ILO

http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_ILO_CODE:
C155
Occupational Safety and Health Recommendation (R164), ILO

https://www.ilo.org/dyn/normlex/en/f?p=1000:12100:::NO:12100:P12100_INSTRUMENT_ID:3125
02
Health and safety made simple: The Basics for your Business.
http://www.hse.gov.uk/pubns/indg449.pdf
Your health, Your Safety: A Brief Guide for Workers. http://www.hse.gov.uk/pubns/indg450.pdf

Page 30

GC1 Element 1 29dec 2019 New Syllabus Draft - v5

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

GC1 Element 1 29dec 2019 New Syllabus Draft - v5

Uploaded by

Copyright:

Available Formats

Page 1 Page 1

NEBOSH International General Certificate in OSH

On completion of this element, candidates should be able to:

(b) Explain how contractors should be selected, monitored and managed

International HSE Council

M oral and Financial

A state of complete physical, mental, and social well-being and not

An undesired event that has caused or could have caused damage,

An unwanted, unforeseen, unplanned event which results in a loss of

An unwanted, unforeseen, unplanned event that had the potential to

Something with the potential to cause harm. May be physical, chemical,

INTERNATIONAL HSE COUNCIL | Together We Progress

The Hidden Cost to Employers

Costs to an organisation may result from absenteeism, compensatory

Moral Expectations of Good Standards of Health and Safety

Employers should not place any person at risk of death,

INTERNATIONAL HSE COUNCIL | Together We Progress

The Financial Cost of Health and Safety

Direct Costs Indirect Costs

INTERNATIONAL HSE COUNCIL | Together We Progress

Costs of Insured and Uninsured Accidents and Ill Health

Insured Costs Uninsured Costs

INTERNATIONAL HSE COUNCIL | Together We Progress

The benefits of having good

INTERNATIONAL HSE COUNCIL | Together We Progress

Regulating Health and

Safe The environment considers heat, light, noise, space, ventilation.

The employer has a duty to provide safe systems of work to ensure a

The Employer must give employees the necessary information, instruction

The Employer should ensure that competent advice is available on health

INTERNATIONAL HSE COUNCIL | Together We Progress

The Role of Enforcement Agencies and the

The purpose of Law is to:

In general, there are two aspects (branches) of law: 1. Civil 2. Criminal

The aim of Civil Law is to compensate

Therefore, a civil case involves an action against an individual or an organisation.

a) Fault Liability b) No Fault Liability

The injured person has to show that:

There Was a Duty of Care Owed

INTERNATIONAL HSE COUNCIL | Together We Progress

The Duty of Care was Breached

Generally, Employers should provide:

- Safe plant and equipment - Adequate instruction

INTERNATIONAL HSE COUNCIL | Together We Progress

The Breach Caused the Loss

Before any action for compensation can be considered the employee

1) They were owed a duty of care

Employers Defence Against Claims for

1) No duty of care was owed to claimant

In some legal systems there are other defences available to the

- The person willingly accepted the risk

When it has been established that there is a claim, the

INTERNATIONAL HSE COUNCIL | Together We Progress

Meaning of Vicarious Liability

The aim of Criminal Law is to punish

INTERNATIONAL HSE COUNCIL | Together We Progress

Frameworks 2) Goal Setting

Regulating It gives detailed and technical requirements

The advantages of this are that the Employer

Safety has clear requirements to meet. However, it is

There are three main approaches towards

The European (Goal setting)

INTERNATIONAL HSE COUNCIL | Together We Progress