M008 Health & Safety

GENERALLY
1. Legal considerations and duties
  1. 1. European Union
    1. H&S framework Directive
    2. requires member states to pass their own legislation to implement the directive
  2. 2. Acts of parliment
    1. Health and Safety at Work Act 1974
      1. umbrella legislation for H&S and places duties on emp.
  3. 3.Regulations
    1. HSWA 1974 underpinned by regulations
      1. e.g. management of health and safety at work 1999
    2. imposes req. 2 assess risk
    3. governed by HSE/ LA/ environ. health officers etc.
  4. 4. Approved codes of practice & guidance
    1. created by HSE 2 assist with compliance of legal duties
  5. 5. Information Sheets and leaflets
    1. HSE issues info papers to provide helpful checklists
  6. Duties
    1. Employers
      1. 5 or more employees
        policy statement
        orgs. H&S structure
        Management system
        audit & review measures
      2. 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
    2. Employees
      1. famiiliarise with H&S procedures
      2. comply with H&S policy
      3. follow lone working procedures
  7. Potential Penalties
    1. Ciriminal
      1. some offences = strict liability only needs proof ofense occured
      2. not taking necessary steps 2 protect people = crim offence
        charges against org/ individuals
      3. HSE can bring prosecutions to magistrates = max fine £20k/breach
      4. more serious = crown court & unlimited fines
      5. also imprisonment 4 almost all offenses
        6 mnths magistrates
        2yrs in crown
      6. work related death = manslaughter charges
    2. Work-realted deaths
      1. investigation carried out jointly by police + HSE
    3. corporate manslaughter
      1. corporate manslaughter & corporate Homicide Act 2007
      2. 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
    4. civil liability
      1. within 3 yrs of breach
      2. usual sanction = damages for loss of income & pain or suffereing
      3. commonly negligence
        slips/trips/falls/stress
2. Personal Responsibilities
  1. Individual must have a clear understanding of H&S
    1. through training
    2. keep up-to-date with info
    3. personal experiecne
  2. General rule = more snr position = more responsibility
  3. General responsibilties
    1. co-operate with emp 2 min risk of H&S 2 themselves
    2. reporting breaches - actual/potential
    3. maintaining competence of H&S issues
3. corporate responsibilites
  1. General Responsibilities
    1. structure to manage H&S
    2. accountability 4 management of H&S
    3. identify + manage foreseeable risks
    4. appropriate insurance
      1. employers liability & public liability insurances
    5. a process of managing contractors/ provision from/to others.
    6. training + info to manage H&S
4. Assessing risks
  1. risk management
    1. identify
      1. Evaluate
        monitor
    2. Hazard = something with potential 2 cause harm
    3. Risk = likelihood of occurance
AT WORK
1. common requirements of places of work
  1. Workplace (health & Safety and Welfare) Regulations 1992
    1. WC facilities
    2. access 2 drinking water
    3. control over temperature
    4. replacement of fresh air
    5. adequate light
    6. emergency arrangement
    7. assesment of risk
    8. storage for files etc.
    9. area 2 prepare food
  2. Emergency arrangements
CONSTRUCTION SPECIFIC
1. Definition of construction work
  1. Construction (Design Management) Regulations 2007
  2. carrying out any building, civls, or eng works
  3. doesnt include works such as : putting up marquees/ tree planting/ surveying works
2. who procures & manages construction works?
  1. CDM 2007 applies to all construction works
  2. clients/consultants/developers etc.
3. Clients Duties under CDM 2007
  1. duty holder - provide pre-construction H&S docs
  2. provide MC all relevant info - asbestos/soil reports etc.
  3. others may act on behalf of client
    1. req. contractural agree 2 ensure clients CDM duties r discharged
4. Designers
  1. req. 2 avoid foreseeable risk in designs (reasonably practicable)
    1. applies to all phases from construction 2 maintainence
  2. provide info on risks that couldnt b eliminated 4 future management
5. Competence
  1. client ensures that their consultants are competent to do the works requested.
  2. normally done via a PQQ
  3. HSE ACoP guidance on competence
    1. assess of how they organise & manage H&S arrangements
    2. assess previous exp. 2 est. ability 2 undertake wrks.
6. Notiable projects
  1. longer than 30 days of work or 500 person days
    1. 1person day = 1 shift/ 8hrs
  2. client must appoint 2 further duty holders
    1. CDM Appointed
      1. coord H&S of design
      2. Pre-construction info compiled & inc into tender docs
      3. ensure H&S file is provided for safe keeping at end of proj.
      4. ensure wrks dont star until PC has provided construction phase H&S docs
      5. raise F10
    2. Principle Contractor
      1. plan & man wks
      2. H&S of all subbies
        people on site
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