Managing health and safety: guidance

7. Managing health and safety: guidance • Successful health and safety management HS(G)65 ISBN 0 11 885988 9 • Five steps to successful health and safety management IND(G)132L

8. NEBOSH national General Certificate Unit 3 Organising for health and safety

9. Organising for health and safety • Elements of organisation: control, co-operation, communication and competence • Health and safety responsibilities of parties involved with work activities • Requirements placed upon employers to consult with their employees

10. Organising The process of designing and establishing the responsibilities and relationships between individuals which form the social environment in which work takes place

11. Why Organise (1) Management of Health and Safety at Work Regulations 1999: Regulation 5: ‘every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures’

12. Why Organise (2) A major influence on individual and group behaviour (often overlooked). Structures and processes needed which: • establish and maintain management control • promote co-operation between individuals to produce a collaborative effort • ensure effective communication • secure competence of employees

14. Control Generally securing commitment of managers, supervisors, employee who follow lead of senior managers and directors by: • treating issue as a line management concern • agreeing health and safety objectives at all levels of management • establishing performance standards • holding individuals responsible through appraisal/review • providing adequate supervision

15. Co-operation Establishing co-operation and involvement: • at site level via formal safety committee(s) looking at the direction of the health and safety effort • at local group level involvement in teams and problem solving activities

16. Communication Securing good communication and adequate information flows, including: • collecting essential information from outside • visible and supportive management behaviour • documentation of essential operational information, eg safety policy, organisation, procedures • encouraging face to face communication in groups • ensuring adequate external information flows

17. Competence Establish competence via: • recruitment • selection and placement • training • provision of adequate professional health and safety advice (Management of Health and Safety at work Regulations 1999: Regulation 7)

18. HSWA 1974: Section 2 General duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees and in particular: • safe plant and systems of work • safe use, handling, transport and storage of substances and articles • provision of information, instruction, training and supervision • safe place of work, access and egres • safe working environment and adequate welfare facilities

19. HSWA 1974: Section 2 (cont) • Written health and safety policy statement (where 5 or more employees) • consultation with safety representatives and formation of health and safety committees where there are recognised trade unions (Safety Representatives and Safety Committees Regulations 1977) Note that Health and Safety (Consultation with Employees) Regulations 1996 extends consultation rights to all employees

20. HSWA 1974: Section 3 General duty of employers and self employed to conduct their undertaking so as to ensure so far as reasonably practicable that persons other than their employees are not exposed to risks to their health or safety, eg, visitors, contractors, members of public. Potentially of wide application.

21. HSWA 1974: S3 and Contractors R v Associated Octel [1994] • use of contractors is part of ‘conduct of undertaking’ • host employer liable for health and safety of contractor’s employees • Engineering Employers Federation publication Safety and contractor/client relationships: the good practice guide for manufacturing

22. Contractors Client responsibilities • selection: ‘approved lists’ • planning and co-ordination of work (CDM Regulations may apply): method statements • provision of relevant health and safety information • authorisation • managing the contract (checking progress) • reviewing performance

23. Contractors Contractor responsibilities • planning and co-operation • preparation of method statements • exchange of information • use of competent employees and sound supervision

24. HSWA 1974: Section 4 General duty of persons concerned with premises to persons other than their employees Covers situations where persons permit use of non-domestic premises by persons who are not their employees as: • a place of work or, • a place where they may use plant or substances provided for their use there

25. HSWA 1974: Section 4 (cont) Duty of person(s) in control of premises to take reasonable measures to ensure so far as reasonably practicable: • that premises, means of access and egress available for persons using the premises and, • any plant or substances provided for use there is or are safe and without risk to health

26. HSWA 1974: Section 6 General duty of manufacturer etc. as regards articles and substances for use at work. Applies to any person who: • designs, manufactures, imports or supplies any article for use at work or, • manufactures, imports or supplies any substance for use at work.

27. HSWA 1974: Section 6 (cont) Articles (machinery, equipment or appliance for use at work). Duty requires so far as reasonably practicable: • design and construction so as to be safe and without risk to health when being set, used, cleaned or maintained • appropriate testing and examination • supply of information and any revisions

28. HSWA 1974: Section 6 (cont) Substances Duty requires so far as reasonably practicable: • substance to be safe and without risk to health when used, handled, processed, stored or transported • testing and examination • provision of adequate information and revisions • carrying out research (manufacturers only)

29. HSWA 1974: Section 7 General duties of all employees at work: • Section 7(a): to take care for health and safety of themselves and others who may be affected by acts or omissions and, • Section 7(b): to co-operate with employer so as to enable compliance with statutory requirements.

30. HSWA 1974: Section 8 No person to intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare

31. TheManagement of Health and Safety at Work Regulations 1999 Employers Duties • risk assessments • arrangements for planning, organisation, control, monitoring and review of health and safety measures • competent persons to assist in compliance with duties • emergency procedures • provision of information • co-operation and co-ordination in shared workplaces • provision of relevant information to non-employees working on site and temporary workers • consideration of capabilities and provision or training • new or expectant mothers and young persons

32. MHSWR 1999: Regulation 7 (health and safety assistance) • one or more competent persons to be appointed to assist employer in complying with health and safety law • scope and nature of appointment(s) will vary according to size of organisation and/or complexity of operations • specialists may be needed from time to time e.g. consultants, occupational health specialists, engineers, ergonomists, etc

33. The Management of Health and Safety at Work Regulations 1999 Employees duties • use any equipment or substances in accordance with training or instruction • report to employer any serious or immediate danger • report any shortcomings in employers health and safety arrangements

34. The self employed Health and safety at work etc Act 1974: • to ensure their own health and safety (S2) • to conduct undertaking so as ensure health and safety of others (S3) Management of Health and Safety at Work Regulations 1999: • carry out risk assessments (Reg 3) • co-operate with others (Reg 11) • provide information to others working in their undertaking (Reg 12)