Element 1: Foundations in health & safety
Key Learning Points:
The learning outcomes of this Element are that candidates should be able to:
1. Outline the scope and nature of occupational health & safety
2. Explain the moral, social & economic reasons for maintaining & promoting good standards of health & safety in the workplace
3. Explain the role of national governments & international bodies in formulating a framework for the regulation of health & safety
1.1 The scope and nature of occupational health and safety
The multi-disciplinary nature of health and safety
Occupational health and safety is a broad subject that brings together knowledge from many disciplines of learning e.g.:
• Natural sciences e.g. Life sciences, Chemistry, Physics
• Social sciences e.g. Culture and ethics studies, Economics, Psychology, Sociology
• Formal sciences e.g. Computer sciences, Mathematics and statistics
• Applied sciences e.g. Architecture and design, Business, Education, Engineering, Health care, Communication and Law
Barriers to Good Standards of health and safety
Health and safety is a fundamental part of managing an organisation. But there are barriers to achieving good standards of health and safety in the workplace. These are:
1. Complexity
2. Competing and conflicting demands
3. Behavioural issues
Complexity of the organization.
• Leads to risks not being identified
• The Organisation may not provide good solutions to risks
• Good solutions may not be effectively implemented
• Cooperation is needed across all organisational levels
Competing and conflicting demands
• Competing demands for finite resources e.g. time, expertise, money.
• Focus may be placed on immediate costs rather than longer term health and safety programmes
• Conflicting demands placed on managers, supervisors and workers
• Potential conflict on resources between productivity and health and safety to detriment of health and safety
Organizational Culture & behavioral issues
Even when an organisation has identified solutions, the behaviour of managers, supervisors and workers can prevent good health and safety standards by:
• Managers, supervisors and workers not being motivated
• Managers not encouraging good practice
• Workers not following procedures
Basic definitions
Health: A state of both physiological and psychological well-being. In occupational terms, it would include not suffering (e.g.) from fatigue, stress or noise induced deafness
Safety: The absence of danger or physical harm to persons, extending in the workplace to things such as equipment, materials and structures
Welfare: Relates to the provision of workplace facilities that maintain the basic wellbeing and comfort of the worker such as eating, washing and toilet facilities which enable them to fulfill their bodily functions.
Hazard: Anything with a potential to cause harm
Risk: The chance that a hazard will cause harm and its possible consequence in terms of injury, damage.
Accident: An unplanned, unwanted event which leads to injury, damage or loss. There are two types
a) Injury accident – where the unplanned, unwanted event leads to some sort of personal injury, e.g. a cut hand.
b) Damage only accident – where the unplanned, unwanted event leads to equipment or property damage but not personal injury, e.g. a wall is demolished.
Near Miss: An unplanned, unwanted event that had the potential to lead to injury, damage or loss but did not.
Ill health: A disease or medical condition that is directly attributable to work, e.g. dermatitis because of exposure to skin irritants.
Dangerous occurrence:
A specified event that must be reported to the relevant authority by statute law OR a readily identifiable event, as defined under national laws and regulations, with potential to cause injury or disease to people at work or the public. E.g. a major gas leak.
1.2 The moral, social and economic reasons for maintaining and promoting good standards of health and safety in the workplace
Three main reasons for maintaining good standards of health and safety
1. MORAL (protect people from injury & ill health)
2. ECONOMIC (cost effective objectives' achievement)
3. SOCIAL (societal expectations of good HS standards)
1. Moral:
The moral arguments are best reflected by the occupational disease and accident rate.
Healthy organizations hold their employees to be the most valued asset and take every precaution known on how, to protect employees' health and safety. Occupational accidents and diseases have a big negative feedback on reputation, productivity and morale.
2. Economic / Financial:
Any accident or ill-health will cost both direct and indirect or insured/uninsured costs.
It is crucial that all costs (direct / indirect) are considered when the full cost of an accident is calculated.
Note: Employer’s Liability Insurance:
• Is a legal requirement in many countries?
• Covers the employer’s liability in case of accidents and occupational diseases to employees or others who may be affected by their activities.
• Covers compensations in case an employee sues his/her employer following an accident regardless the financial status of the company.
Costs of accidents to an organisation Direct costs include: Indirect costs include:
• First-aid treatment,
• sick pay,
• lost production time.
• Fines and compensation.
• Lost time for investigation.
• Lost morale and damaged worker relationships.
• Cost of recruitment of replacement staff.
• Lost reputation.
Insured costs Uninsured costs
• Fire.
• Worker injury/death.
• Medical costs.
• Damage to Plant, Buildings and Equipment
• Civil claims in form of compensations.
• Production delays
• Loss of Raw Materials
• Investigation Time
• Criminal fines and Legal costs
• Sick Pay
• Overtime Pay
• Hiring and Training New Employee
• Loss of Business Reputation
3. Legal:
What employers must provide (employer’s duty of care ILO C155 Article 16)?
• Safe place of work – and safe access and egress.
• Safe plant and equipment – the need to inspect, service and replace machinery will depend on the level of risk.
• Safe system of work – should be safe in all circumstances – appropriate review, planning and control ensure continued safety of methods.
• Information, Instructions, Training and Supervision (IITS)
• Competent staff
Discuss the societal expectations of good standards of Health & safety.
Note:
Worldwide, there are variations in the level of implementation and enforcement of legislation depending on:
• Different standards & regulations in different countries
• Different penalties in different regions
• Cultural differences and the degree of reporting
• Economic and Political status
• Different laws and legislations
1.3 The role of national governments and international bodies in formulating a framework for the regulation of health and safety
Employers’ responsibilities
Article 16 of C155 identifies obligations placed on employers to:
• Ensure that workplaces, machinery, equipment and work processes are safe and without risks to health.
• Ensure that chemical, physical and biological substances and agents are without risk to health when protective measures have been taken.
• Provide adequate protective clothing and equipment to prevent risks of accidents or adverse health effects.
Article 10 of R164:
• Provide and maintain workplaces, machinery and equipment and use working methods that are safe.
• Give necessary instruction, training and supervision in application and use of health and safety measures.
• Introduce organisational arrangements relevant to activities and size of undertaking.
• Provide PPE and clothing without charge to workers.
• Ensure that work organisation, particularly working hours and rest breaks, does not adversely affect occupational safety and health.
• Take reasonably practical measures with a view to eliminating excessive physical and mental fatigue.
• Keep up to date with scientific and technical knowledge to comply with the above. Workers’ responsibilities Workers’ rights
Article 19 of C155 also places obligations on workers, expanded in R164 as follows:
• Take reasonable care of their own safety and that of other people.
• Comply with safety instructions and procedures.
• Use all safety equipment properly.
• Report any situation that they believe could be a hazard and which they cannot themselves correct.
• Report any work-related accident/ill health.
Article 19 of C155 states that every worker must be:
• Given adequate information on actions the employer has taken to ensure safety and health.
• Given the right to the necessary training in safety and health.
• Consulted by the employer on all matters of safety and health relating to their work.
• Given the right to leave a workplace that he has reason to think presents an imminent and serious danger to his life or health, and not be compelled to return until it is safe.
The role of enforcement agencies and consequences of non-compliance:
Enforcement in any government: The local authorities may send an inspector, under the Health & Safety laws to shops, hotels, restaurants, garages, offices and residential homes.
The inspector has the right to:
• Enter premises at any reasonable time, accompanied by a police officer, if necessary.
• Examine, investigate and take samples and photographs.
• Seize, destroy or render harmless any substance or article.
• Issue enforcement notices and initiate prosecution
Breach of H&S legislation is usually a criminal offence, leading to:
Formal enforcement action:
• Improvement notice – It’s like a warning notice
• Prohibition notice – it’s a notice for stopping work or closure of a company
Prosecution:
• Organisation may be fined.
• Individuals may be fined or imprisoned.
Compensation through the civil courts
International standards and conventions (e.g. International Standards Organisation (ISO) and the International Labour Organisation - ILO)
The International Organisation for Standardisation (ISO)
• An international standard-setting body
• Composed of representatives from various national standards bodies
• Founded in 1947
• Produces world-wide industrial and commercial standards
standards
The International Labour Organisation (ILO)
• Founded in 1919
• It is the only 'tripartite' United Nations agency
• Brings together representatives of governments, employers and workers to jointly shape policies and programmes
• Derives Conventions that members ratify, and when ratified member countries are expected to meet the requirements of the Convention
• Also, produces recommendations, guidelines, codes of practice and reports on issues that affect health and safety
• Also, produces many informative books, including the very useful health and safety encyclopaedia
BS OHSAS 18001: 2007 "Occupational Health & Safety Assessment Series"
BSI adopted OHSAS 18001 as a British standard in 2007.
Occupational health and safety management system (OHSMS) promotes a safe and healthy working environment by providing a framework that helps organizations to:
• Identify and control health and safety risks
• Reduce the potential for accidents
• Aid legal compliance
• Improve overall performance
BS OHSAS: 2007 is made up of the following
1. Occupational Health & Safety Policy
2. Planning
3. Implementation and operation
4. Checking and corrective action
5. Management Review
Proposed External Sources of information on Health and Safety:
• National Safety Organizations e.g. IOSH Institution of Occupational Safety & Health
• Professional Consultants and Consultancy bodies
• Workers Unions & Governmental sources of laws & Regulations.
• Suppliers and Manufacturers.
• Internet:
a. The OSHA website: www.osha.gov
b. National Institute of Occupational Safety & Health USA: www.cdc.gov/niosh
c. The IOSH website: www.iosh.co.uk
d. The British Safety Council website: www.bscawards.org
e. The ILO website: www.ilo.org
f. The Health & Safety Executive UK website: www.hse.gov.uk
g. The European Agency for Safety & Health at Work: http://hwi.osha.europa.eu
Proposed Internal Sources of Information on Health and Safety:
• Policies & Internal Standards
• Health and Safety meeting minutes & recommendations
• Audits/inspections' reports
• Risk Registers & Risk Assessments
• Incidents' records & accidents investigation reports
REVISION QUESTIONS
Outline the difference between criminal and civil law
Qn. Outline why the management of an organisation might not consider health and safety to be a priority.
• Competes with other business priorities such as production, which are the main aims of the organisation
• May be an unproductive cost to the business
• Ignorance of legal duties
• Lack of care for staff welfare
• Focus on output and profitability at expense of worker well-being
• Cost to the business – taking a short-term view
• Ignorance of true cost to the business of worker ill health
• Competition within the business for access to limited funds
• Unwillingness or lack of resources to devote time to H&S management
• Failure to perceive hazards in their operations
• Cavalier attitude to the management of risks
Outline the term ‘health’, ‘safety’ and ‘welfare’ with relevant examples in relation to workers at work.
Outline what is meant by the direct cost of a health and safety incident, with an example for each.
Explain the social reasons for preventing accidents/incidents and ill-health in the workplace.
Outline the worker’s responsibilities and rights in the Occupational Safety and Health Convention C155.
Explain what is meant by practicable duties placed on employers.
Outline why ISO international standards are not in any way binding on either governments or industry merely by virtue of being international standards.
CONTENTS
1. The scope and nature of occupational health and safety
2. The moral, social and economic reasons for maintaining and promoting health and safety
3. The role of national governments and international bodies in formulating a framework for regulation of health and safety
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