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Risk Assessment. Course Objective. By the end of this session you will be able to: Understand the legal requirement of risk assessment. Carry out a risk assessment as part of a team. Legislation. Statute Law. What is statute law?. Statute Law. What is statute law?
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Risk Assessment Safety, Health and Environmental Team
Course Objective By the end of this session you will be able to: • Understand the legal requirement of risk assessment. • Carry out a risk assessment as part of a team. Safety, Health and Environmental Team
Legislation Safety, Health and Environmental Team
Statute Law What is statute law? Safety, Health and Environmental Team
Statute Law What is statute law? Written law, such as Acts and Regulations. These lay down formal rules to be followed by those who are affected by the law. e.g. Health and Safety at Work etc. Act 1974. Safety, Health and Environmental Team
Common Law What is common law? Safety, Health and Environmental Team
Common Law What is common law? Law that is not written, but is set by the courts, by precedence. e.g. Murder. Safety, Health and Environmental Team
Negligence Part of civil law, which gives people rights and allows claims for redress to be made against the wrong-doer. Careless conduct which causes damage or injury to others. Safety, Health and Environmental Team
Negligence Defined in law as: “The omission to do something which a reasonable man……would do, or doing something which a prudent and reasonable man would not do.” Gives rise to a Duty of Care. Safety, Health and Environmental Team
Duty of Care Duty on all people to exercise reasonable care that their acts or omissions do not harm their neighbour, i.e. any person closely and directly affected by the act or omission. Safety, Health and Environmental Team
Sources of Legislation • The Health and Safety At Work etc. Act 1974. • An enabling act. • Offences against this act are criminal. Safety, Health and Environmental Team
The Health and Safety at Work etc. Act 1974 • Duties on employers – section 2. • Duties on employees – section 7. • Reasonable care for own health and safety at that of others who may be affected by your acts and omissions. • Co-operate with employer to enable them to discharge their own duties. Safety, Health and Environmental Team
Sources of Legislation • European Directives • All members have to comply. • They become national regulations. • The standard of the regulations vary from member state to member state. • e.g. The Work at Height Regulations. • e.g. The Management of Health and Safety at Work Regulations. Safety, Health and Environmental Team
Sources of Legislation • Statutory Instruments. (S.I.) • The legal document that is laid before Parliament. • Not always easy to read. • Great care must be taken not to mis-interpret it. • Usually written in legalese jargon. Safety, Health and Environmental Team
Sources of Legislation • Approved codes of practice (ACoPS) • The Highway Code is an ACoP. • Supports Road Traffic Acts. • Not law. • Can be used in evidence that you did not comply with the regulations or acts. • Compresses sometimes large regulations into smaller readable documents. Safety, Health and Environmental Team
Sources of Information • Guidance notes. • Provide easy to read information to enable you to comply with the regulations. • e.g. HSG 65 Management Systems. • e.g. INDG402 Safe Use of Ladders. Safety, Health and Environmental Team
The Legal Requirement The Management of Health and Safety At Work Regulations 1999 (as amended). Regulation 3 – Risk Assessment. Safety, Health and Environmental Team
The Legal Requirement Every employer shall make asuitableand sufficientassessment of: • The risks to the health & safety of his employees to which they are exposedwhilst they are at work. • The risks to the health & safety ofpersons not in his employmentarising out of or in connection with the conduct by him of his undertaking. and attempt to reduce the risks to atolerable level. Safety, Health and Environmental Team
Additional Regulations Requiring Risk Assessment • Manual Handling Operations Regulations 1992. • Control of Substances Hazardous to Health Regulations 2002 (COSHH). • Provision and Use of Work Equipment Regulations 1998 (PUWER). Safety, Health and Environmental Team
Additional Regulations Requiring Risk Assessment • Personal Protective Equipment at Work Regulations 1992 (as amended). • Health and Safety (Display Screen Equipment) Regulations 1992 (as amended). • Control of Noise at Work Regulations 2005. Safety, Health and Environmental Team
Review of Assessments • If suspect that it is no longer valid. • If there are significant changes, e.g. to procedures, equipment, personnel. • If a young person is employed in the task. • Following an incident or accident. Safety, Health and Environmental Team
Types of Risk Assessments Safety, Health and Environmental Team
Types of Risk Assessments • Strategic • Integrated risk management. • Systematic • High rise procedure, one-off exercises. • Dynamic • Ever changing situations. Safety, Health and Environmental Team
Definitions HAZARD Safety, Health and Environmental Team
Definitions HAZARD Something that has the potential to cause harm. Example: Electricity Safety, Health and Environmental Team
Definitions RISK Safety, Health and Environmental Team
Definitions RISK The likelihood of the harm being realised, and the severity. Example: Likely and death Safety, Health and Environmental Team
Definitions CONTROL MEASURE Safety, Health and Environmental Team
Definitions CONTROL MEASURE Something or process that eliminates or reduces the risk likelihood and/or severity. Example: Light switch, Residual Current Device (RCD) Not Fuses Safety, Health and Environmental Team
The Process 1 The Hazard Identify anything that has the potential to cause harm to anyone. Safety, Health and Environmental Team
The Process 2 Identify the Population Likely to be Harmed e.g. Fire Fighter Visitor Contractor Volunteer Safety, Health and Environmental Team
The Process 3 Control Measures • Determine what controls already exist (e.g. procedures, PPE, signage, cordons, etc.) • Are they effective? Safety, Health and Environmental Team
The Process 4 • Using the matrix, determine the: • Severity rating. • Likelihood rating. • Multiply to give the current risk rating – what we have if we do nothing more. Safety, Health and Environmental Team
1 – 5 Monitor 6 – 14 improve controls 15 – 25 unacceptable risk introduce further controls. Safety, Health and Environmental Team
The Process 5 Recommendations • If you feel that something else could be introduced to reduce the risk rating, then fill in the recommendations column. • If the risk rating is 6 to 14, try to improve the controls. • If the risk rating is 15 to 25, the controls are inadequate. Safety, Health and Environmental Team
The Process 6 Final Actions • If you have made recommendations. • Fill in the actions column. • Decide who should be responsible for the actions. • Set a realistic date for completion. • Determine the final risk rating. Safety, Health and Environmental Team
Training Exercises • An HS6 needs to be completed for offsite training exercises. • These must involve Representative Bodies. • TR8 records are not risk assessments. • These are notifications of exercises/drills and do not replace risk assessments. Safety, Health and Environmental Team
Significant Findings Sheet Safety, Health and Environmental Team
General Principles of Prevention • Avoid hazards and risks. • Evaluating the risks which cannot be avoided. • Reducing those risks at source if possible. • Adapting the work to the individual. • Adapting to technical progress. Safety, Health and Environmental Team
General Principles of Prevention • Replacing dangerous with non or less dangerous. • Giving collective protection measures priority over individual measures. • Giving appropriate instructions and training to employees. Safety, Health and Environmental Team
Don’t struggle on, if you have any problems completing your Risk Assessment call: The Safety, Health and Environmental Team Safety, Health and Environmental Team
Sources of Information • SHE Team site on the Intranet (listed under TOpS). • Policy • Guidance • Risk Assessment Portfolio • www.hse.gov.uk Safety, Health and Environmental Team