Module 4
Short Description
Module 4...
Description
Understanding Understandin g your responsibil responsibilities ities
Understanding Understandin g your responsibil responsibilities ities
Understanding Understandin g your responsibil responsibilities ities
Understanding Understandin g your responsibil responsibilities ities
Understanding your responsibilities
What does the law require you to do?
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As a manager, you know you have health and safety responsibilities, but what is there to guide you?
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The law sets the boundaries within which companies must operate
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The law attempts to be fair by requiring you to be responsible for reasonably foreseeable risks
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According to the law, employers are not responsible for issues they can successfully argue as ‘not reasonably foreseeable’
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There are three simple tests to determine whether a risk is reasonably foreseeable:
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There are three simple tests to determine whether a risk is reasonably foreseeable: • common knowledge
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There are three simple tests to determine whether a risk is reasonably foreseeable: • common knowledge • industry knowledge
Understanding your responsibilities
There are three simple tests to determine whether a risk is reasonably foreseeable: • common knowledge • industry knowledge • expert knowledge
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As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable
Understanding your responsibilities
As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable
Understanding your responsibilities
As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable
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How does the law work?
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Criminal Law
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Health and Safety at Work etc Act 1974 (HASWA)
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The Management of Health and Safety at Work Regulations 1999
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The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
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These statutes are put in place by parliament in an attempt to stop accidents and injury before they happen
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In criminal law, the State must prove its case ‘beyond reasonable doubt’
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Likely outcomes of a criminal case: Fines Imprisonment
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Civil Law
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People injured by the negligence of others or a breach of statutory duty can seek compensation for harm
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To be successful, the claimant must show that: • the defendant owed the claimant a duty of care • the duty of care was breached • the injury was caused by the breach of the duty of care
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If the employee played a part in the injury, the claim may be reduced due to contributory negligence
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However, if other employees caused the injury, the employer may still be ultimately responsible due to vicarious liability
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In civil law, the claimant must prove its case ‘on the balance of probabilities’
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A decision made by a judge is a precedent, which means that the verdict of this case will apply to similar future cases
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1. Who does the court case focus on? The accused The injured party
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1. Who does the court case focus on?
The accused
The injured party
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2. What is the main source of this type of law? Common law precedence Statute law
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2. What is the main source of this type of law?
Statute law
Common law precedence
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3. Who makes this kind of law? Judges Parliament
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3. Who makes this kind of law?
Parliament
Judges
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4. Who initiates legal proceedings? HSE or Local Authority Anyone affected
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4. Who initiates legal proceedings?
HSE or Local Authority
Anyone affected
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5. What is the most likely outcome for this case? Compensation payouts Fines and/or imprisonment
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5. What is the most likely outcome for this case?
Fines and/or possible imprisonment
Compensation payouts
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6. Who is responsible for proving the case (burden of proof)? The State The claimant
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6. Who is responsible for proving the case (burden of proof)?
The State (subject to health and safety law)
The claimant
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7. What is the burden of proof? On the balance of probabilities Beyond reasonable doubt
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7. What is the burden of proof?
Beyond reasonable doubt
On the balance of probabilities
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8. Normally, how soon must legal action start? Three years Six months
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8. Normally, how soon must legal action start?
Six months for summary offences (but can be extended)
Three years from discovery of harm (but courts have discretion to extend)
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9. What are the main parts of the law that apply? HASWA 1974… Duty of care…
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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
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Help with interpreting and applying the law can be found in the form of: • approved codes of practice • guidance documents • industry specific guidance
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Now that you’ve seen what could happen after a serious accident, what kind of system do you need to put in place to prevent one?
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What are the key parts of a health and safety management system?
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Most health and safety management systems are based around the principle: Policy Planning and organising Implementing and operating Measuring performance Review and continual improvement
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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
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A policy is your commitment to comply with the law and meet your responsibilities
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The next step involves planning for hazards, risks, emergencies and responses
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Then, organise responsibilities, and ensure each worker is capable of fulfilling them
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Then, organise responsibilities, and ensure each worker is capable of fulfilling them
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Implement your policy, planning and organisation by putting it into operation
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The only way you can find out if your plans are working is to measure performance
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For accurate records, performance should be measured both short and long term
Understanding Understandin g your responsibil responsibilities ities
If you find that adjustments are necessary, you may need to review and improve it
Understanding Understandin g your responsibil responsibilities ities
Understanding Understandin g your responsibil responsibilities ities OHSAS 18001 / ISO 14001 Management System Elements
Understanding Understandin g your responsibil responsibilities ities
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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!
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Key learning points: • 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?
Understanding your responsibilities
Key learning points: • 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?
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