4. Handling accidents 30% of total
Slips trips and falls 25%
Struck by objects 5%
Striking objects 20%
Harmful substances 10%
Fires 5%
5. Technician Overturned Amputated toes
magnet
Labourer Manhole cover Crushed fingers
Driver Car crash Whiplash injury
Manager Damaged socket Electric shock
Chef Tipping kettle Severe scalding
Technician Slip on wet floor Broken arm
6. Most accidents are a result of human error
Some errors are deliberate
Some are errors of judgement
Other errors are mistakes made as a result
of forgetfulness or carelessness
Often management deficiencies are underlying
causes of accidents
7. Electricity
Fire
Slips, trips and falls
Bumping into things
Handling injuries
- sharp objects
- lifting & carrying
Falling/flying objects
Present in most workplaces
8. Chemicals
Radiation
Micro-organisms
Machinery
Hand tools
Pressure vessels
Hot and cold objects
Present in some workplaces
9. Musculo-skeletal injuries
- upper limb disorders (“RSI”)
- back injuries
Asthma
Dermatitis
Noise induced hearing loss
Vibration white finger
Stress related illness
Can be referred to the Occupational Health
10.
11. Common law is unwritten but binding
Derived from local/customary laws & judges decisions
It evolves continuously as precedents are established
decisions of a lower court can be overturned by a higher
court
Statute law is written
Passed by Parliament and approved by the Sovereign
It takes precedent over all other forms of Law (Common
Law) etc.
Some Statute law is derived from decisions of the
European Union; EC DIRECTIVES
12. Criminal Law exists to punish offenders and
guilt must be established “beyond
reasonable doubt”
Civil Law is concerned with compensation
and redress: the burden of proof is “the
balance of probability”
(a lower standard of proof)
13. If an accident occurs
and somebody suffers injury or loss
and negligence or breach of statutory duty
can be proved
damages may be recoverable
14. Actions for personal injury claims etc
normally have to be brought within 3 years
of the accident
In the case of a disease (e.g. asbestosis the
limitation is 3 years from diagnosis
Courts may allow some time
barred cases to proceed
15. Donoghue v Stevenson (1932): you must take reasonable
care to avoid acts/omissions which you can reasonably
foresee would be likely to injure your neighbour
This duty of care is owed to people who are closely & directly
affected by your acts/omissions (e.g. employers, employees,
contractors, visitors, suppliers)
defences against actions include: no duty owed, duty not
breached, breach did not lead to damage, risk accepted
voluntarily, contributory negligence
Ignorantia Juris non excusat; IGNORANCE OF THE LAW IS
NOT AN EXCUSE
16. Wilson & Clyde Coal v English 1938 A leading
case which established an Employer’s duty
of care towards employees “Master’s duty to
a Servant”
Safe premises
Safe plant & equipment
Competent fellow workers
Adequate supervision
17. Damages can be recovered if it can be proved
that loss occurred because of the defendant’s
failure to comply with a statutory requirement
May be easier to prove than negligence
Main defences: duty not breached, injured party
not protected by statute, harm not of type statute
designed to protect, contributory negligence
Some statutory duties are absolute
18. Employers are vicariously liable for the actions
of their employees provided that the
employees were acting in the course of their
employment
Even if the activity was expressly forbidden or
the employee was negligent (e.g. Limpus vs
London Omnibus Co., 1862)
19. Employees may also be sued. They have a duty
to:
- To carry out duties with reasonable care
- To avoid loss to Employer
Employers not liable for activities that do not
form part of employees’ employment “servant’s
frolic of his own”
Storey v Aston (1869) Employer not liable for
accident caused during unauthorised detour
20. Edwards v National Coal Board (1949) Risk must be
insignificant in relation to sacrifice (time, effort &
expense
Marshal v Gotham & Co (1954) If something is
practicable, courts will not lightly hold that it is not
reasonably practicable
Adsett v K&L Steelfounders & Engineers Ltd (1953)
The standard of practicality is that of current
knowledge, not having sufficient resources is no
excuse for inaction
21. “Volenti non fit injuria”: cannot expect redress if you
consent to an act likely to result in injury or loss
Cutler v United dairies (1933) Cutler failed to recover
damages after being injured trying to restrain a bolting
horse: it was held he consented to the risk
Haynes v Harwood (1935) A policeman was able to
recover damages after being injured restraining as
bolting horse: he had a legal duty to protect life &
property and was not held to have consented willingly
to the action
22. Where a person suffers damage or loss
Partly his/her fault
Partly the fault(s) of other person(s)
Damages may still be recoverable but the amount
will be reduced in proportion to the claimant’s
responsibility
Saywer vs Harlow UDC (1958) Contributory
negligence was accepted after a woman was
injured when she put her foot on a revolving
toilet roll while trying to get out of a cubicle
23. Duty of reasonable care to lawful visitors (invitees,
licensees, contractors & those with a right under
law)
Need to ensure premises are reasonably safe.
Dangerous defects must be repaired and warning
notices displayed as necessary
Should expect children to be less careful than
adults
Common Law duty not to cause trespassers
intended harm
24. TRESPASS: CASE LAW
Tichener v British Railways Board (1984)
BRB not liable for injuries to teenage girl hit by a
train even though fence was not maintained (Girl
frequently & willingly took risk)
British Railways Board vs Herrington (1972)
BRB liable for injuries to a 6-year old child who
had strayed onto the line
25. Lord Woolf (the Lord Chief Justice) drew up a
Personal Injury Pre-action Protocol aimed at
simplifying & streamlining claim procedures
Claims must proceed to a strict timetable
Defendants must investigate claims & disclose
relevant documents within the timetable
If the protocol is not complied with, Courts may
impose tough sanctions
26. You are going to work by bus. You buy a ticket (a
“contract” with the bus co).
During the journey, the driver collides with another
vehicle and you suffer minor cuts and bruises.
By the time everything is sorted out, you are very late
for work. You sprint from the bus stop and trip over
a paving stone, breaking your arm.
Who is, if anybody, is liable
for your injuries?
27. All criminal cases are first dealt with by Magistrates Courts. these
can try summary offences and can commit people accused of
indictable offences (& commit people for sentencing) to the Crown
Court.
The Crown Court tries Indictable offences. Trial is before a Judge
(with a Jury in contested cases. Can also hear appeals from
Magistrates Courts.
The High Court of Justice hears appeals from Magistrates & some
appeals from Crown Courts.
The Court of Appeal (Criminal Division) hears appeals from Crown
Courts it can amend or reverse decisions or remit cases to lower
courts
The House of Lords is the ultimate court of appeal
28. Section 2: duty to ensure, so far as is reasonably
practicable the health safety & welfare of employees
safe workplace & safe working practices
information, training & supervision
adequate welfare facilities
health & safety policy
safety representatives & committees
Section 3: employers to conduct undertakings so as to
ensure so far as is reasonably practicable that persons
not in his employment are not exposed to risks to their
health & safety
29. Section 4: duty of those in control of premises to non-
employees
Section 6: duties of manufacturers & suppliers (includes
provision of safety information)
Section 7: duty of employees to take reasonable care for
their health & safety and that of others affected by their acts/
omissions and to co-operate with employer
Section 8: no person to intentionally/ recklessly interfere with
or misuse anything provided for health, safety or welfare
Section 9: no charge to employees for H&S items
30. Section 36: where the commission of an offence
is due to the default of another person - that
person shall be guilty of the offence
Section 37: Directors are responsible (as well as
the body corporate) for offences committed with
their consent/connivance or attributable to any
neglect on their part
31. Made under the Health & Safety at Work etc Act 1974
Often required by European Directives
Consultative Documents issued by Health & Safety
Commission
Signed by the Secretary of State
Laid before Parliament
Have coming into force (CIF) dates
Most may be cited in “breach of statutory duties”
actions (but not HSAWA or MHSWR)
32. Management of H&S at Work * Workplace Health, Safety
& Welfare * Working time * Provision & Use of Work
Equipment * Personal Protective Equipment at Work *
Display Screen Equipment * Manual Handling Operations
* Safety Signs & Signals * Pressure Systems * Electricity
at Work * First Aid at Work * Control of Substances
Hazardous to Health * Control of Asbestos at Work *
Genetic Modification (Contained Use) Regulations *
Dangerous Substances & Explosive Atmospheres *
Ionising Radiations * Genetic Modification * Reporting of
Accidents, Incidents & Dangerous Occurrences
33. Assessment of risks
planning, organisation, control monitoring & review
health surveillance
competent H&S personnel
emergency procedures
information & training
co-operation with other employers
employees to follow instructions & report serious
dangers/shortcomings
35. Risk assessment
elimination or control of risk
maintenance of equipment
environmental monitoring
health surveillance
emergency procedures
information, instruction & training
36. ACOPs are prepared by the Health & Safety
Commission
Although they are not laid before Parliament,
they have a legal status
They set out how Regulations may be complied
with
You do not have to follow the ACOP but if you do
not you may have to prove that you complied
with the Regulations by other means
37. Entry to premises
Involvement of police
Make necessary examinations & investigations
To direct premises are undisturbed
To take photographs, measurements & samples
To order plant to be dismantled
Require witness statements
Inspect documents etc
38. A Prohibition Notice prohibits an activity (e.g. use
of a dangerous machine)
An Improvement Notice requires improvements
(usually within a time scale)
Organisations can appeal against notices to an
Industrial Tribunal
The HSE “names and shames” offenders
Enforcing Authorities can prosecute offenders for
breaches of HSAWA or Regulations made under
HSAWA
39. Failing to comply with an Improvement/ Prohibition
Notice:
Lower court £20,000 and/or 6 months in prison
Higher court unlimited fine and/or 2 years in prison
Breaches of sections 2-6 of HSAWA
Lower court £20,000; higher court unlimited fine
Breaches of regulations etc
Lower court £5,000; upper court
unlimited fine
40. Both individuals and organisations can be charged
with manslaughter
At present, a company can only be convicted of
manslaughter if “the Controlling mind” is first proved
guilty
This is normally only possible with very small
companies
The law is being changed to make it easier to
convict larger organisations
41. A chemical company (Associated Octel) used a firm of
specialist contractors to carry out maintenance under
permit to work systems
One of the contractors suffered severe burns when a
lamp broke setting fire to solvent vapours from a bucket of
acetone which was being used as a cleaning agent
AO denied responsibility, claiming that the activities of the
contractors were “not part of their undertaking”
If you were an HSE inspector, who would you prosecute
and why?
42.
43. People often say “health & safety is just
common sense” but unfortunately, “common
sense” is a rare commodity
A proactive management system is
needed if accidents and work related ill
health are to be reduced
Policy, organisation, planning, monitoring,
review
44. Commitment to standards of good/best
practice
Duties/responsibilities of staff & employees
Duties/responsibilities to public, visitors.
May be supplemented by local rules
Signed by Head of Department
Periodically reviewed
45. Control - supervision, safe systems of
work etc
Consultation - Safety Committees,
informal consultation
Communication - intra-departmental,
OHS Bulletin, web site etc
Competence - health & safety
information, instruction, and training
46. A little fire is quickly trodden out, which being
suffered rivers cannot quench – Shakespeare
Emergency plan
Evacuation wardens
Training & information
Emergency kits
Fire prevention
47. Risk assessment
Substances hazardous to health
Stress management
Supervision of contractors
Accident investigation
Office safety
Fire & emergencies etc
48. Runs from .....................
Incorporates Government targets for
reduction of accidents and ill health at
work
Addresses each of the 5 areas of H&S
management
Sets a timetable for action
49. Should be reviewed annually
Could include:
- policy revision
- organisational initiatives (training etc)
- risk assessment
- risk elimination or control initiatives
- monitoring/review
Can include in Annual H&S Report
50. Inspections by Trade Union
Reps
Health & Safety Management
Audits
Visits by insurers and enforcing
authorities
51. All accidents and untoward incidents should be:
- reported (RIDDOR)
- recorded
- investigated
Remedial action must be
taken to prevent repetition
52. Injuries which involve the following should be reported:
Visitors, young persons or contractors being taken to
hospital
A time loss of more than 3 days results
Admittance to hospital for more than 24 hours
Death ● Resuscitation ● Amputation
Loss of consciousness ● Fractures ● Dislocations
Loss of sight (temporary or permanent)
Specified diseases
Specified dangerous occurrences
53. Encourage reporting of minor accidents and
near misses
Investigate & take action to prevent recurrence
– immediate & underlying causes
Ensure accident form is completed
Keep a copy with relevant documentation, (e.g.
witness statements, records of training,
photographs)
Investigations should be about preventing
recurrence, not apportioning blame
56. You must:
Identify hazards
decide who is at risk
assess the risks
Record significant findings
eliminate or control risks
57. A hazard is the Anything
that can cause harm
A risk is the probability or Likelihood
that the hazard will
cause harm
58. Some risks we accept as part of normal living.
Most would consider such conditions to be “safe”.
Other risks we tolerate because we consider the
benefits outweigh the risks (e.g. driving a car).
Conditions should also be relatively safe, provided
risks are reduced as low as is reasonably
practicable (ALARP).
Some risks are considered intolerable and most
would consider conditions “unsafe”
59. Look for hazards that could reasonably be
expected to cause significant harm
Check list
Walk through survey
Brainstorming session
What could go wrong if…………………….?
How could such a failure happen………...?
60. Operators
Supervisors
Contractors
People sharing your workplace
Visitors & members of the public
Special risks (pregnant women, young or
inexperienced persons, lone workers,
people with disabilities etc)
61. Risk = Low Moderate High
Harm x frequency frequency frequency
likelihood
Minor Very low Low risk Moderate
injury risk risk
Serious Low/ Moderate High risk
injury Moderate risk
Major Moderate/ High risk Very high
injury high risk risk
62. Eliminate if practicable
otherwise control exposure
safe systems of work
personal protective equipment
instruction and training
emergency procedures
health surveillance
66. Risk of multiple fatalities and material loss
Keep combustible material to a minimum
Take care with flammable solvents
Dispose of waste promptly
Take care with sources of ignition
Do not wedge fire doors open
Do not block fire exits
Report faults etc promptly
67. Fires can break out any time
Do you know what to do ?
Do you know where to go ?
Do you know which extinguisher to use ?
68. The following slides will help,
HOWEVER YOU SHOULD READ YOUR LOCAL
FIRE INSTRUCTIONS,
IT JUST MIGHT SAVE YOUR LIFE
OR SOMEONE ELSES.
69. SHOUT,
FIRE, FIRE, FIRE,
don’t be embarrassed or worried about being
wrong and don’t try to be a hero.
Press the nearest FIRE CALL BUTTON, get to
know where they are, normally by or close too
exits.
72. GIVE YOUR
NAME
WHERE YOU ARE CALLING FROM
WHERE THE FIRE IS
ONLY IF IT IS SAFE TO DO SO - INFORM
THE OPERATOR IF YOU ARE MAKING AN
ATTEMPT TO EXTINGUISH THE FIRE
73. LEAVE THE BUILDING BY THE NEAREST
EXIT.
CLOSE DOORS/ WINDOWS ONLY IF SAFE
TO DO SO
GO TO THE FIRE ASSEMBLY POINT
AWAIT THE FIRE SERVICE
78. Portable device used to put out fires of limited
size. Such fires are grouped into four classes,
according to the type of material that is
burning.
Class A fires include those in which ordinary
combustibles such as wood, cloth, and paper
are burning.
Class B fires are those in which flammable
liquids, oils, and grease are burning.
Class C fires are those involving live electrical
equipment.
Class D fires involve combustible metals such
as magnesium, potassium, and sodium. Each
class of fire requires its own type of fire
extinguisher.
79. Some extinguishers will put out only one class
of fire; others are used for two or even three
classes; none is suitable for all four classes.
80. Fire extinguishers may go unused for many
years, but they must be maintained in a state of
readiness. For this reason, periodic inspection
and servicing are required, and that
responsibility rests with the owner. Local
Authority Fire department inspectors check at
periodic intervals to see that extinguishers are
present where required by law and that they
have been serviced within the specified time
period.
81. Class A fire extinguishers are usually water
based. Water provides a heat-absorbing
(cooling) effect on the burning material to
extinguish the fire. Stored-pressure
extinguishers use air under pressure to expel
water.
82. Class B fires are put out by excluding air, by
slowing down the release of flammable
vapours, or by interrupting the chain reaction
of the combustion.
Three types of extinguishing agents —
carbon dioxide gas,
dry chemical (powder), and
foam
are used for fires involving flammable liquids,
liquefiable solids, greases, and oils.
83. Carbon dioxide is a compressed gas agent that
prevents combustion by displacing the oxygen in
the air surrounding the fire. (CAUTION, DO NOT
TOUCH THE HORN OR BASE OF THE
EXTINGUISHER DURING DISCHARGE AS
THEY BECOME EXTREMELY COLD)
84. The two types of dry chemical extinguishers include
one that contains ordinary sodium or potassium
bicarbonate, urea potassium bicarbonate, and
potassium chloride base agents;
The multi-purpose, dry chemical type extinguishers
contains an ammonium phosphate based powder. The
multi-purpose extinguisher can be used on class A, B,
and C fires.
85. Most dry chemical extinguishers use stored
pressure to discharge the agent, and the fire is
extinguished mainly by the interruption of the
combustion chain reaction.
86. Foam extinguishers use an aqueous film
forming foam (AFFF) agent that expels a layer
of foam when it is discharged through a nozzle.
It acts as a barrier to exclude oxygen from the
fire
87. The extinguishing agent in a class C fire
extinguisher must be electrically non-
conductive. Both carbon dioxide and dry
chemicals can be used in electrical fires. An
advantage of carbon dioxide is that it leaves no
residue after the fire is extinguished. When
electrical equipment is not energized,
extinguishers for class A or B fires may be
used.
88. A heat-absorbing extinguishing medium is
needed for fires in combustible metals. Also,
the extinguishing medium must not react with
the burning metal. The extinguishing agents,
known as dry powders, cover the burning
metal and provide a smothering blanket.
89. The extinguisher label gives operating
instructions and identifies the class, or classes,
of fire on which the extinguisher may be used
safely.
USING THE WRONG EXTINGUISHER CAN BE
DANGEROUS
