M008 Health & Safety

M008 Health & Safety

1. GENERALLY

   • Legal considerations and duties
     • 1. European Union
       • H&S framework Directive
       • requires member states to pass their own legislation to implement the directive
     • 2. Acts of parliment
       • Health and Safety at Work Act 1974
         • umbrella legislation for H&S and places duties on emp.
     • 3.Regulations
       • HSWA 1974 underpinned by regulations
         • e.g. management of health and safety at work 1999
       • imposes req. 2 assess risk
       • governed by HSE/ LA/ environ. health officers etc.
     • 4. Approved codes of practice & guidance
       • created by HSE 2 assist with compliance of legal duties
     • 5. Information Sheets and leaflets
       • HSE issues info papers to provide helpful checklists
     • Duties
       • Employers
         • 5 or more employees
           • policy statement
           • orgs. H&S structure
           • Management system
           • audit & review measures
         • Express obligations
           • risk assessments
           • safe place to work
             • inc. welfare/ ventilation. lighting
           • risk assess of computer use
           • provide & maintain safe equipment
           • first aiid facilities
           • display H&S poster in workplace
           • risk of fire assessments
           • H&S inductions
           • management of asbestos
           • guidance on lone working
       • Employees
         • famiiliarise with H&S procedures
         • comply with H&S policy
         • follow lone working procedures
     • Potential Penalties
       • Ciriminal
         • some offences = strict liability only needs proof ofense occured
         • not taking necessary steps 2 protect people = crim offence
           • charges against org/ individuals
         • HSE can bring prosecutions to magistrates = max fine £20k/breach
         • more serious = crown court & unlimited fines
         • also imprisonment 4 almost all offenses
           • 6 mnths magistrates
           • 2yrs in crown
         • work related death = manslaughter charges
       • Work-realted deaths
         • investigation carried out jointly by police + HSE
       • corporate manslaughter
         • corporate manslaughter & corporate Homicide Act 2007
         • org 2 be guilty
           • cause a persons deaath
             • fine also min of £500k
           • amount 2 a gross breach of a relevant duty of care
             • activities that fall below the level of what is expected
               • fine also min of £100k
       • civil liability
         • within 3 yrs of breach
         • usual sanction = damages for loss of income & pain or suffereing
         • commonly negligence
           • slips/trips/falls/stress
   • Personal Responsibilities
     • Individual must have a clear understanding of H&S
       • through training
       • keep up-to-date with info
       • personal experiecne
     • General rule = more snr position = more responsibility
     • General responsibilties
       • co-operate with emp 2 min risk of H&S 2 themselves
       • reporting breaches - actual/potential
       • maintaining competence of H&S issues
   • corporate responsibilites
     • General Responsibilities
       • structure to manage H&S
       • accountability 4 management of H&S
       • identify + manage foreseeable risks
       • appropriate insurance
         • employers liability & public liability insurances
       • a process of managing contractors/ provision from/to others.
       • training + info to manage H&S
   • Assessing risks
     • risk management
       • identify
         • Evaluate
           • monitor
       • Hazard = something with potential 2 cause harm
       • Risk = likelihood of occurance

2. AT WORK

   • common requirements of places of work
     • Workplace (health & Safety and Welfare) Regulations 1992
       • WC facilities
       • access 2 drinking water
       • control over temperature
       • replacement of fresh air
       • adequate light
       • emergency arrangement
       • assesment of risk
       • storage for files etc.
       • area 2 prepare food
     • Emergency arrangements

3. CONSTRUCTION SPECIFIC

   • Definition of construction work
     • Construction (Design Management) Regulations 2007
     • carrying out any building, civls, or eng works
     • doesnt include works such as : putting up marquees/ tree planting/ surveying works
   • who procures & manages construction works?
     • CDM 2007 applies to all construction works
     • clients/consultants/developers etc.
   • Clients Duties under CDM 2007
     • duty holder - provide pre-construction H&S docs
     • provide MC all relevant info - asbestos/soil reports etc.
     • others may act on behalf of client
       • req. contractural agree 2 ensure clients CDM duties r discharged
   • Designers
     • req. 2 avoid foreseeable risk in designs (reasonably practicable)
       • applies to all phases from construction 2 maintainence
     • provide info on risks that couldnt b eliminated 4 future management
   • Competence
     • client ensures that their consultants are competent to do the works requested.
     • normally done via a PQQ
     • HSE ACoP guidance on competence
       • assess of how they organise & manage H&S arrangements
       • assess previous exp. 2 est. ability 2 undertake wrks.
   • Notiable projects
     • longer than 30 days of work or 500 person days
       • 1person day = 1 shift/ 8hrs
     • client must appoint 2 further duty holders
       • CDM Appointed
         • coord H&S of design
         • Pre-construction info compiled & inc into tender docs
         • ensure H&S file is provided for safe keeping at end of proj.
         • ensure wrks dont star until PC has provided construction phase H&S docs
         • raise F10
       • Principle Contractor
         • plan & man wks
         • H&S of all subbies
           • people on site

4. ASBESTOS & OTHER HAZARDOUS MATERIALS