NGIG Study Book Element 1 151122

01
ELEMENT 1
1.1 MORALS AND MONEY
1.2n THE FORCE OF LAW

– PUNISHMENT AND
COMPENSATION
Why we should
1.2i REGULATING HEALTH AND
SAFETY
manage
1.3n THE MOST IMPORTANT LEGAL workplace
DUTIES FOR EMPLOYERS AND
WORKERS
health and
1.3i WHO DOES WHAT IN
ORGANISATIONS
safety
1.4 MANAGING CONTRACTORS
EFFECTIVELY
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SCRIBBLES AND NOTES
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ELEMENT 1 WHY WE SHOULD MANAGE WORKPLACE HEALTH AND SAFETY
SYLLABUS CONTENT: MORALS AND MONEY

In this element we will cover:
n Moral expectations of good standards of health and safety
n The financial cost of incidents (insured and uninsured costs).
SYLLABUS LEARNING OUTCOME

n Justify health and safety improvements using moral, financial, and legal arguments
n Advise on the main duties for health and safety in the workplace and help their
organisation manage contractors.
01
SYLLABUS ASSESSMENT CRITERIA
n Discuss the moral, financial and legal reasons for managing health and safety in the
workplace
n Explain how health and safety is regulated and the consequences for non-
compliance.
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Justify health and safety

improvements
Due to the different aspects involved within
health and safety, there can be competing
and conflicting demands and barriers to good
standards can be varied.
For an organisation to be successful, it must

balance the arguments between profit and
loss, with the moral factors concerning expos-
ing workers or indeed others to harm.
Moral expectations of good
It is of course understood that due to the standards of health and safety
complexities and differences of some organi-
sations, and other industry compliance, other Firstly, to understand the moral argument it
solutions need to be found. is important you understand the definition of
“moral(s)”.
In order to justify any health and safety
improvements within a workplace, the moral The Collins Dictionary defines morals as:
and financial arguments must be compelling
and convincing in order to gain the buy in “Concerned with or relating
from top management. to the distinction between
Unfortunately, some organisations choose good and bad, or right and
to see health and safety as a cost, and a
requirement that will provide no benefit to the
wrong behaviour, according
organisation, except to ensure compliance. to conscience or principals
There are other barriers that should also be of behaviour in accordance
noted, for example, the general perception of with standards of right and
safety in the workplace can be negative, with
it being viewed as more interested in stopping wrong”.
people from working than keeping people
As adults the majority of us understand what
safe.
is right and wrong without this being written
down in law, it is taught to us from an early
age. So, when we are considering our moral
arguments for making improvements, regard-
ing health and safety, the rights and wrongs of
any actions, or lack of action must be consid-
ered, as detailed below.
Our moral obligations consider beyond just

our responsibilities to the health, safety, and
welfare of our employees. Employers owe a
duty of reasonable care to anyone affected
by their activities including contractors,
4 SCRIBBLES AND NOTES

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visitors, members of the public, customers suitable working hours, returning home to
and suppliers, extending our social and public spend more time with family and friends, and
expectations. being free from illness and injury.
It is also deemed socially moral for organ- The media puts much emphasis on the
isations to seek to prevent and/or reduce restrictions of health and safety, often using
accidents and injuries, including the pain and “The world gone mad” scenarios, which have
suffering of employees. prevented events going ahead, or restricted
Morally, it is not acceptable to put employees the liberties of individuals, and citing health
at risk or to expect them to risk life or limb in and safety (mostly incorrectly) as the cause.
order for the organisation to make money or The extent of the problem that is faced is
to achieve its goals. undermined by such reporting and does
Ultimately, it is unacceptable to put people nothing to promote the positivity that actively
at risk from health and safety failures. caring for health and safety brings.
Regardless of work activity, no one should be
Who does not want to be safe and healthy!
at risk of injury, illness, or death.
Both at work and at home, it is our moral right
The social attitude to work has undergone a and should be reported as such, in the media
considerable change, from previously tolerat- and within organisations. Health and safety
ing poor working environments and conditions still has a long way to go, as nationally and
and accepting injuries and ill health as part internationally the accident rates are still too
of the job, to currently having high expecta- high and we are still getting things wrong, as
tions of a comfortable working environment, the statistics below confirm.
INFORMATION FOR
NATIONAL STUDENTS
The information within this
section is required for the
national syllabus but can also be
studied by international students
providing information on UK
legislation.
The following figures are

extracted from the HSE summary
statistics for Great Britain in
2020:
SCRIBBLES AND NOTES 5
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INFORMATION FOR INTERNATIONAL STUDENTS

The information within this section is required for the international syllabus but can also be
studied by national students providing information on global standards.
According to the ILO, their figures reveal The human cost of this daily adversity is
(2019): vast, and the economic burden of poor
occupational safety and health practices is
n More than 2.78 million deaths per year
estimated at 3.94 per cent of global Gross
n Additionally, there are some 374 million Domestic Product each year.
non-fatal work-related injuries each
year, resulting in more than 4 days of You can access the latest figures via:
absences from work. https://www.ilo.org/global/
n Working children suffer 12 million occu- topics/safety-and-health-at-
pational accidents and an estimated work/lang--en/index.htm
12,000 of them are fatal
n Asbestos alone kills more than 100,000
workers every year.
Of course, the moral argument should be the physical, or psychological); impact on health
most compelling and relies on the premise or their state of well-being, then this argument
that, “everyone wants to do the right thing, takes precedent over “getting the work out
to ensure either themselves or others are the door”.
not harmed”. The moral argument is also
Health and safety is not just concerned with
described as, “what a reasonable person
objects and premises; predominantly the
would do”.
objective is to protect people. To do this
Sometimes this premise can be lost in the introduces a broader challenge because it is
pursuit of profit as that is where the focus is in extremely difficult to legislate for behaviour.
business terms. The proactive management of health and
safety at work helps organisations prevent
The moral thing to do of course is ensure
injuries and ill-health and if this is carried
suitable provisions are made within each
out effectively, the organisation will see the
organisation to ensure the balance is in
rewards in increased morale, productivity,
the favour of the moral expectations. If the
trust, confidence, and increased reputation as
employer is unreasonably exposing its work-
being an organisation that actively cares for
force to situations that could endanger them,
its employees. This in turn results in a suc-
leading to either loss of life; injury (mental,
cessful profitable business.

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Financial costs of incidents (insured and uninsured)

The benefits of health and safety cannot be Health and safety is deeply rooted within the
measured in the standard way of using sales means to prevent accident and injury. It is
forecasts, but there are significant cost bene- when such events take place that the true
fits that you need to be aware of and to utilise costs of the failure to manage safety are most
as a way of persuading management that apparent.
there is a need to invest in improving health
and safety.
INFORMATION FOR NATIONAL STUDENTS

The information within this section is required for the national syllabus but can also be
studied by international students providing information on UK legislation.
Employers’ Liability Insurance

In the UK legally, an employer must have under the Employers’ Liability
Employers’ Liability Insurance to insure (Compulsory Insurance) Act
against the injury or ill-health of employees. 1969.
This insurance must be a minimum cover
https://www.legislation.gov.uk/
of five million pounds. This is required
ukpga/1969/57/contents

For information on employee insurance https://www.ilo.org/dyn/

internationally, please see the ILO normlex/en/f?p=NORMLEX-
Convention C121 and refer to your own PUB:12100:0::NO::P12100_ILO_
National Legislation. CODE:C121
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Direct and indirect costs insurance to cover for injuries and ill health
experienced by their employees while at work.
When an accident occurs, there are two types
of costs that are accrued: Employers may also have insurance for
accidents involving vehicles, and possibly
Direct costs are concerned with the imme- third-party, buildings insurance or product
diate costs of the accident and will include liability insurance. However, insurance
damage to any equipment, the loss of the policies only cover a small proportion of the
worker if they have to take a leave of absence costs of accidents. It is important you check
and potentially fines or compensation. Some your organisation’s policy to understand the
of which may be insurable. scope of cover.
Indirect costs are concerned with the less
obvious costs, such as replacement labour, Uninsured costs
clean up after the incident, loss of sales, and The uninsured costs are estimated at about
loss of confidence of the workforce, which ten times the amount of the actual incident.
may result in employees deciding to leave These consist mostly of indirect costs, such
the company. In general, you cannot insure as, the repair or replacement of damaged
against indirect cost. machinery or work equipment and the need to
hire additional equipment or additional labour.
The following diagram illustrates that the
insured costs are just the tip of the iceberg. Effective health and safety can improve
Beneath are far more substantial costs that production and product quality, and boost
cannot be insured against. motivation within the workforce. This in turn
helps to lower the staff turnover rate and
to save on such costs as retraining and job
advertising.
A motivated workforce and improved pro-

ductivity have a positive impact on the
organisation’s image and reputation, which
will help with the development of goodwill
and stronger relationships with other organ-
isations, resulting in further business and
profitability.
Ineffective health and safety conversely, is

costly in terms of the need to tender for new
business which may have been lost, which
costs money and time. And of course, time is
money.
Through the reduction of accidents and

Insured costs
claims, insurance issues are less costly. If
You are responsible for the health and safety organisations can demonstrate compliance,
of your employees while they are at work. they can achieve lower premiums.
In some countries, employers must have

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In addition, internal resources are not drained n Loss of expertise/experience

due to accident and incident investigations, n Loss of morale/bad publicity
attending court and facilitating enforcement
officer visits, all of which can be very time Example – accident-related costs
consuming if the organisation is constantly
An employee at a small engineering firm,
involved with incidents. And should an inspec-
which employs 15 workers, gets their sleeve
tor need to visit site this will result in a Fee for
caught on a rotating drill. This results in the
Intervention (FFI) from the HSE. More on the
employee breaking both bones in their lower
FFI is discussed in module 1.2.
arm and having to spend 12 days in hospital.
More examples of uninsured costs include: Due to the extent of the injury, the employee
is unable to work for 3 months. Upon their
n Product and material damage
return to work, they spend the next 5 months
n Lost production time
on admin duties, meaning that they are unable
n Legal costs to operate machinery for a total of 8 months.
n Overtime and temporary/relocated labour As a result of this accident, the Managing
n Investigation time/administration Director is prosecuted, and two employees
are made redundant to prevent the company
n Supervisors/first aider time
going out of business.
n Additional recruitment/training
Below is an example of potential costs to the
n Fines
engineering firm (use the currency relevant to
your country):
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INCIDENT POTENTIAL COST

Wages for injured worker over period £8,000
Lost production/remedial work required £7,000
Wages for replacement worker £6,000
Increase in Insurance Premiums £4,000
Loss of time of manager/MD £4,000
Fines and court costs £3,000
Overtime wages to cover lost production £3,000
Legal expenses £45,000
Total cost to business £80,000
USEFUL DOCUMENTS
Health and safety made simple: This guide is for those who want some basic
information on what they must do to ensure
the basics for your business  they comply with health and safety law.
https://www.hse.gov.uk/pubns/
indg449.pdf
The health and safety toolbox: Packed with simple, straightforward advice,
this book covers the most common workplace
how to control risks at work  hazards. It shows how most small to medi-
um-sized businesses can put measures in
place to control the risks.
priced/hsg268.pdf

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CASE STUDY
National grid fined £4m for handing over incomplete gas

records
Energy giant National Grid Gas has been hit members of the public were exposed to as a
with a £4 million penalty for passing on result of breaches of the Health and Safety
incomplete records when it sold its gas at Work Act. At Liverpool Crown Court,
distribution networks five years ago. The National Grid Gas admitted breaching
HSE’s investigation revealed the incomplete section 3(1) of the Health and Safety at Work
records were transferred to Cadent. Act. As well as the £4 million fine, the utility
company was ordered to pay £91,805 in
Records on 769 buildings were missing,
prosecution costs.
meaning gas risers in high rise multiple
occupancy buildings (HRMOBs) had not
been subject to a condition survey,
inspection, or routine maintenance for a
number of years.
Investigators found that National Grid Gas

failed to ensure that 112 HRMOBs had
pipeline isolation valves (PIVs) so that gas to
these buildings could be isolated in the
event of an incident.
The HSE launched a criminal investigation

that considered the risk that residents and
(Source: IOSH Magazine February 2021)
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SCRIBBLES AND NOTES
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1.2n THE FORCE OF LAW – PUNISHMENT AND COMPENSATION

SYLLABUS CONTENT: THE FORCE OF LAW – PUNISHMENT

AND COMPENSATION
n Sources of law
u Statute law: the legal status and relationships between Acts of Parliament,
regulations, approved codes of practice, official guidance; absolute and
qualified duties (practicable and reasonably practicable)
u Common law: precedents and case law; the importance of common law
u Relevance of statute and common law to criminal and civil law
01
n Types of law
u Criminal law: offence against the state; prosecution to establish guilt; burden
and onus of proof (see s40 Health and Safety at Work etc., Act 1974)
u Civil law: private individual seeking compensation; burden of proof; statute
barred
n Criminal law liabilities

u Role, functions and powers of: the Health and Safety Executive (HSE) / HSE
Northern Ireland (HSENI), Procurator Fiscal (Scotland) and local authorities
u Why fees for intervention (FFI) are charged (material breach of legislation)
u Powers of inspectors (see s20 of the Health and Safety at Work etc., Act 1974)
u Enforcement notices (improvement, prohibition): conditions of serving; effects;
procedures; rights and effects of appeal; penalties for failure to comply
u Simple cautions
u Prosecution: summary and indictable (solemn in Scotland) offences and
relevant penalties (including disqualification of directors)
u The Corporate Manslaughter and Corporate Homicide Act 2007: the offence
and available penalties
u Defences
13
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n Civil law liabilities

u Civil wrong (tort/delict)
u Tort/delict of negligence
u Duty of care (neighbour principle)
u Tests and defences for tort/delict of negligence: duty owed/duty breached/
injury or damage sustained
u Contributory negligence
u Vicarious liability
u The employer’s legal duty to provide a safe place of work, safe plant and
equipment, safe systems of work, training and supervision, and competent
workers
u Breach of statutory duty in relation to new and expectant mothers.
LEGISLATION
The Health and Safety at Work etc., Act (1974)
Aim is to set out general duties which employers have towards employees
and members of the public and employees have to themselves and to each
other. https://www.legislation.gov.uk/ukpga/1974/37/contents

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In addition to moral and financial reasons for Statute law

managing health and safety, as discussed
in the previous element there are also legal Statute law, or statutes, are the written law
reasons. So, in order to comply, we need of the land, which are introduced through
to have a full understanding of how the law the parliamentary process and are generally
works and the force of the law in terms of known as “acts or primary legislation”, and
either punishment or compensation, which are:
are the main consequences if you don’t n Written down, for example the Health
comply. and Safety at Work etc., Act 1974 or
in the form of Regulations (or known
Sources of law as a statutory instrument) such as
Management of Health and Safety at
There are two sources of law that we will
Work Regulations 1999
need to discuss and explain, which are
statute law and common law. n Brought into force by the UK Parliament
through Bills which pass through the
House of Commons and House of Lords,
and then are given royal assent, before
they become an Act.
The legal status and relationship between Acts of Parliament, regulations, approved
codes of practice and official guidance:
Acts of Parliament
Acts lay down general duties to be followed
and make provisions for the Regulations and
ACOPs (Approved Codes of Practice) to be
made underneath the Act that provide the
more specific detail for employers to follow.
Below is an example of the application of

acts, regulations, approved codes of prac-
tice and guidance in relation to temperature.
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Acts HASAW Act 1974 – Section 2.2(e)
Statute The provision and maintenance of a working

environment for his employees that is, so far as
is reasonably practicable, safe, without risks to
health, and adequate as regards facilities and
arrangements for their welfare at work.
Regulations The Workplace (Health, Safety and Welfare)

Regulations 1992 – Regulation 7 Temperature
Statutory instruments During working hours, the temperature in all work-

places inside buildings shall be reasonable.
Approved Codes of Practice The temperature in a workplace should normally

be at least 16 degrees Celsius. If work involves
rigorous physical effort, the temperature should be
at least 13 degrees Celsius.
Guidance Thermal comfort

Best Practice Heat Stress
Heat illness in mines
Sun protection for outdoor workers
Regulations n Health and Safety (Display Screen

Regulations are known as “statutory instru- Equipment) Regulations 1992
ments or delegated legislation” and are Approved Codes of Practice (ACOPs)
made under the Health and Safety at Work Approved Codes of Practice are produced
etc., Act 1974. The HSE and other interested by the Health and Safety Executive with
parties are consulted prior to implementa- consent from the Secretary of State. They
tion to ensure that the Regulations are clear, are produced to give a recognised interpre-
achievable, and maintain the spirit of the tation and methods of how to comply with
Act. Regulations contain more specific detail the relevant legislation. This image shows
than the Act, normally on specific hazards the front cover of the ACOP L24: Workplace
and/or activities. health, safety and welfare.
Some examples of health and safety regula- Approved Codes of Practice are not legally
tions are: binding but do have a special legal status.
n Management of Health and Safety at If you do not follow them, then you may not
Work Regulations 1999 be doing enough to be legally compliant.
This gives Approved Codes of Practice
n Provision and Use of Work Equipment
what is known as a “quasi legal” standing.
Regulations 1998
The requirement is not that you have to
n Workplace (Health, Safety and Welfare) comply, but if you choose not to follow the
Regulations 1992 Code there must be sufficient evidence by

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some other means to prove that the meas- advice contained in ACOPs and provides
ures adopted achieve compliance with the information that an organisation can adopt
Regulations in question. and incorporate into procedures and safe
working practices. Although it holds no
Due to the nature of these Codes of
legal standing and cannot be used in a court
Practice, they are easier to amend than
of law as a reason for prosecution, it may
legislation, so the guidance can be given
be referred to in court as a fair argument of
to industry more quickly than having to
what may have been done to prevent injury
go through an amendment stage or the
and/or ill-health.
parliamentary process. It is recommended
that these are always used as a first point of Absolute and qualified duties
reference when requiring interpretation of It is important to know that the requirement
legislation. You generally get the Regulation, to fulfil legal duties does vary between leg-
ACOP and guidance in one document. islation, and in some cases, within the same
legislation. There are 3 levels of duty, and all
must be complied with by the duty holder:
n Absolute – this is the highest level of

duty and the expression, “shall” is used
to express this duty. Wherever it states
“shall” in any piece of legislation this
means it is unqualified and you must
do it.
n Practicable – “shall” still applies but may
be qualified by stating “where practic
able”, which means where it is feasibly
possible, regardless of the time, incon-
venience or effort involved of doing so.
n Reasonably practicable – “shall” still
applies but may be qualified by stating
“where reasonably practical”, which
means that the time, inconvenience,
money and effort of fulfilling these
duties should be proportionate to the
level of risk, i.e., it would be expected to
invest more to control a hazard where
Guidance the level of risk is higher.
Official Guidance notes are provided by

Common law: precedents and case
the Health and Safety Executive to give a
law; the importance of common law
greater understanding or solutions (best
practice advice), regarding either a certain Common Law is established through previ-
Regulation or a requirement of a Regulation, ous civil cases, which through the findings
e.g., guidance on the use of circular saws. and rulings of the Judge set a judicial
This Guidance is more practical than the precedent (or past precedent) and by which
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similar cases can be measured against to Types of law

provide a consistent outcome and these
form a body of case law. Not to be confused There are two different types of law that
with statute law as described above. you need to be aware of and to understand
throughout your health and safety studies:
It may be beneficial to summarise the civil and criminal law.
sources of common law as follows:
n Is based on decisions made by judges Criminal law: offence against the

through “judicial precedent” state; prosecution to establish guilt;
burden and onus of proof (see s40
n By using case law, which is passed down
Health and Safety at Work etc., Act
over time
1974)
n Applies to both Criminal and Civil Law
Offence against the state
n An example being the Donaghue and
Stevenson case cited below under the Criminal law is mainly concerned with
“neighbour principle” still continues to be statute law, as the title suggests, it is a
used today. crime against the state to breach this law.
Criminal law is the process by which the
Relevance of statute and common law means of punishment of wrongful acts are
to criminal and civil law addressed, which usually consists of fines
We have discussed above the two sources or imprisonment.
of law, statute and common, so now we will Prosecution to establish guilt
discuss the relevance of these sources of
Within criminal law it is up to the prosecution
law in relation to the two different types of
to establish guilt and these cases are heard
law: civil and criminal.
in the Magistrates’ Court, which are known
The main relevance between the two is that as summary offences with possible fines
both sources of law can be used for both being unlimited and/or 6 months imprison-
civil and criminal law, but before we can ment. The time limit to bring the case is 6
fully understand this, we need to under- months.
stand civil and criminal law more fully to
More serious cases are heard in Crown
see how these sources are used, and this is
Court. These are indictable offences
discussed below.
and fines are unlimited and/or 2 years

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imprisonment. The Magistrates decide if S40 of the Health and Safety at Work etc.
there is sufficient evidence to try the case Act 1974.
and can refer it to the Crown Court. There is
no time limit. Civil law: private individual seeking
Burden and onus of proof
compensation; burden of proof;
statute barred
The burden and onus of proof is that the
prosecution must convince the judge and Civil law is mainly concerned with common
jury, through the degree of evidence pro- law, as the title suggests, it is more to do
duced (generally about 90%) to establish with civil wrongs. It is not generally a crime
guilt beyond all reasonable doubt. under statute law that has been committed
here, but in health and safety terms, a wrong
This high degree often leads to acquittal, (or a civil tort or delict in Scotland) has been
even when the authority trying the case committed against another individual.
feels that the guilt of the accused, based on
the evidence, is more probable than their A civil action can be brought against
innocence. Even so, if the slightest doubt someone when the other party feels that a
as to the guilt of the accused is created in wrongdoing has been committed against
the mind of the Court, they are given the them. Generally, a private individual seeking
benefit of the doubt and their innocence compensation for the wrongdoing.
proclaimed.
Civil law aims to restore justice to those
The burden and onus of proof, which is who have been wrongfully harmed and
beyond a reasonable doubt as outlined in this is generally accomplished or decided
upon by looking at past cases, as discussed
NGIG Nov22.indb 19 14/11/2022 10:37

above in Common Law, to see if there is any regarding personal injuries due to a tort for
past precedent they can use regarding the negligence or breach of duty, the time limit
resolution. to submit the claim is 3 years from the date
of knowledge or date of injury.
Civil law is based on decisions made by
judges (from common law past precedents) Within this Act, there are different limitation
and aims to award compensation to restore periods for different types of cause of
the claimant (the person bringing the claim) action. For example, the limitation period
to the same position prior to the wrongful is six years for a normal contract claim but
act. To be found in breach of civil law does 12 years if the contract was created by
not necessarily mean that any crime has deed. If the claim is brought to the court
been committed. outside of this time it will be barred, and the
claimant may be prevented from continuing
Burden of proof with the claim against the employer. So it is
The burden of proof is based on the balance necessary to determine whether or not the
of probabilities. This is a lesser standard limitation period has already expired.
than in a criminal case. Civil law needs
If a claim proceeds out of time, the defend-
a minimum proof of 51% for a case to be
ant will be able to plead the defence of
successful under the balance of probability.
limitation and the claimant will have the
Essentially, an employer is 100% respon-
burden of proving that the cause of action
sible for their duty of care, but if they can
arose within the relevant statutory period.
demonstrate that they have taken reasona-
ble actions, such as provided training, safe
systems of work, suitable equipment, etc.,
Criminal law liabilities
the percentage of probabilities decreases. The following diagram illustrates the UK
The judge will award compensation accord- court structure and both branches which
ing to the extent of probability. If the judge relate to Civil and Criminal Law.
thinks the case is 70% right, they will award
more than if the judge thinks the claimant is
The roles functions and powers of:
only 60% correct.
The Health and Safety Executive
(HSE) / HSE Northern Ireland
Damages are intended to return the claimant (HSENI), Procurator Fiscal (Scotland)
to their original position before the injury. and local authorities
Damages are split into two categories:
Health and Safety Executive (HSE) / HSE
n General (for non-monetary loss, e.g., Northern Ireland (HSENI), Procurator
pain and suffering) Fiscal (Scotland)
n Special (for financial loss, e.g., medical The role of the Health and Safety Executive
costs, lost earnings, etc.) is threefold. It advises the Secretary of
State in the creation and amendment of
Statute barred
regulations and also provides information
Claims may be statute barred (bar as in to and guidance for all industries. In addition,
prevent from bringing the claim under the the Health and Safety Executive provides
relevant statute) under the Limitations Act enforcement for directly regulated indus-
1980. Under the Limitations Act 1980 S11, tries, which we will learn more about.

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The HSENI is a Northern Ireland non- and with the same authority as Health and
departmental public body sponsored by the Safety Executive Inspectors.
Department for the Economy. It is responsi-
Activities that are enforced by the Local
ble for the encouragement, regulation and
Authorities include:
enforcement of occupational health and
safety in Northern Ireland. Its functions are n Retail
similar to those of the Health and Safety
n Offices
Executive in the rest of the United Kingdom.
n Catering
HSE and HSENI collaborate to ensure the
n Hotels and guest houses
effective delivery in the UK of the promotion
and enforcement of health and safety at n Restaurants
work standards. n Leisure facilities
The Crown Office and Procurator Fiscal n Churches and places of worship
Service (COPFS) is Scotland’s prosecution n Car parking facilities
service. They receive reports about crimes
from the police and other reporting agen- Fire Authorities
cies and then decide what action to take, Since the introduction of the Regulatory
including whether to prosecute someone Reform (Fire Safety) Order in 2005,
and also look into deaths that need further Fire Authorities are now involved with
explanation. enforcement for fire-related compliance.
Fire Inspectors have the same rights and
Local Authorities (LAs)
authority as Health and Safety Executive
Local Authorities provide enforcement Inspectors and have the ability to issue
for industries that are not directly regu- improvement and prohibition notices for
lated by the Health and Safety Executive. fire-related breaches. Their authority does
This is achieved through Local Authority not extend to the enforcement of any other
Inspectors, who work to the same guidance health and safety breaches or practices,
except for fire.
NGIG Nov22.indb 21 14/11/2022 10:37

Why fees for intervention (FFI) payable for handling disputes that are not
are charged (material breach of upheld and will be applied to all HSE staff
legislation) involved in responding to the dispute.
Under regulations 23 to 25 of the Health The introduction of the FFI has firmly estab-
and Safety (Fees) Regulations 2012, the lished the HSE as an enforcement body and
Health and Safety Executive have been not an advisory service.
able to recover costs for carrying out some
It helps to ensure compliance, which in turn
of its activities from those organisations
makes enforcement action, such as notices
found to be in material breach of health and
and prosecution that potentially lead to fines
safety law.
and imprisonment, less likely to occur.
This cost recovery approach is known as a
Controlling the risks effectively within the
Fee for Intervention (FFI) and is intended to
workplace also prevents serious injury,
shift enforcement costs from public funding
which reduces the likelihood of civil claims
to those organisations that breach the law.
from those seeking compensation for losses
The FFI charges apply when the HSE inspec- or injuries.
tor identifies a ‘material breach’, which is
where an organisation has breached (failed Powers of inspectors (see s20 of the
to carry out a duty or break a contract) a Health and Safety at Work etc. Act
health and safety law and the HSE inspector 1974)
believes this is serious enough for them to
Provisions for the powers of Inspectors are
take action. This will either be a notification
set out in the Health and Safety at Work etc.
of contravention, an improvement or prohibi-
Act 1974 under Section 20, which permits
tion notice, or a prosecution.
them to stop works where necessary, issue
The fees include site visits, time spent notices and begin prosecution in cases of
writing letters or investigating a case and/ serious breaches.
or any other activities related to the material
Inspectors also have the right to be involved
breach, including charging for anyone else
in accident investigations.
conducting work for the HSE. As of 2021
the fees chargeable are £160 per hour. An Inspector may choose to visit a particu-
Keep your eye on these fees as they do go lar organisation for a number of reasons:
up annually. Such charges are usually not to carry out routine inspections; to follow
covered by company insurance. The HSE
retains a percentage of all money raised,
with the balance going to the Treasury.
If organisations are dissatisfied with the

charges, a query or dispute may be raised.
The concern will be considered by a panel
of HSE staff (managers who are independ-
ent of the management chain responsible
for the work that generated the invoice)
and an independent representative. A fee is

NGIG Nov22.indb 22 14/11/2022 10:37
up a complaint; to conduct an accident Improvement notice

investigation; to carry out checks following
the receipt of an incident reported under n Such a notice can be served when, in
the Reporting of Injuries, Diseases and the Inspector’s opinion, there is a breach
Dangerous Occurrences Regulations 2013. of relevant statutory provisions; or
where there has been a breach which is
Due to the varied reasons an Inspector can likely to be continued or repeated, but
visit, you may not receive advance warning no imminent risk or harm.
of the visit.
n The notice will require the hazard to be
Inspectors have the right to enter premises resolved over a given time period.
at a reasonable time or where it is sus- n Failure to comply with the notice may
pected there is a dangerous situation. In result in a prohibition notice or prose-
the event that an Inspector is refused entry, cution. A typical example is a missing
they have the power to gain entry with document, for example, lack of a suitable
assistance from the police. and sufficient risk assessment.
The remit of inspection gives them the

Prohibition notice
right to undertake examinations/inspec-
tions; to take measurements/photographs/ n This is the more serious of the notices
recordings for the purpose of investigation; and is issued when, in the Inspector’s
and to ask and take copies of relevant opinion there is, or is likely to be, a risk
documentation. of serious or imminent danger.
It is also within their rights to request assis- n There does not have to be a breach of
tance or facilitation with the inspection from legislation for the notice to be served
relevant people with control or responsibility (although there normally will be), but in
within the organisation. their opinion there is likely to be.
n The notice will prevent the use of the
The Inspector also has the right to take
equipment or premises in question.
authorised people or equipment/materials
with them on a visit. n Failure to comply with the notice is a
criminal offence. A typical example is
Inspectors may also test any article or an unsafe scaffold or a missing machine
substance and take samples. guard.
Enforcement notices (improvement, Conditions for serving

prohibition): conditions of serving; Before serving a notice, the inspector
effects; procedures; rights and should be of the considered opinion, based
effects of appeal; penalties for failure on reasonable grounds, that the chosen
to comply form of notice (improvement or prohibition)
is justified. They should also:
There are two different types of notice that
an Inspector can serve: an improvement n Ensure that before issuing a notice they
notice and a prohibition notice. These have to have gathered any evidence which
be served in accordance with S21 and 22 of may not be available after issuing
the Health and Safety at Work etc. Act 1974. it, i.e., when people may not wish to
NGIG Nov22.indb 23 14/11/2022 10:37

co-operate. They may wish to take pho- Penalties for failing to comply
tographs of site conditions and possibly Prosecution may follow for failure to
statements comply with enforcement or where there is
n Decide whether the information available non-compliance, such as:
is strong enough to support the notice if
n Obstructing an inspector
the duty holder appeals.
n Contravention of a requirement imposed
Generally, a notice is serviced immediately by inspector
on hand on site, posted to or left at the n Preventing others from appearing before
recipients’ proper address and the receipt of an inspector
the notice must be confirmed accepted.
n Contravening a prohibition or improve-
Right and effects of an appeal ment notice
Under s24 of the Health and Safety at Work n Making a false statement
etc. Act 1974, an organisation can appeal n Falsifying records
against either notice at an Employment
n Preventing access of an inspector.
Tribunal, although any appeal must be
lodged with 21 days of receiving the notice.
For the improvement notice, the notice will

be suspended until the appeal is heard,
while prohibition notice continues to remain
in force until an appeal has been heard.
An appeal is designed for the person in

receipt of the notice to contest it. An appeal
will usually be made on the grounds of:
n The notice has not been properly

served; or
n cannot be complied with because the Simple cautions
wording is so confusing; or was, in the
A simple caution (once known as a formal or
opinion of the court, in fact complied
police caution) is a formal warning that may
with
be given to persons aged 18 or over who
n Incorrect interpretation of the regula- admit to committing an offence. The simple
tions made by the inspector caution scheme is designed to provide a
n The Inspector exceeded their powers means of dealing with offending without a
n A breach of the law was admitted, but prosecution, when there is evidence of an
the claim is believed to be insignificant offence, but the public interest does not
require a prosecution.
n The breach of the law is admitted, but
the guidance to rectify it is not possible Cautions are included in the Enforcement
or practicable. Policy Statement (EPS) as one of the possi-
ble responses to a criminal offence available
to inspectors.

NGIG Nov22.indb 24 14/11/2022 10:37
A simple caution is defined in the EPS as: “a 6 months ordered by magistrates or 2 years
statement by an Inspector, that is accepted via the Crown Court. Crown Court cases
in writing by the duty holder, that the duty are heard by a judge and jury. In England
holder has committed an offence for which and Wales there are 12 members of the jury,
there is a realistic prospect of conviction. A while in Scotland there are 15.
simple caution may only be used where a
Disqualification of directors
prosecution could be properly brought.”
In addition to fines and imprisonment, The
Cautions are entirely different from the Company Directors Disqualification Act 1986
caution given by an Inspector prior to asking empowers a court to make a disqualification
questions of a suspect concerning an order against a person convicted of an
alleged offence. indictable offence (Crown Court).
Prosecution: summary and indictable Disqualified persons must not be a director,

(solemn in Scotland) offences liquidator or administrator of a company,
and relevant penalties (including or receiver and manager of a company’s
disqualification of directors) property, or in any way, directly or indirectly,
be concerned or take part in the promotion,
Prosecutions will usually be brought about formation, or management of a company for
after a visit from an enforcement agency a specified period.
and might begin with an enforcement notice
being served. Corporate Manslaughter and
Corporate Homicide Act 2007
Cases are either summary offences or
indictable offences, depending on the Within the Corporate Manslaughter and
magnitude of the act or omission and scale Corporate Homicide Act 2007 companies
of the breach of the health and safety and organisations can be found guilty
legislation. of corporate manslaughter as a result of
serious management failures resulting in a
Summary offences are heard within the
gross breach of a duty of care.
Magistrates’ Court, while indictable offences
are assessed first by the Magistrates’ Court Prosecutions will be of the corporate body
and then referred to Crown Court if it is and not individuals. As with prosecutions
believed there is sufficient evidence. against companies, organisations will be rep-
resented by their lawyers in court, although
Indictable (solemn in Scotland) offences individual directors, managers and other
are very serious and include murder and employees may be called as witnesses.
manslaughter. There is, however, a third
option, where the case can be triable either Penalties will include unlimited fines, reme-
way. This option is used depending on the dial orders and publicity orders.
accused and the severity of the case.
n A fine – there is no upper limit to what
For each breach, fines are unlimited in this can be
the Magistrates’ Court and Crown Court. n A publicity order requires an organisa-
Prison sentences can be issued by both tion to publicise the fact of its conviction
courts, with a maximum prison sentence of and certain details of the offence, in a
NGIG Nov22.indb 25 14/11/2022 10:37

way specified by the court. Such as via a Civil wrong (tort/delict)

trade magazine or public notice
A tort is a civil wrong (in English law) and
n A remedial order requires the organi- may involve either common or statute law.
sation to address the cause of the fatal In Scotland, it is known as “delict”, although
injury. the meaning is the same.
Defences It is an act or omission that leads to injury or

harm or some form of loss to another, which
In order to form a defence under Criminal
then amounts to a civil wrong for which
Law, the following points each have to be
courts impose liability.
considered:
There are several torts, and these include
n Individuals must prove that they took all
defamation, nuisance, breach of statutory
reasonable care
duty, and negligence.
n Employers must prove that they took all
reasonably foreseeable precautions With regard to health and safety, this can
either be the tort of negligence or the tort of
n Due diligence must have been exercised
breach of statutory duty.
n The accused must prove that it was not
practicable or reasonably practicable
(whichever the case may be) to do more.
Civil law liabilities

As we learned earlier, civil claims form part
of the Civil Law. Cases can be brought by
individuals and are heard through the Civil
Court structure. Civil Courts consist of
the County Court and the High Court. The
person seeking retribution is known as the
claimant and the person accused of the Duty of care (neighbour principle)
wrongdoing is the defendant. This principle was established in the case of
Donoghue v. Stevenson (1932), commonly
known as the case of “the snail in the bottle”.

NGIG Nov22.indb 26 14/11/2022 10:37
CASE LAW
Donoghue v. Stevenson (1932)

This case involved two ladies. A friend of
the claimant purchased a bottle of ginger
beer. The claimant drank some of the beer
in which was found the remains of a
decomposed snail. She was subsequently
ill and sued the manufacturer. She was
unable to sue the manufacturer for breach
of contract because the only contract that
existed was with the claimant’s friend who
had bought the ginger beer and the
manufacturer. The House of Lords held
that the defendant being the test whether someone is a “neighbour”, in
manufacturer of the ginger beer owed a the legal sense, can be established if it can
duty of care to the claimant as the be reasonably foreseen that the act or
consumer of the beer to take reasonable omission may cause harm to them.
care to ensure that the bottle did not
To summarise, it was established in this
contain anything that might cause harm.
case that, where a duty of care does not
In this case the judge said that reasonable already exist, we shall owe a reasonable
care must be taken to avoid acts or duty of care to our neighbours. A
omissions which, with reasonable “Neighbour” is therefore considered to be
foresight, you would know would be likely anyone that could be affected by our acts
to injure your neighbour. This is known as or omissions.
the “Neighbour Principle”. Therefore, the
https://www.lawteacher.net/cases/donoghue-v-stevenson.php
NGIG Nov22.indb 27 14/11/2022 10:37

Tests and defences for tort/delict of Vicarious liability

negligence
An employer can be held “vicariously liable”
The tort of negligence basically gives the for an unauthorised negligent act commit-
affected party an opportunity to seek com- ted by one of his employees. This means
pensation for the wrongful act or omission, that should an employee who commits an
i.e., failing in a duty of care, failing to do offence while at work and under the direc-
something a reasonable person would do, or tion of the employer, the employer would be
doing something a reasonable person would held wholly accountable.
not do. To bring about a case of negligence,
The employer may still be liable, even if the
specific criteria has to be met.
employee had been specifically forbidden
The criteria are: from doing something. That said, this does
not affect the employee’s duties to take
n A duty of care was owed
reasonable care of their own health and
n The duty of care was breached safety and others who may be affected by
n Injury or damage sustained. their activities.
It is then the defendant’s opportunity to Claimant voluntarily accepted the risk

respond to the claim. The defence will need (volenti non fit injuria)
to rely on one or more of the following:
n Duty of care NOT owed, e.g., defendant

Volenti non fit injuria means
was a third party/employee not acting in ‘the willing cannot be
course of employment
injured’
n Duty of care NOT breached, e.g.,
accident not reasonably foreseeable/
no reasonable alternative to way work
conducted)
n Breach DID NOT directly result in
harm/injury, e.g., injury was caused by
something not related to work, such as
hearing loss from sporting activities.
Contributory negligence
This is a form of defence, albeit a partial
one, and involves the defendant taking The defence operates by asserting that the
responsibility for a proportion of the blame. plaintiff freely and voluntarily assumed the
risk that caused the injury, so should not be
Using this type of defence requires the
allowed to blame someone else.
defendant to identify not only their own
failures but also to apportion some of the Unlike contributory negligence, volenti is
blame to either a third party or the claimant. a total defence. That is, if it succeeds the
The claimant’s award is then reduced, or plaintiff gets nothing at all. However, to
can even be denied entirely, if they were to succeed, the defendant must show that
blame. the plaintiff consented to the actual risk

NGIG Nov22.indb 28 14/11/2022 10:37
to which he or she was exposed, either of work, he is performing the duty of the
expressly or by inference. employer. The employer remains vicariously
responsible for the agent’s negligence.
Defences based on express consent are
relatively rare, but they do occur. A duty rests on the employer to take rea-
sonable care for the safety of his workmen,
The Employer’s legal duty to provide whether the employer is an individual, a
a safe place of work, safe plant firm or company, and whether or not the
and equipment, safe systems of employer takes any share in the conduct of
work, training and supervision, and the operations.
competent workers
These duties are owed by the employer and
The Common Law duties of an employer as such cannot be delegated to any other
were established in 1938, from the rulings person. Although the means to implement
passed in the case of Wilsons & Clyde Coal these provisions might be allocated to others
Co. Ltd v. English, see below. in the workforce to implement, the ultimate,
responsibility rests with the employer.
Where an agent is performing the
employer’s duty of providing a safe system
CASE LAW
Wilsons & Clyde Coal Co. Ltd v English

Mr English, a miner, was injured at work equipment was switched on and the
when he was crushed by haulage plant. He claimant was crushed between the equip
claimed damages from his employer, the ment and the wall of the mine. The
mine owner. The employer argued that, at defendant claimed that the claimant could
the time of the accident, responsibility for have got out of the pit by a different route
the safety of the mine had been delegated or could have called to the operator of the
to his agent. The common law duties of an haulage equipment telling him of his
employer to his employees were identified presence.
in general terms in this case. These duties
The House of Lords held that the employer
comprise what is called employers’ liability.
owes a duty of care to his employee which
In this case the employers were liable for is threefold:
injuries caused to a miner as a result of an n A safe place of work (including safe
unsafe system of work. The claimant was access and egress)
working underground near the pit bottom
n Safe equipment
at the end of his shift when the haulage
NGIG Nov22.indb 29 14/11/2022 10:37

n A Safe system of work and provision of It was therefore ruled under Common Law
competent employees. (not Statute), that the employer has a duty
to provide for his employees:
This obligation is fulfilled by the exercise of
due care and skill. The case was also n A safe place of work (including safe
important because it stated that those access/egress)
duties were owed personally by the
n Safe plant and equipment
employer to each employee and were
non-delegable, that is to say the n Safe systems of work
performance of those duties could be
delegated but the responsibility for their n Training and supervision
correct discharge could not. n Competent fellow employees.
https://www.lawteacher.net/cases/wilsons-and-clyde-coal-v-english.php
Breach of statutory duty in relation to Regulations 1999 at Regulation 16, 16a, 17

new and expectant mothers and 17a, stating “so far as it causes damage,
be accountable to the new or expectant
Specific health and safety requirements
mother”.
relating to new and expectant mothers at
work are contained in the Management of S22 of the Management of Health and
Health and Safety at Work Regulations 1999 Safety Regulations 1999 is also relevant
Regulations 16 to 18. here with regard to the exclusion of civil
Regulation 16 of Management of Health and liability.
Safety Regulations places a duty on employ- Once an employer is notified in writing
ers to conduct a risk assessment in respect that she is a new or expectant mother, as
of new and expectant mothers, and this also requirement under regulation 18, stating that
includes women of childbearing age. she is pregnant, or that she has given birth
In 2013, the Health and Safety at Work Act within the past six months or that she is
(Civil Liability) (Exceptions) Regulations breastfeeding, the employer should immedi-
2013 came into force amending the ately take into account any risks identified in
Management of Health and Safety at Work their workplace risk assessment.

NGIG Nov22.indb 30 14/11/2022 10:37
A summary of civil and criminal law

CIVIL LAW CRIMINAL LAW
Purpose To deal with the disputes To punish offences against the

between individuals, organisa- state
tions, or between the two, in
which compensation is awarded
to the victim
Offence Against an individual Against the state
Initiated by Anyone affected HSE or local authorities
Timescales Initiate 3 years from knowing Six months for summary offences
about the loss (can be longer)
Courts County Court Magistrates and Crown Court
Burden of proof Balance of probability Beyond reasonable doubt
Decision Defendant can be found liable or Defendant is convicted if guilty

not liable, the judge decides this and acquitted if not guilty, the
jury decide this
Outcome Compensation Fines and imprisonment
USEFUL DOCUMENTS
Health and safety regulation: a Explains the differences between guidance,

ACOPs and regulations.
short guide 
hsc13.pdf
NGIG Nov22.indb 31 14/11/2022 10:37

CASE STUDY
Council fined over death of girl in rotten swing collapse

Tower Hamlets Council has been fined
£330,000 after a child died when play
ground equipment collapsed on her in a
park.
The five-year-old was playing on a rope

swing in Mile End Park in east London
when the post snapped at its base causing
a rotten tree trunk holding the equipment
to fall on to her. She went into cardiac
arrest and died about an hour later as a
result of a head injury.
London Borough of Tower Hamlets Council
The structure, installed by Free Play pleaded guilty to breaching section 3(1) of
Design, used poplar wood instead of the the Health and Safety at Work Act. It was
oak that had been specified. The council fined £330,000 and ordered to pay costs
had also failed to ensure that an annual of £6,204.
playground safety check was carried out.
(Source: IOSH Magazine January 2021)

NGIG Nov22.indb 32 14/11/2022 10:37
1.2i REGULATING HEALTH AND SAFETY

SYLLABUS CONTENT: REGULATING HEALTH AND SAFETY

n What enforcement agencies do and what happens if you don’t comply
n The part played by international standards (like ISO45001)
n The International Labour Organisation’s (ILO) Convention C155 and

Recommendation R164
u Employers’ responsibilities (C155 Article 16 and R164 Recommendation 10)
u Workers’ responsibilities and rights (C155 Article 19 and R164
Recommendation 16)
01
n Where you can find information on national standards.
LEGISLATION
The International Labour Organisation’s (ILO) Convention C155
Occupational safety and health convention (1981) (No. 155)
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:
0::NO::P12100_ILO_CODE:C155
The International Labour Organisation’s (ILO) Recommendation

R164 Occupational safety and health recommendation (1981)
(No. 155)
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:
0::NO::P12100_ILO_CODE:R164
33
NGIG Nov22.indb 33 14/11/2022 10:37

What enforcement agencies do practice; and gives assurances to workers

and other interested parties that an effective
and what happens if you don’t
health and safety management system is in
comply place.
The term construction covers:
The purpose of this management system is
In each individual Country the nature and to provide a framework for managing risks
role of enforcement agencies will differ. The and opportunities, with the outcome being
reason for the creation of the enforcement to prevent work related injury and ill-health
agencies is to ensure that any health and to workers and provide safe and healthy
safety laws are complied with, and that workplaces.
there are penalties for non-compliance.
Penalties for non-compliance will differ, but The International Labour
are likely to include: Organisation’s (ILO)
n Issuing of formal notices to remedy Convention C155 and
breaches within set timescales Recommendation R164
n Prosecution (either of company and/or It is the responsibility of National Govern
individuals involved) ments to develop and implement health
n Fines (company and/or individuals) and safety legislation. This may be influ-
n Prison sentences (individuals). enced by other requirements. Within the
ILO (International Labour Organisation)
In some Countries, criminal action will be Guidelines on Occupational Safety and
publicised, meaning that the reputation Health Management Systems and within the
of the company can suffer and may result Occupational Safety and Health Convention
in lost business. It is essential that you it is clearly identified that Employers should
understand how the laws are upheld in the provide the basics of:
Country in which you live and/or work.
n A safe place of work
The part played by n Safe plant and equipment

international standards (like n Safe systems of work
ISO 45001) n Adequate training and supervision
The International 45001:2018 Health & n Competent fellow employees

Safety Management System is globally
recognised and can assist organisations to
Employers’ responsibilities C155
gain certification to this standard, which is
Article 16
externally audited by a third-party accred- 1. Employers shall be required to ensure
itation body. More in-depth information on that, so far as is reasonably practicable,
45001 can be found within element 2.2. the workplaces, machinery, equipment
and processes under their control are
Adopting and the implementation of this
safe and without risk to health.
standard can play a big part in helping your
organisation to fulfil its legal requirements 2. Employers shall be required to ensure
to comply with the law and adopt best that, so far as is reasonably practicable,

NGIG Nov22.indb 34 14/11/2022 10:37
the chemical, physical and biological regarding occupational safety and health
substances and agents under their and the working environment adapted
control are without risk to health when to the size of the undertaking and the
the appropriate measures of protection nature of its activities;
are taken. e) to provide, without any cost to the
3. Employers shall be required to provide, worker, adequate personal protective
where necessary, adequate protective clothing and equipment which are rea-
clothing and protective equipment to sonably necessary when hazards cannot
prevent, so far as is reasonably prac- be otherwise prevented or controlled;
ticable, risk of accidents or of adverse f) to ensure that work organisation, par-
effects on health. ticularly with respect to hours of work
and rest breaks, does not adversely
Each Nation will make suitable provision
affect occupational safety and health;
for this within their National Legislative
Framework. We will discuss these arrange- g) to take all reasonably practicable meas-
ments in more detail in later sections, it is ures with a view to eliminating excessive
vitally important that you are aware of the physical and mental fatigue;
pertinent legislation in the country/region in h) to undertake studies and research or
which you live and/or work. otherwise keep abreast of the scientific
and technical knowledge necessary to
Employers’ responsibilities R164 comply with the foregoing clauses.
recommendation 10
Workers’ responsibilities and
The obligations placed upon employers with
rights (C155 Article 19 and R164
a view to achieving the objective in Article
Recommendation 16)
16 of the Convention might include, as
appropriate for different branches of eco- As well as the requirements placed on the
nomic activity and different types of work, Employer, national legislation should also
the following: place responsibilities on the individual
workers involved. This is likely to extend to:
a) to provide and maintain workplaces,
machinery and equipment, and use n Taking reasonable care of themselves
work methods, which are as safe and and others
without risk to health as is reasonably n Co-operating with their Employer
practicable;
n Reporting hazards/near misses, etc.
b) to give necessary instructions and
n Attending health and safety training and
training, taking account of the functions
following instructions
and capacities of different categories of
workers; n Wearing Personal Protective Equipment
(PPE), using safety equipment, not inter-
c) to provide adequate supervision of work,
fering with safety equipment, etc.
of work practices and of application and
use of occupational safety and health C155 Article 19
measures;
There shall be arrangements at the level of
d) to institute organisational arrangements
the undertaking under which:
NGIG Nov22.indb 35 14/11/2022 10:37

a) Workers, in the course of performing protected at all times. Vulnerable workers

their work, co-operate in the fulfilment (e.g. young, old, pregnant, etc.) should be
by their employer of the obligations afforded additional protection under law.
placed upon him;
b) Representatives of workers in the under-
R164 Recommendation 16
taking co-operate with the employer The arrangements provided for in Article 19
in the field of occupational safety and of the Convention should aim at ensuring
health; that workers:
c) Representatives of workers in an under- a) take reasonable care for their own safety
taking are given adequate information and that of other persons who may be
on measures taken by the employer to affected by their acts or omissions at
secure occupational safety and health work;
and may consult their representative
b) comply with instructions given for
organisations about such information
their own safety and health and those
provided they do not disclose commer-
of others and with safety and health
cial secrets;
procedures;
d) Workers and their representatives in the
c) use safety devices and protective equip-
undertaking are given appropriate train-
ment correctly and do not render them
ing in occupational safety and health;
inoperative;
e) Workers or their representatives and,
d) report forthwith to their immediate
as the case may be, their representa-
supervisor any situation which they have
tive organisations in an undertaking,
reason to believe could present a hazard
in accordance with national law and
and which they cannot themselves
practice, are enabled to enquire into,
correct;
and are consulted by the employer on,
all aspects of occupational safety and e) report any accident or injury to health
health associated with their work; for which arises in the course of or in con-
this purpose technical advisers may, by nection with work.
mutual agreement, be brought in from
outside the undertaking;
Where you can find information
f) A worker reports forthwith to his imme-
on national standards
diate supervisor any situation which he There is a wealth of information on health
has reasonable justification to believe and safety available for all organisations
presents an imminent and serious to assist in the effective management of
danger to his life or health; until the risks and to understand strengths and
employer has taken remedial action, if weaknesses of the management systems
necessary, the employer cannot require in place. The information comes from both
workers to return to a work situation internal and external sources.
where there is continuing imminent and
Internal Sources of Information
serious danger to life or health.
Internal sources of information are collated
Workers should be given suitable rights and compiled from within an organisation.
to ensure that their health and safety is The information is collected from reactive

NGIG Nov22.indb 36 14/11/2022 10:37
methods, such as accident and ill health problem solving solutions for particular risks.
data. This enables an organisation to
Manufacturer’s data is also invaluable;
understand the incidents that have caused
it will provide guidance on maintenance
injury, damage, or loss and to assess the
requirements, safe operations and the vital
weaknesses of the current arrangements.
statistics of any equipment or machinery
Absence records can also assist in under-
being used within the workplace.
standing the scope of absence from work
and the underlying causes. British, European and International
Standards provide further information and
There are also active monitoring records
compliance requirements and standardise
that can assist, such as completed Inspec
safety requirements so that at the purchas-
tions and maintenance reports. These can
ing stage an organisation can identify the
be used to assess how effectively arrange-
required standard and purchase appropri-
ments are being carried out and indicate
ately graded equipment.
areas where more investment or further
processes might be required. Trade associations publish a wealth of infor
mation on all aspects of safety, whether it
Audits can provide a wealth of structured
is in relation to working practices, particular
information, which systematically go
equipment or the human effects of the
through the arrangements and identify
workplace. Trade associations make survey
areas where compliance is strong and also
results known and have a larger resource
where it requires further development. Audit
than many individual organisations for the
scores can be used in setting targets and
commissioning of studies, so the reliability
objectives for the following year.
of the studies increases due to the numbers
Investigation reports provide a key oppor- involved.
tunity to understand failures and to identify
IT sources and encyclopaedias are a great
areas where improvements are required.
resource for the health and safety pro-
The use of internal information sources can fessional and ensure that the practitioner
be collated and used for comparison against or the organisation is kept up to date with
other companies within the same industry, developments, recent events and topical
this gives an organisation the opportunity discussions. In terms of sources of infor-
to measure itself against competitors and to mation that are provided by websites and
identify where improvements can be made publicity offices of national and international
and to develop a stronger position within agencies, it is important to be aware of:
the marketplace.
n International Labour Organisation (ILO)
External Sources of Information n Occupational Health and Safety
External information comes from a range Administration (for the USA)
of sources. Legislation and ILO guidance n European Agency for Safety and Health
provides critical sources that can be used by at Work (within the EU)
an organisation to firstly ensure compliance
n Health and Safety Executive (within the
and secondly outline areas for improvement
United Kingdom)
and further development. Such sources of
information can be of great assistance when n Worksafe (within Western Australia).
NGIG Nov22.indb 37 14/11/2022 10:37

USEFUL DOCUMENTS
Safety and health at work Up to date statistics, news and publications

on safety and health at work
– International Labour
Organization  https://www.ilo.org/global/
topics/safety-and-health-at-
work/lang--en/index.htm

NGIG Nov22.indb 38 14/11/2022 10:37
CASE STUDY
Company director jailed for death of worker in Western

Australia
In 2020 a young employee was killed at despite the worker not having completed
work while he was installing roof sheets on the relevant certificate that would have
a large industrial style shed in Esperance, enabled him to complete such work.
Western Australia.
The business was fined $550,000 in
The worker was fatally injured when strong respect of the charge of gross negligence
winds caused him to fall approximately and received fines of $55,000 for breaches
nine metres from the shed roof. A of the Occupational Safety and Health
colleague of the deceased worker also fell Regulations 1996.
from the roof and sustained multiple
serious injuries.
The Esperance Magistrates Court found on

24 May 2021 that the employer had failed
in its duty to provide a safe workplace for
its employees. Amongst other failings by
the employer, the Court found that the
employer had permitted the deceased
worker to undertake construction work,
(Source: Corrs Chambers Westgrath 2021)
NGIG Nov22.indb 39 14/11/2022 10:37

SCRIBBLES AND NOTES
NGIG Nov22.indb 40 14/11/2022 10:37
1.3n THE MOST IMPORTANT LEGAL DUTIES FOR EMPLOYERS AND WORKERS

SYLLABUS CONTENT: THE MOST IMPORTANT LEGAL DUTIES

FOR EMPLOYERS AND WORKERS
n Health and Safety at Work etc., Act 1974: Sections 2–4, 6–9, 36 and 37
n Management of Health and Safety at Work Regulations 1999: Regulations:

Sections 3–5, 7, 8, 10 and 13–14.
LEGISLATION
The Management of Health and Safety at Work Regulations (1999)
01
Requires employers to put in place arrangements to control health and
safety risks including health and safety policy, risk assessments, effective
planning, training and consulting with employees.
https://www.legislation.gov.uk/uksi/1999/3242/contents/made
41
NGIG Nov22.indb 41 14/11/2022 10:37

Health and Safety at Work etc., Section 2 – General duties of

Act 1974: sections 2–4, 6–9, 36 employers to their employees
and 37 Section 2 (1)
The Act has had such a significant impact Every employer must ensure, so far as is
on reducing accidents and ill health in the reasonably practicable, the health, safety
workplace and improving working condi- and welfare at work of all his employees.
tions. Despite the age of the Act, it is still
very relevant today, despite the changes Section 2 (2)
in technology, processes, equipment,
substances, work patterns and employees’ More specifically, employers must provide:
demographics.
n Safe plant and systems of work and
In order to be able to advise on any legisla- maintenance
tive duties, it is firstly important to be able n Safe use, handling, storage and trans-
to identify and interpret what these duties port of articles and substances
are and how they are meant to be complied
n Information, instruction, training and
with.
supervision
So, you need to be familiar with the broader n A safe place of work, including safe
principles of the Health and Safety at Work access and egress
etc. Act 1974, particularly with regard to
n A safe work environment with adequate
some of the sections.
welfare facilities.
Section 2 (3)
Employers must prepare a written statement
of their policy, organisation and arrange-
ments for putting the policy into effect.
Which must be revised and updated as
necessary and bring the policy and arrange-
ments to the notice of all employees.
Section 2 (4-7)
These are the key sections that will give you Employer’s duties to consult with employ-
a greater understanding of the scope and ees both unionised and non-unionised.
requirements of this Act. Refer to the Consultation with Employees
Regulations 1996 and the Safety
Representatives and Safety Committees
Regulations 1996. More detail can be found
in Element 3.2.

NGIG Nov22.indb 42 14/11/2022 10:37
Section 3 – General duties of Section 7 – General duties of

employers and self-employed to employees at work
persons other than their employees
Employees’ Duties:
Every employer and self-employed person
n To take reasonable care of themselves
must conduct their undertaking in such
and others who may be affected by their
a way as to ensure, so far as is reasona-
acts or omissions at work
bly practicable, that persons not in their
employment who may be affected, are not n To co-operate with their employer to
exposed to risks to their health and safety. enable him to comply with the law.
Section 4 – General duties of persons Section 8 – Duty not to interfere with

concerned with premises to persons or misuse things provided pursuant
to certain provisions
other than their employees
Duty on every person:
Those in control of non-domestic prem-
ises must ensure, so far as is reasonably n No person may misuse or interfere with
practicable, that the premises, the means anything provided in the interest of
of access and egress, and any plant or health, safety or welfare.
substances, are safe and without risks
n This not limited to just employees.
to health. This applies to landlords, etc.
Common areas of residential premises are Section 9 – Duty not to charge
non-domestic. employees for things done or
provided pursuant to certain specific
Section 6 – General duties of requirements
manufacturers etc. as regards
articles and substances for use at Employees cannot be charged for anything
work done, or provided, to comply with Health
and Safety law, e.g., PPE or training.
Designers, manufacturers, importers and
installers of any article/substance for use at Section 36 – Offences due to fault of
work must ensure that: other person
n They are safe and without risk to health Where an offence has been committed due
when they are being used, handled, to the fault of another person, that other
stored or transported. person may be found guilty of the offence,
n Necessary research, tests and examina- and that person may be charged with and
tions have been carried out. convicted of the offence.
n Adequate information is provided to
ensure safe use, dismantling and dis- Section 37 – Offences by bodies
posal, e.g., operating manuals. corporate
n Revised information should be given if a A body corporate is defined as a corpora-
serious risk becomes known. tion consisting of a body of persons legally
authorised to act as one person.
NGIG Nov22.indb 43 14/11/2022 10:37

Where an offence is committed by a body

corporate and is attributable to any neglect,
consent or connivance (willingness to allow,
or in the knowledge) of a director or other
senior officer, then that person may also be
prosecuted.
As a body corporate operates only by

and through the actions of its employees,
including managers and directors, if there
is an offence by a body corporate then
there is likely to also be some measure of Section 37 does not require a conviction
personal failure by one or more members of of the body corporate but does require
management. proof that it has committed an offence. If
the HSE wish to recommend prosecution
This does not mean individuals are auto-
under section 37 only, they must be able to
matically prosecuted. The liability does not
bring evidence to show that the company
fix on any person because of the name that
committed an offence as well as evidence
attaches to his/her role in the company, but
of consent, connivance or neglect by the
because of the authority and responsibility
director or manager.
that s/he has within it.
Unjustified and poorly judged prosecutions

Management of Health and
of managers may lead to their refusal to
accept explicit responsibility for overseeing
Safety at Work Regulations
occupational safety and health. In order to 1999: Regulations 3–5, 7, 8, 10
ensure consistency, the HSE consider: and 13–14
n Did s/he have effective control over the The Management of Health and Safety at
matter? Work Regulations, sometimes referred to
as “the Management Regulations”, gener-
n Did s/he have personal knowledge of the
ally provide more explicit advice on what
circumstances surrounding the event?
employers are required to do to manage
n Did s/he fail to take obvious steps to health and safety under the Health and
prevent the event? Safety at Work Act. This is known as “dele-
n Has s/he had previous advice/warnings? gated legislation”.
n Was there previous advice to the Like the Act, they apply to every work
company? activity, and as such may be considered
n Is responsibility shared between more the most important of all Health and Safety
than one level of management? Regulations. The Management of Health
Although, most commonly, there will be and Safety at Work Regulations place a duty
criminal proceedings against the company, on employers to assess and manage risks
as well as against the director or manager, it of their employees and others arising from
is not necessary to prosecute both. work activities.

NGIG Nov22.indb 44 14/11/2022 10:37
Employers must also make arrangements n Adapting to technical progress

to ensure the health and safety of the n Replacing the dangerous with the
workplace, including making arrangements non-dangerous or the less dangerous
for emergencies, adequate information and
n Developing a coherent overall prevention
training for employees and for health sur-
n Giving collective protective measures
veillance, where appropriate.
priority over individual protective
Employees must work safely in accordance measures
with their training and instructions given n Giving appropriate instructions to
to them. Employees must also notify the employees.
employer or the person responsible for
health and safety of any serious or imminent The Principles of Prevention are covered in
danger to health and safety or any short- more detail within element 3.4.
comings in health and safety arrangements.
These are the key sections that will give you Regulation 5 – Health and Safety
a greater understanding of the scope and Arrangements
requirements of this Regulation. Employers shall make appropriate
arrangements for the effective planning,
Regulation 3 – Risk Assessments organisation, control, monitoring and review
n Employers and self-employed persons of protective and preventive measures.
must carry out a risk assessment, cover-
ing both workers and others who may be
Regulation 7 – Competent Persons
affected by their work or business Every employer should appoint one or more
n Employers who employ 5 or more competent persons to assist in managing
employees should record the significant risk.
findings of the risk assessment n Such persons shall be regarded as
n Assessment should be “suitable and competent where they have sufficient
sufficient” training and experience or knowledge
n Action taken to manage hazards is and other qualities to properly assist the
proportionate to the risk. employer.
n The competent person may be an
Regulation 4 – Principles of employee or a person external to the
Prevention to be applied business, e.g., a consultant.
When an employer implements any preven-
tive and protective measures, he shall do so
on the basis of the principles of prevention:
Avoiding risks where possible:
n Evaluating the risks that cannot be

avoided
n Combating the risks at source
n Adapting the work to the individual
NGIG Nov22.indb 45 14/11/2022 10:37

Regulation 8 – Serious and Imminent employees are provided with adequate

Danger health and safety training:
n Employers shall establish emergency n On their being recruited into the

procedures for workers to follow for employer’s undertaking; and
events that present serious and immi- n On their being exposed to new or
nent danger, such as a fire. increased risks.
n Emergency procedures should be The training should be repeated periodi-
written down, and information about cally, where appropriate, and adapted to
them should be available see also R10. take account of any new or changed risks
n Employers must make available to to the health and safety of the employees
employees’ information on: concerned. Any training should take place
during working hours.
u Risks identified by assessment
u Precautions taken Regulation 14 – Employee Duties
u Evacuation procedures Employees shall use equipment and sub-
u Risks arising from shared premises. stances in accordance with any training and
instructions given by the employer, so as to
Regulation 13 – Capabilities and enable him/her to fulfil his legal health and
training safety duties.
Every employer shall, in entrusting tasks to Employees should notify employers or

his employees, take into account their capa- their appointed representatives of any
bilities with regards to health and safety. health and safety issues that may present a
serious and imminent danger and/or of any
Every employer shall ensure that his shortcomings in the employer’s protection
arrangements for health and safety.
USEFUL DOCUMENTS
Risk assessment: a brief guide This revised leaflet aims to help you iden-
tify, assess and control health and safety
to controlling risks in the
risks associated with workplace hazards
workplace  – the guidance replaces ‘Five steps to risk
assessment’.
https://www.hse.gov.uk/
pubns/indg163.htm

NGIG Nov22.indb 46 14/11/2022 10:37
CASE STUDY
Theme park must pay £330,00 after child thrown from

rollercoaster
Lightwater Valley Theme Park has been
prosecuted after a 7-year-old was thrown
up to 3 meters from a rollercoaster in May
2019 and sustained serious head injuries.
York Magistrates’ Court was told that the

theme park did not implement suitable
operating procedures and monitoring of
ride operators in relation to the ride
restraints.
Health and Safety Executive (HSE)

investigators found that although the
theme park’s procedures for the ride
stated that those between 1.2m and 1.5m
tall must wear seat belts, several children Lightwater Valley Attractions Ltd pleaded
under 1.5m in height were not wearing seat guilty to breaching section 3(1) of the
belts on this ride. This was seen in CCTV Health and Safety at Work Act and was
footage over several days and mentioned fined £333,344 and ordered to pay costs
in statements by members of the public. of £16,183.
(Source: IOSH Magazine December 2020)
NGIG Nov22.indb 47 14/11/2022 10:37

SCRIBBLES AND NOTES
NGIG Nov22.indb 48 14/11/2022 10:37
1.3i WHO DOES WHAT IN ORGANISATIONS

SYLLABUS CONTENT: WHO DOES WHAT IN ORGANISATIONS

n Roles of directors/managers/supervisors
n How top management can demonstrate commitment by:

u Making resources available to design, implement and maintain the
occupational health and safety management system
u Defining roles and responsibilities
u Appointing senior managers with specific responsibility for health and safety
u Appointing competent people (internal and external, including specialists) to
01
help the organisation meet its health and safety obligations
u Reviewing health and safety performance
n Responsibilities of organisation who share a workplace together on health and

safety issues (C155 Article 17, R164 Recommendation 11)
n How clients and contractors should work together:

u The duties they owe each other (‘Safety and Health in Construction’ ILO Code
of Practice – Chapter 2)
u Effective planning and co-ordination of contracted work
u Pre-selection and management of contractors.
49
NGIG Nov22.indb 49 14/11/2022 10:37

LEGISLATION
The International Labour Organization’s (ILO) Convention
C155 Article 17
Occupational safety and health convention (1981) (No. 155)
Convention C155 – Occupational Safety and Health Convention, 1981
(No. 155) (ilo.org)
The International Labour Organisation’s (ILO) Recommendation

R164 Recommendation 11
Occupational safety and health recommendation (1981) (No. 164)
https://www.ilo.org/dyn/normlex/
en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:R164
Roles of directors/managers/ and are responsible for delivering and

supervisors implementing policies and objectives.
Every organisation has to ensure that it It is good practice for one Director from
clearly defines safety roles and respon- the Board to have overall responsibility for
sibilities across the workforce. The health and safety. This requires the Director
responsibilities will need to include provi- to formally accept the role and to show the
sions for anyone affected by the activities of collective Director responsibilities as well as
the organisation; this will include directors, their own individual responsibility to provide
managers and supervisors at all levels. health and safety leadership within the
organisation.
With the implementation of an effective
organisational structure, the policy will be Directors must ensure that Board decisions
brought to life (no longer just words on reflect their health and safety intentions and
paper gathering dust on a shelf). However, recognise their role in engaging the active
this means that persons with managerial participation of workers in improving health
responsibilities must know what they are and safety standards.
responsible for in order to fulfil their duties With this responsibility comes the require-
and only then will it be possible to measure ment to ensure that they are involved and
these individuals against then. kept informed of relevant health and safety
We will now discuss in detail, what the levels issues and to carry out an annual review
of responsibilities are likely to be for some of performance. The appointed Director
of the key roles. will usually be the signatory on the Policy
Statement, so the responsibility to ensure
Directors that the policy is kept up to date and
reviewed at least annually will also form part
Health and safety management, like all
of their remit.
management functions, involves active
leadership from the top particularly at senior As a board representative, the Director
levels, they play an integral part in the responsible for health and safety will need
planning and organising of health and safety to ensure that any health and safety failures

NGIG Nov22.indb 50 14/11/2022 10:37
are clearly communicated at Board level n Participation in safety meetings

and that any investigation findings are also n Initiating and being personally involved
brought to this forum. in health and safety training.
As the decisions from auditing are made at
In organisational structures, managers
Director level, sufficient means will need
provide the link between the Board and
to be in place for the effective monitoring
the workforce for effective downward and
of management systems and reporting on
upward communication. They have a direct
the organisation’s health and safety perfor-
effect on how health and safety is perceived
mance. Any decision made at Board level
by those they manage and thereby they are
must be made in consideration of any health
vital in influencing the health and safety
and safety implications that these decisions
culture of an organisation.
may have.
Supervisor in particular play a pivotal role
Top Management can in ensuring the day-to-day supervision of
demonstrate their commitment their worker and to ensure they know how to
work safely and without risk to their health
to health and safety by:
and that all workers follow the organisation’s
n Making resources available to design, rules.
implement and maintain the occupa-
A supervisor can coach, help or guide
tional health and safety Management
workers to become and remain competent
system
in these areas as well as others.
n Defining roles and responsibilities
n Appointing senior managers with spe- Responsibilities of
cific responsibility for health and safety organisations who share a
n Appointing competent people (internal workplace to work together
and external, including specialists) to on health and safety issues
help the organisation meet its health
(C155 Article 17, R164
and safety obligations
Recommendation 11)
n Reviewing health and safety
performance. Where employers share workplaces
(whether on a temporary or permanent
Managers and supervisors basis), they need to co-operate with each
other to comply with their respective health
Managers can demonstrate commitment
and safety obligations.
to health and safety by setting the right
example, such as: Each employer needs to take all reasonable
steps to co-ordinate the measures they
n Wearing personal protective equipment
adopt to fulfil those obligations. They also
where necessary
need to tell the other employers about any
n Following pedestrian walkways risks their work activities could present to
n Participation in inspections and safety their employees, both on- and off-site.
tours
NGIG Nov22.indb 51 14/11/2022 10:37

International Labour Organisation’s The duties they owe each other

(ILO) Convention C155 – Article 17: (‘Safety and health in Construction’
“Whenever two or more undertakings
ILO Code of Practice – Chapter 2)
engage in activities simultaneously at one The client (the organisation employing the
workplace, they shall collaborate in apply- contractor has) a duty to ensure that they
ing the requirements of this Convention.” employ competent and safe contractors.
The contractor has a duty to comply with
International Labour Organisation’s health and safety arrangements and if they
(ILO) R164 Recommendation 11: decide to sub-contract any of the work,
then all parties have duties to ensure that
“Whenever two or more undertakings
competent fellow workers are provided.
engage in activities simultaneously at
The extent of each party’s responsibilities
one workplace, they should collaborate
will depend upon the specific circumstances
in applying the provisions regarding
of the works being conducted.
occupational safety and health and the
working environment, without prejudice to To assist in defining the scope of respon-
the responsibility of each undertaking for sibilities and the level of risks involved with
the health and safety of its employees. In the contracting out of works, some industry
appropriate cases, the competent authority examples have been provided.
or authorities should prescribe general
procedures for this collaboration.” Effective planning and co-ordination
of contracted work *
How clients and contractors
Pre-selection and management of
should work together contractors *
In any client/contractor relationship, BOTH
* For information on the above syllabus content
parties have duties under Health and Safety See Element 1.4 below – Managing Contractors
legislation. Duties are described in the Effectively
Safety and health in construction, ILO Code
of Practice – Chapter 2.
USEFUL DOCUMENTS
Safety and Health in Practical recommendations intended for the

use of both those in public and private
Construction – International sectors in particular governmen-
Labour Organization’s (ILO) tal or other public authorities.
Code of Practice  Safety and health in

construction (ilo.org)

NGIG Nov22.indb 52 14/11/2022 10:37
CASE STUDY
Injury from cutting machine results in $90,000 fine for

Dundas Company, Canada
A worker was injured by a cutting machine
after lifting a shield to hold material in
position. The worker should have been
protected from the hazard.
On August 3, 2018, a Coreslab worker

attempted to operate a shear machine to
cut rebar. The worker lifted a shield to hold
the rebar in position. When the worker
activated the shear machine a clamp
closed, resulting in injuries.
Section 25 of the Industrial Establishment to ensure that the measures and

Regulation (Regulation 851) requires an procedures prescribed by section 25 of the
in-running nip hazard or any part of a regulation were carried out in the
machine, device or thing, that may workplace, contrary to section 25(1)(c) of
endanger the safety of any worker shall be the Occupational Health and Safety Act.
equipped with and guarded by a guard or
Following a guilty plea in provincial
other device that prevents access to the
offences court in Hamilton, Coreslab
pinch point. As such, the defendant failed
Structures was fined $90,000.
(Source: News Ontario CA July 2021)
NGIG Nov22.indb 53 14/11/2022 10:37

SCRIBBLES AND NOTES
NGIG Nov22.indb 54 14/11/2022 10:37
1.4 MANAGING CONTRACTORS EFFECTIVELY

SYLLABUS CONTENT: MANAGING CONTRACTORS

EFFECTIVELY
n Planning and co-ordination of contracted work
n Pre-selection and ongoing management of contractors
n Roles and duties under the Construction (Design and Management) Regulations
2015 of the client, principal designer, principal contractor, contractors, workers
and domestic clients:
u HSE notification, pre-construction information, construction phase plan, health
01
and safety file.
55
NGIG Nov22.indb 55 14/11/2022 10:37


SYLLABUS CONTENT: CONTINUATION OF ELEMENT 1.3i: WHO

DOES WHAT IN AN ORGANISATION
n Effective planning and co-ordination of contracted work
n Pre-selection and management of contractors.

LEGISLATION
The construction (design and management) regulations (2015)
Aims to improve health and safety in construction by ensuring work is
planned sensibly, cooperation and coordination with others, having the
right information about risks and consultation with workers.
The Construction (Design and Management) Regulations 2015
(legislation.gov.uk)

NGIG Nov22.indb 56 14/11/2022 10:37
A contractor is anyone who an organisation

employs to do work who is not an employee
and are used when specialised knowledge,
skills or methods are required, which is not
available within the organisation.
The typical types of contractor often

employed by organisations include:
n Construction/maintenance/repairs
n Decorating
n Electricians/gas/water n On projects involving more than one
contractor, each contractor must plan their
n Fire extinguishers/alarms/emergency
own work so that it is consistent with the
lighting
project-wide arrangements. Contractors
n IT should expect help from other duty
n Catering holders.
n Cleaning, etc. n A contractor who employs workers or
manages workers under their control must
Planning and co-ordination of ensure that appropriate supervision is pro-
contracted work vided. The level of supervision provided
will depend on the risks to health and
In any client/contractor relationship, BOTH safety involved, and the skills, knowledge,
parties have duties under Health and Safety training and experience of the workers
legislation, all relevant National legislation concerned.
should be adopted. The client (the organisa-
tion employing the contractor has) a duty to To assist an organisation to manage contrac-
ensure that they employ competent and safe tors there are 5 management steps that can
contractors. The contractor has a duty to be applied:
comply with health and safety arrangements
n Step 1: Planning
and if they decide to sub-contract any of the
work, then all parties have duties to ensure n Step 2: Choose a contractor
that competent fellow workers are provided. n Step 3: Contractors on site
The extent of each party’s responsibilities will
n Step 4: Keep check
depend upon the specific circumstances of
the works being conducted. n Step 5: Review of work
n In planning the work, the contractor must Step 1: Planning

take into account the risks to those who
Planning involves defining the job to be
may be affected, e.g., members of the
carried out, identifying the hazards involved
public and those carrying out the con-
in the job and assessing the risks from the
struction work. Planning should cover the
hazards.
same the risks and ensuring the measures
needed to protect those affected are in All contracted work requires a thorough
place. approach to planning and co-ordination
between all project parties, in order that they
NGIG Nov22.indb 57 14/11/2022 10:37

are completed on time, within budget and to Dependant on the complexity of the work you
the quality specified. may want to interview different contractors
to ascertain their competence and relevant fit
Not only do we consider the designer, con-
for your organisation and the work activity to
tractor, and worker interaction, but we should
be undertaken. If you need to, ask questions,
also consider users of the space, and anyone
and get advice from relevant consultancy
effected in the surrounding area. As an
professionals about the best way to select
example, if conducting work in a school, other
and manage contractors.
employees, contractors, students, visitors and
where appropriate the nearby community, Issues to explore
would need to be informed of the construction
There are several issues you may want to
activities.
explore when selecting and determining your
choice of contractor including:
Pre-selection and ongoing
management of contractors n Experience in this kind of job
n Reputation, including references
When pre-selecting (or sometimes known as
n Health and Safety policy
“pre-qualification”) a contractor, it is impor-
tant in your pre-selection that you consider n Risk assessments and method statements
the following with regards to ensuring n Health and Safety performance
competence. n Accident performance
n Enforcement action
Step 2: Choosing a contractor
n Membership of trade/professional bodies
Spell out conditions the contractor(s) must n Procedures for subcontractor selection
meet. Deciding factors may include availabil-
n Training/competence of staff
ity, cost, technical competence, and reliability.
“Pre-Qualification” can save time and effort in n Access to competent health and safety
the future. advice
n Arrangements for supervision and
consultation
n Accident/incident reporting
n Insurance – Employers and Public Liability.
Third Party Auditing Schemes
Designers or contractors can use the services

of an independent (third party) assessor
to assess their organisational capability. If
they do so, there are companies that provide
How to decide on a contractor? pre-qualification assessment services includ-
ing those who are members of the Safety
It is important to build relationships to set up
Schemes in Procurement membership bodies
preferred contractors, use your contacts in
(SSIP).
the business and formal/informal networks to
create a list of contractors you want to work Some schemes have been established to
with. pre-qualify contractors. The intention is that

NGIG Nov22.indb 58 14/11/2022 10:37
this saves clients time and money in selecting instruction and supervision. The contractor
contractors. Example is the CHAS (Contractor was found guilty and fined £3,000 plus costs
health and safety assessment scheme). for failing to implement straightforward
controls and safeguards.
Duty holders can assess potential appointees
against the core criteria or use independent Example Two
(third party) accreditation schemes as stated
Contractors installed overhead projectors
above. The agreed criteria will help prevent
into asbestos ceilings at a local school in
a diverse range of demands from clients and
Caerphilly. No information regarding the pres-
others and reduce the amount of paperwork
ence of asbestos was known by the school
and bureaucracy.
and therefore the presence of asbestos or any
Individual competency should also be relevant information could not be given to the
assessed by a two-stage process: contractors.
n Stage 1: Assessment of knowledge, train-

ing records and qualifications, including
basic understanding of site risk
n Stage 2: Experience in the type of work
you are asking them to do.
Those new to construction work need close

supervision by a competent person until they
can themselves demonstrate competence.
The construction industry has a high rate of As a result of this failing, the contractors
fatalities, serious accidents, and ill health. unknowingly exposed themselves to asbestos
Such impact is often attributed to the poor while completing their set tasks. Caerphilly
planning, co-ordination, and management of County Council was fined £8,000 plus costs.
construction projects. Other risks increase
Example Three
because the designer has not effectively con-
sidered health and safety aspects during the Contractors were appointed to conduct roof
design and planning stages. These examples works at a B&Q store. One of the contractor’s
illustrate the need for contractor activities workers was seen working on the roof with no
to be monitored and for the organisation to protection from fall risks.
assess the tasks required and ensure that
B&Q had previously been made aware of the
suitable information is given to the contrac-
requirements to control contractors and had
tors prior to works starting.
been given extensive advice regarding roof
Example One work, due to two accidents in the past. B&Q
was fined £4,500 plus £25,000 costs.
Contractors provided a scaffold for access
onto a fragile roof, which was 10m off the Example Four
ground. An operator walked onto the roof and
An accountancy firm had previously been
fell to his death through a fragile vent.
given advice about unsafe working at
The client was found guilty and fined £27,000 height arrangements but failed to make
plus costs for failing to provide adequate improvements.
NGIG Nov22.indb 59 14/11/2022 10:37

Unsafe work was being carried out on a tower n Learn about the job and the contractor
scaffold by contractors, which led to the indi- when the work is done
vidual partners of the firm being fined £1,250 n What needs to be done differently next
plus £2,000 costs each. time?
n Any surprises or lessons learned should
Step 3: Contractors working on site be recorded and used for next time
n Contact person should be appointed for n The record can be used when reviewing
communication the list of preferred contractors.
n Contractors should sign in and out for a
record of who is on site
n Contractors should be told about health
and safety rules – smoking, first aid, emer-
gency procedures, restricted areas, waste
disposal, PPE, etc. (visitors/contractors’
cards/leaflets may be useful)
n Regular consultation/communication with
contractors
n Employees might need information on job,
duration, hazards, etc.
It is important to note that when a contractor
Step 4: Keeping check is on your premises or site that you have a
responsibility to them to ensure they are kept
n Checks should be carried out to ensure safe from any of the site activities which may
that contractors are doing the work in the cause them harm. You need to consider how
way that was agreed you are going to ensure the ongoing manage-
n Contractors are responsible for supervis- ment of these contractors whilst on site and
ing their own work and for ensuring that that they are working to their own risk assess-
they work safely, however, they cannot be ments and procedures submitted. Questions
left to their own devices to be considered will be:
n They do not need to be watched all the n How do you plan to supervise this job?
time
n Who will be responsible for supervision on
n The amount of checking should be based site?
on the level of risk involved
n How are changes which arise during a job
n It should be decided and agreed at the dealt with?
beginning of the job
n How will you liaise with them?
n Contractors should be encouraged to
n If you identify a problem, what action
report accidents and incidents.
do you take concerning your staff or
Step 5: Review work subcontractors?
n Will you report incidents/accidents to us?
As with all work, the work undertaken by a
contractor should be reviewed at appropriate n Are you prepared to abide by our rules?
intervals and upon completion.

NGIG Nov22.indb 60 14/11/2022 10:37

Roles and duties under the Construction (Design and

Management) Regulations 2015 of the client, principal designer,
principal contractor, contractors, workers and domestic clients
The Construction (Design and Management) going to look at the roles, competencies,
Regulations 2015 (CDM 15) place specific and duties of the:
duties on those with involvement in con-
n Client
struction activities. All construction work
must be undertaken in accordance with n Principal designer (PD)
these Regulations, although when a project n Principal contractor (PC)
falls within the category of “notifiable” there
n Contractors
are extended duties that apply.
n Workers
You should become familiar with the struc-
n Domestic clients
ture of the Regulations, which are written in
a number of parts: There are different roles, competencies, and
duties for each of the above duty holders,
n Part 1: Introduction
relating to, HSE notification, pre-construc-
n Part 2: Clients Duties tion information, construction phase plan
n Part 3: General Duties and the health and safety file.
n Part 4: Worksite health and safety
requirements Client
n Part 5: Enforcement Regulations 4 and 5 of CDM 2015 set out the
client’s duty to make suitable arrangements
The aims of the regulations are to have the
for managing a project and maintaining and
right people for the right job at the right
reviewing them for its duration so that it is
time, to manage risks on site, reduce paper-
carried out in a way that manages the health
work and to encourage teamwork. The focus
and safety risks involved.
is on effective planning and management of
risks. A commercial client is an organisation or
individual for whom a construction project
Roles, competence, and duties
is carried out that is done as part of a
There are specific duty holders identified business.
within the CDM Regulations and we are
NGIG Nov22.indb 61 14/11/2022 10:37

n Ensure PD & PC carry out their duties

n Ensure suitable welfare facilities are
provided
n Review management arrangements
n Provide pre-construction information to
all designers and contractors
n Notify HSE, if applicable using the F10
form.
Designers
For projects involving more than one con-
Regulations 9, 10 and 11 set out the duties
tractor, these regulations require the client
placed on designers. These include the duty
to appoint a principal designer and principal
to eliminate, reduce or control foreseeable
contractor and to make sure that they carry
health and safety risks through the design
out their duties.
process such as those that may arise during
A client must make suitable arrangements construction work or in maintaining and
for managing a project, including the alloca- using the building once it is built.
tion of sufficient time and other resources. A
A designer is an organisation or individual,
client must provide pre-construction infor-
who prepares or modifies a design for a
mation as soon as is practicable to every
construction project (including the design
designer and contractor appointed, or being
of temporary works); or arranges for or
considered for appointment, to the project.
instructs someone else to do so.
The appointments must be made as soon as
The term ‘design’ includes drawings, design
is practicable, and in any event, before the
details, specifications, bills of quantity and
construction phase begins. If the client fails
calculations prepared for the purpose of a
to appoint a principal designer, or principal
design.
contractor the client must fulfil the duties of
both.
The client must ensure that the principal

designer prepares a health and safety file
for their project (see below). Its purpose
is to ensure that, at the end of the project,
the client has information about health and
safety risks that anyone carrying out subse-
quent construction work on the building will
need to know about.
Summary of client duties: The designer’s duties apply as soon as

designs are prepared which may be used
n Appoint contractors and designers
in construction work in Great Britain. This
n Provide sufficient time and resources for includes concept design, competitions, bids
project for grants, modification of existing designs

NGIG Nov22.indb 62 14/11/2022 10:37
and relevant work carried out as part of n Plan, manage and co-ordinate H&S in
feasibility studies. pre-construction phase
A designer must not start any design work n Help and advise client with pre-con-
unless they are satisfied that the client is struction information
aware of the duties that client has under n Eliminate/control foreseeable risks
CDM 2015. through design
On projects involving more than one con- n Ensure all involved in pre-construction
tractor, the task of informing the client phase communicate and co-operate
of their duties should normally fall to the n Liaise with the PC, informing them of
principal designer. Any other designers risks which require control
appointed can seek confirmation from the
n Compile the H&S file for the project
principal designer that the client has been
made aware of their duties. Principal contractor
When preparing or modifying designs, a Regulation 13 sets out the duties the princi-
designer must take account of the general pal contractor has during the construction
principles of prevention, and the pre-con- phase.
struction information provided to them, with
the aim, as far as reasonably practicable, of A principal contractor is the organisation or
eliminating foreseeable risks. person that co-ordinates the work of the
construction phase of a project, involving
Where this is not possible, they must take more than one contractor, so that it is
reasonably practicable steps to reduce the carried out in a way that secures health and
risks or control them through the design safety.
process and provide information about the
remaining risks to other duty holders. They are appointed by the client and
must possess the skills, knowledge, and
Designs prepared for places of work also experience, and (if an organisation) the
need to comply with the Workplace (Health, organisational capability necessary to carry
Safety and Welfare) Regulations 1992 (the out their role effectively given the scale and
Workplace Regulations), so designs need to complexity of the project and the nature of
take account of factors such as lighting and the health and safety risks involved.
the layout of traffic routes.
In planning, managing, monitoring and
A designer must provide information to co-ordinating the construction phase, a
other duty holders using or implementing principal contractor must take account of
the design. the general principles of prevention.
Designers must also co-operate with con- The principal contractor must also ensure
tractors and principal contractors so that anyone they appoint has the necessary
their knowledge and experience in matters skills, knowledge, and experience, and (if an
such as the practicalities of building the organisation), the organisational capability
design is considered. to carry out their role effectively given the
Summary of the designer’s duties: scale and complexity of the project and
NGIG Nov22.indb 63 14/11/2022 10:37

the nature of the health and safety risks activities on each site combine to create
involved. hazards outside the sites that need to be
addressed jointly.
This work must include liaising with the prin-
cipal designer for the purposes of planning, Regulation 14 places duties on the principal
managing, monitoring and co-ordination of contractor to consult and engage with
the pre-construction phase. workers or their representatives. These
duties are in addition to those in separate
As the project moves into the construction
legislation which requires employers to
phase, the principal contractor should take
consult with their employees on health and
the lead in planning, managing, monitoring
safety matters. Consultation must be carried
and co-ordinating the project while contin-
out in a timely manner.
uing to liaise with the client and principal
designer. Summary of principal contractor duties:
A principal contractor has a specific duty n Plan, manage and co-ordinate construc-
to ensure that the contractors under their tion phase
control co-operate with each other so n Take account of H&S risks to everyone
that the risks to themselves and to others affected
affected by the work are managed effec-
n Liaise with client and PD
tively. This includes ensuring contractors
who start work at different stages of the n Prepare written construction phase plan
construction phase co-operate with each and revise/review
other so that any information and instruction n Arrange and manage H&S throughout
that is relevant for a new contractor to carry construction
out their work safely is provided to them.
n Consult and engage with workers on
The principal contractor should also work H&S
with the client to ensure there is co-oper- n Ensure suitable welfare facilities are
ation with others outside the construction provided
site who may be affected by the activities
n Ensure competence of anyone appointed
on-site. This includes co-ordinating the
to project
activities of contractors on the principal
contractor’s site with contractors on any n Provide appropriate inductions and
neighbouring sites, particularly where the training
n Update the H&S file.
Contractors
Regulation 15 places duties on contractors.
The main duty is to plan, manage and
monitor the work under their control.
Other duties include complying with direc-

tions given to them by either the principal
designer or principal contractor on sites
where there is more than one contractor

NGIG Nov22.indb 64 14/11/2022 10:37
and preparing a construction phase plan on out their work without risk to health and
sites where they are the only contractor. safety.
Who is a contractor? A contractor must not begin work on a con-

struction site unless reasonable steps have
Anyone who directly employs or engages
been taken to prevent unauthorised access
construction workers or manages con-
to the site. On projects involving more than
struction is a contractor. An individual, sole
one contractor, carrying out this duty, they
trader, self-employed worker, or a business
must involve the contractors liaising with
that carries out, manages or controls con-
the principal contractor who is required to
struction work as part of their business
ensure reasonable steps are taken in this
can be a contractor. This also includes
respect.
companies that use their own workforce to
do construction work on their own premises.
The duties on contractors apply whether the
workers under their control are employees,
self-employed or agency workers.
On projects involving more than one con-

tractor, as part of the duty to co-operate
with other duty holders, the contractor
should provide the principal contractor with
any relevant information that stems from
Contractors are required to provide welfare
their own monitoring so that the principal
facilities which meet the minimum require-
contractor can monitor the management of
ments set out in Schedule 2. This duty only
health and safety at a project-wide level.
extends to the provision of welfare facilities
When a contractor employs or appoints an for the contractor’s own employees who are
individual to work on a construction site, working on a construction site or anyone
they should make enquiries that the indi- else working under their control.
vidual has the necessary skills, knowledge,
training and experience to carry out the Workers
work they will be employed to do in a way
Workers are the people who work for or
that secures health and safety for anyone
under the control of contractors on a con-
working on the site.
struction site.
A contractor who employs workers or
They must:
manages workers under their control must
ensure that appropriate supervision is n Be consulted about matters which affect
provided. The level of supervision provided their health, safety and welfare
will depend on the risks to health and safety n Take care of their own health and safety,
involved, and the skills, knowledge, training and of others who might be affected by
and experience of the workers concerned. their actions
Contractors should provide their employees n Report anything that they see which is
and workers under their control, the infor- likely to endanger either their own or
mation and instructions they need to carry others’ health and safety
NGIG Nov22.indb 65 14/11/2022 10:37

n Co-operate with their employer, fellow construction projects as soon as is practica-

workers, contractors and other duty ble before the construction phase begins.
holders.
If a construction project is not notifiable
at first, but there are subsequent changes
Domestic clients
to its scope so that it fits the criteria for
A domestic client is someone who has con- notification, the client must notify the work
struction work completed on their own home, to the relevant enforcing authority as soon
or the home of a family member, which is not as possible.
completed in connection with a business.
A project is notifiable if the construction
Local authorities, housing associations, work on a construction site is scheduled to
charities, landlords and other businesses last longer than 30 working days and have
may own domestic properties, but they are more than 20 workers working simultane-
not a domestic client for the purposes of ously at any point in the project; or exceeds
CDM 2015. 500 person days.
If the work is in connection with a business To notify a project, the F10 online form
attached to domestic premises, such as a should be used, which is available on the
shop, the client is not a domestic client. HSE internet site. The particulars that need
to be notified include:
The role of designers, principal designers,
principal contractors, and contractors when n Date of forwarding
working on a project for a domestic client, n Address of construction site
is normally no different to their role when n Name of local authority where site is
working for a commercial client. They have located
the same duties and should carry them
n Brief description of project
out in the same way as they would for a
n Contact details of client, Principal
commercial client. However, the effect of
Designer and Principal Contractor
regulation 7 of CDM 2015 is to transfer the
client duties to other duty holders when n Date planned for start of construction
working for domestic clients. phase
n Time allowed by client to PC for planning
A domestic client is not required to carry
and preparation of construction work.
out the duties placed on commercial clients
in regulations 4 of CDM (Client duties for n Planned duration of construction phase
managing projects), 6 (Notification) and 8 n Estimated maximum number of people at
(General duties). work on construction site
n Planned no. of contractors on construc-
HSE notification tion site
n Name and address of any contractor
The CDM Regulations require that some
already appointed
construction projects must be notified to
the authorities. Regulation 6 sets out the n Name and address of any designer
duty that a client must notify in writing to already engaged
the relevant enforcing authority of certain n Declaration signed by client that he is
aware of his duties under CDM.

NGIG Nov22.indb 66 14/11/2022 10:37
Pre-construction information construction phase plan by providing to

the principal contractor all information the
Regulation 12 sets out a number of duties principal designer holds that is relevant
on either the principal designer or principal to the construction phase plan including
contractor for the preparation, review, pre-construction information obtained from
revision and updating of construction phase the client.
plans and health and safety files.
On projects involving more than one
In the duties of all parties involved we contractor, this will involve the contractor
have made reference to pre-construction co-ordinating the planning, management
information and a construction phase plan and monitoring of their own work with
and health and safety file. It is important that of the principal contractor and other
to understand the requirements of each of contractors, and where appropriate the
these. principal designer.
The pre-construction information required The plan should include details on:
should consider the following topics:
n Site security
n Description of the project
n Site induction, site rules and on-site
n Client’s considerations and management training
requirements
n Welfare facilities and first aid
n Environmental restrictions and existing
n Accident and incident reporting and
on-site risks
investigation
n Significant design and construction
n Production and approval of risk assess-
hazards
ments and safe systems of work
n The health and safety file – description
n Fire and emergency procedures.
of format and conditions relating to the
content. The plan should also define arrangements
for controlling significant site risks that will
Construction phase plans include:
During the pre-construction phase, and n Access/egress

before setting up a construction site,
n Adjacent land use
the principal contractor must draw up a
construction phase plan or make arrange- n Control of lifting operations
ments for a construction phase plan to be n Delivery and removal of materials
drawn up. n Preventing falls
The construction phase plan must set out n Maintenance of plant and equipment
the health and safety arrangements and site n Services
rules taking account, where necessary, of
n Work in excavations
the industrial activities taking place on the
construction site. n Work with fragile materials
The principal designer must assist the n Work in a caisson.

principal contractor in preparing the
NGIG Nov22.indb 67 14/11/2022 10:37

Health and safety file n Residual hazards and how they have
been dealt with
A health and safety file is required for
projects requiring more than one contrac- n Key structural principles and safe
tor and should contain all the information working loads for floors and roofs
required for the building’s life to enable any n Hazardous materials used
additional works to be carried out safely,
n Information regarding removal or
such as construction, cleaning, mainte-
dismantling of plant/equipment
nance, alterations, repairs, refurbishment
and demolition. n Health and safety information about
equipment provided for cleaning and
The Principal Designer is responsible for
maintaining the structure
compiling the file and the Client must retain
it for future use and reference. n Nature, location and marking of
services, utilities and fire-fighting
The file should include: systems
n Description of the work, including “as n Information and drawings of the
built” drawings and plans structure and plant/equipment.
USEFUL DOCUMENTS
Construction (design and This publication provides guidance on the
legal requirements for CDM 2015 and is
management) regulations 2015: available to help anyone with duties under the
guidance on regulations  Regulations.
Managing health and safety

in construction. Construction
(Design and Management)
Regulations 2015. Guidance on
regulations L153 (hse.gov.uk)
A short guide for clients on the This leaflet is aimed at anyone having main-
tenance, small-scale building work or other
Construction (design and man work carried out.
agement) regulations 2015  Need building work done?
A short guide for clients on
the Construction (Design and
Management) Regulations 2015
(hse.gov.uk)

NGIG Nov22.indb 68 14/11/2022 10:37
CASE STUDY
Conviction over scaffold collapse

A scaffolding firm has been fined after a
four-metre-high structure, erected to protect
the public, collapsed during a storm.
Birmingham-based Climar Scaffolding

appeared at Coventry Magistrates’ Court
charged with breaching regulation 19(2) of
the Construction (Design and Management)
Regulations following the incident on 3
March 2019.
The scaffolding, which was about 13 metres

long and intended to prevent falling debris
from hitting passers-by, blew down in high
winds across the entrance to the car park of
Coventry Skydome during storm Freya. The
scaffolding was not adequately fixed into the
structure and was not designed and installed
to withstand foreseeable wind loads, an
investigation by the Health and Safety
Executive (HSE) found.
Last week, Climar Scaffolding – a micro-

entity employing just two people – was fined
£15,000 and ordered to pay prosecution
costs of £2,532.
(Source: IOSH Magazine January 2021)
NGIG Nov22.indb 69 14/11/2022 10:37

SCRIBBLES AND NOTES
NGIG Nov22.indb 70 14/11/2022 10:37

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01

1.2n THE FORCE OF LAW

NGIG Nov22.indb 1 14/11/2022 10:37

SYLLABUS CONTENT: MORALS AND MONEY

n Moral expectations of good standards of health and safety

n The financial cost of incidents (insured and uninsured costs).

SYLLABUS LEARNING OUTCOME

NGIG Nov22.indb 3 14/11/2022 10:37

Justify health and safety

For an organisation to be successful, it must

Our moral obligations consider beyond just

4 SCRIBBLES AND NOTES

The following figures are

SCRIBBLES AND NOTES 5

NGIG Nov22.indb 5 14/11/2022 10:37

INFORMATION FOR INTERNATIONAL STUDENTS

6 SCRIBBLES AND NOTES

Financial costs of incidents (insured and uninsured)

INFORMATION FOR NATIONAL STUDENTS

Employers’ Liability Insurance

INFORMATION FOR INTERNATIONAL STUDENTS

For information on employee insurance https://www.ilo.org/dyn/

SCRIBBLES AND NOTES 7

NGIG Nov22.indb 7 14/11/2022 10:37

A motivated workforce and improved pro-

Ineffective health and safety conversely, is

Through the reduction of accidents and

8 SCRIBBLES AND NOTES

In addition, internal resources are not drained n Loss of expertise/experience

SCRIBBLES AND NOTES 9

NGIG Nov22.indb 9 14/11/2022 10:37

INCIDENT POTENTIAL COST

Lost production/remedial work required £7,000

Wages for replacement worker £6,000

Increase in Insurance Premiums £4,000

Loss of time of manager/MD £4,000

Fines and court costs £3,000

Overtime wages to cover lost production £3,000

Legal expenses £45,000

Total cost to business £80,000

10 SCRIBBLES AND NOTES

National grid fined £4m for handing over incomplete gas

Investigators found that National Grid Gas

The HSE launched a criminal investigation

(Source: IOSH Magazine February 2021)

SCRIBBLES AND NOTES 11

NGIG Nov22.indb 11 14/11/2022 10:37

INFORMATION FOR NATIONAL STUDENTS

SYLLABUS CONTENT: THE FORCE OF LAW – PUNISHMENT

n Criminal law liabilities

NGIG Nov22.indb 13 14/11/2022 10:37

n Civil law liabilities

14 SCRIBBLES AND NOTES

In addition to moral and financial reasons for Statute law

Below is an example of the application of

SCRIBBLES AND NOTES 15

NGIG Nov22.indb 15 14/11/2022 10:37

Acts HASAW Act 1974 – Section 2.2(e)

Statute The provision and maintenance of a working

Regulations The Workplace (Health, Safety and Welfare)

Statutory instruments During working hours, the temperature in all work-

Approved Codes of Practice The temperature in a workplace should normally

Guidance Thermal comfort

Regulations n Health and Safety (Display Screen