Module 4

(1)

Understandin

(2)

(3)

Understandin

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Understandin

(5)

Understandin

(6)

Understanding your responsibilities

What does the law require you to do?

(7)

As a manager, you know you have health and safety responsibilities, but what is there

(8)

The law sets the boundaries within which companies must operate

(9)

The law attempts to be fair by requiring you to be responsible for

(10)

According to the law, employers are not responsible for issues they can successfully

(11)

There are three simple tests to determine whether a risk is reasonably foreseeable:

(12)

There are three simple tests to determine whether a risk is reasonably foreseeable: • common knowledge

(13)

• common knowledge • industry knowledge

(14)

• common knowledge • industry knowledge • expert knowledge

(15)

As a manager, you’re required to assess reasonably foreseeable risks, and reduce

(16)

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(23)

Health and Safety at Work etc Act 1974 (HASWA)

(24)

The Management of Health and Safety at Work Regulations 1999

(25)

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

(26)

These statutes are put in place by

parliament in an attempt to stop accidents and injury before they happen

(27)

In criminal law, the State must prove its case ‘beyond reasonable doubt’

(28)

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Likely outcomes of a criminal case: Fines

(30)

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People injured by the negligence of others or a breach of statutory duty can seek

(34)

(35)

• the defendant owed the claimant a duty of care

To be successful, the claimant must show that:

• the duty of care was breached

• the injury was caused by the breach of the duty of care

(36)

If the employee played a part in the injury, the claim may be reduced due to contributory negligence

(37)

However, if other employees caused the injury, the employer may still be

ultimately responsible due to vicarious liability

(38)

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In civil law, the claimant must prove its case ‘on the balance of probabilities’

(40)

A decision made by a judge is a precedent, which means that the verdict of this case will

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1. Who does the court case focus on? The accused The injured party

(43)

1. Who does the court case focus on?

The accused _{The injured}

(44)

2. What is the main source of this type of

law? _{Common law precedence}

(45)

2. What is the main source of this type of law?

Statute law _{Common law}

(46)

3. Who makes this kind of law?

Judges Parliament

(47)

3. Who makes this kind of law?

Parliament

(48)

4. Who initiates legal proceedings?

HSE or Local Authority Anyone affected

(49)

4. Who initiates legal proceedings?

HSE or

Local Authority Anyone

(50)

5. What is the most likely outcome for this

case? _{Compensation payouts}

(51)

5. What is the most likely outcome for this case? Fines and/or possible imprisonment Compensation payouts

(52)

6. Who is responsible for proving the case (burden of proof)? _{The State}

(53)

6. Who is responsible for proving the case (burden of proof)?

The State

The claimant

(subject to health and safety law)

(54)

7. What is the burden of proof?

On the balance of probabilities Beyond reasonable doubt

(55)

7. What is the burden of proof?

Beyond reasonable doubt On the balance of probabilities

(56)

8. Normally, how soon must legal action

start? _{Three years}

(57)

8. Normally, how soon must legal action start?

Six months for

summary offences _{discovery of harm}Three years from

(but can be extended)

(but courts have discretion to extend)

(58)

9. What are the main parts of the law that

apply? _{HASWA 1974…}

(59)

9. What are the main parts of the law that apply to health and safety?

Health and Safety at Work etc Act

1974 and associated regulations Duty of care, negligence, and breach of statutory duty

(60)

Help with interpreting and applying the law can be found in the form of:

• approved codes of practice • guidance documents

• industry specific guidance

(61)

Now that you’ve seen what could happen after a serious accident, what kind of system

(62)

What are the key parts of a health and safety management system?

(63)

Most health and safety management systems are based around the principle:

Policy

Planning and organising

Implementing and operating

Measuring performance

Review and continual improvement

(64)

The key benefits of introducing a health and safety management system are to:

• comply with legislative requirements • help deliver the policy

• improve management of risks • provide competitive edge

• provide synergy with good business management

(65)

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A policy is your commitment to comply with the law and meet your responsibilities

(67)

The next step involves planning for hazards, risks, emergencies and responses

(68)

Then, organise responsibilities, and ensure each worker is capable of fulfilling them

(69)

Then, organise responsibilities, and ensure each worker is capable of fulfilling them

(70)

Implement your policy, planning and organisation by putting it into operation

(71)

The only way you can find out if your plans are working is to measure performance

(72)

For accurate records, performance should be measured both short and long term

(73)

Understandin

Understanding g your your responsibilresponsibilitiesities

If you find that adjustments are necessary,

you may need to

(74)

Understandin

(75)

Understandin

Understanding g your your responsibilresponsibilitiesities

OHSAS 18001 / ISO 14001 Management System Elements OHSAS 18001 / ISO 14001 Management System Elements

(76)

Understandin

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When it comes to responsibility, you need to: • appreciate the key procedures so you

understand when to act, and when not to • reduce reasonably foreseeable risks so

far as is reasonably practicable

• adapt your HSMS to the specific needs of your organisation to support sustainability • get everyone involved!

(80)

• What does the law require you to do? • How does the law work?

• What are the key parts of a health and safety management system? Key learning points:

(81)

• What does the law require you to do? • How does the law work?

• What are the key parts of a health and safety management system? Key learning points: