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A SPECIALLY COMMISSIONED REPORT
NAVIGATING HEALTH
AND SAFETY LAW
Ensuring compliance and
minimising risk
Chris Pope
THOROGOOD
PROFESSIONAL
INSIGHTS
THOROGOOD
PROFESSIONAL
INSIGHTS
A SPECIALLY COMMISSIONED REPORT
NAVIGATING HEALTH
AND SAFETY LAW
– Ensuring compliance and
minimising risk
Chris Pope
Thorogood Publishing Ltd
10-12 Rivington Street
London EC2A 3DU
t: 020 7749 4748
f: 020 7729 6110
e: info@thorogoodpublishing.co.uk
w: www.thorogoodpublishing.co.uk
© Chris Pope 2007
All rights reserved. No part of this
publication may be reproduced,
stored in a retrieval system or
transmitted in any form or by any
means, electronic, photocopying,
recording or otherwise, without the
prior permission of the publisher.
This Report is sold subject to the
condition that it shall not, by way of
trade or otherwise, be lent, re-sold,
hired out or otherwise circulated
without the publisher’s prior consent
in any form of binding or cover other
than in which it is published and
without a similar condition including
this condition being imposed upon
the subsequent purchaser.
No responsibility for loss occasioned
to any person acting or refraining
from action as a result of any
material in this publication can be
accepted by the author or publisher.
A CIP catalogue record for
this Report is available from
the British Library.
ISBN 1 85418 353 2
978-185418353-8
Printed in Great Britain
by Marston Digital
Other Thorogood
Professional Insights
Corporate Governance: Guidance
on accountability requirements
David Martin FCIS FCIPD FIoD
Discrimination Law and
Employment Issues
David Martin FCIS FCIPD FIoD
Effective Recruitment: A practical
guide to staying within the law
Professor Patricia Leighton and
Dr Giles Proctor
Employee Sickness and Fitness for
Work
Gillian Howard
Employment Law Aspects of
Mergers and Acquisitions
Michael Ryley
Strategic Customer Planning
Alan Melkman
Tax Planning for Businesses and
their Owners
Peter Hughes
Waste Management: The changing
legislative climate
Caroline Hand
Special discounts for bulk quantities
of Thorogood books are available to
corporations, institutions, associations and
other organisations. For more information
contact Thorogood by telephone on
020 7749 4748, by fax on 020 7729 6110, or
email us: info@thorogoodpublishing.co.uk
The author
Chris Pope is an active Chartered Member of the Institute of Occupational Health
& Safety with 16 years experience in health and safety and over 30 years in the
construction industry. He also has a role locally and regionally in other health
and safety associations. He manages a small training consultancy and is a
consulting editor for three publications for Wolters Kluwer (formerly Croner)
and has his work regularly published. Chris travels widely advising small to
medium-sized enterprises in chemical, education, engineering, entertainment,
construction and retail.
NAVIGATING HEALTH AND SAFETY LAW
iii
THOROGOOD PROFESSIONAL INSIGHTS
Contents
1 ENFORCEMENT AND INSURANCE 1
Introduction 2
Who are the inspectors? 2
How to respond to a visit from an inspector 3
What are the powers of an inspector? 4
How to respond to enforcement paperwork 5
Insurer’s viewpoint 6
Responding to conditions of insurance 7
A working relationship with the insurer 8
Compensation and civil law 8
Gross negligence and personal responsibility 9
Contributory negligence 10
Constructive dismissal 10
Summary 11
2 DOCUMENTATION 12
Health and safety law 13
Civil law 13
Criminal law 14
The duty of care 14
Finding out about the law 15
Management of Health and Safety at Work Regulations 16
Reasonable forseeability 17
Safe system of work 19
Purchasing 19
Risk assessment 20
Manufacturer’s handbook 21
Maintenance logbook 22
Statutory inspection records 22
NAVIGATING HEALTH AND SAFETY LAW
iv
THOROGOOD PROFESSIONAL INSIGHTS
Pre-use inspection 23
Training 23
Legally required training 24
The lottery 25
Safe employees 26
Example health questionnaire form 26
3 POLICY WRITING 28
A typical policy 29
Arrangements 30
Filling in the detail 33
Golden rules 34
Specialist areas of policy writing 34
Access equipment 35
Charity work 35
Charity volunteers 35
Charity specialist knowledge 35
Charity home visits 36
Charity events 36
Emergencies 36
Employing under 16s 37
Employing under 18s 38
Flexible working including agency and foreign workers 38
Food 38
Horseplay 38
Landlords 39
Machinery 39
Older workers 39
Purchasing 39
Premises including stairs and outside areas 40
Special hazards 40
Training 40
Violence and lone working 40
Women 41
NAVIGATING HEALTH AND SAFETY LAW
v
THOROGOOD PROFESSIONAL INSIGHTS
4 ACCIDENT MANAGEMENT 42
Why have accidents? 43
Reporting and recording 43
Immediate actions 44
First aid 44
Fact finding 45
RIDDOR 47
Immediate reporting 48
Reporting within 10 days of the incident 48
Recommendations 49
5 CONTRACTOR CONTROL AND
CONSTRUCTION SAFETY 50
Definitions 51
Risk transfer 51
Who does what? 51
Selection procedure 52
Small contractors 54
Managing and monitoring the work 54
Completion 55
Construction 55
6 RISK ASSESSMENT AND MEASUREMENT 57
Introduction 58
Occupational health and hygiene 58
Manual handling 59
Repetitive Strain Injury (RSI) 60
Occupational asthma 60
Noise 61
Vibration 61
Stress 62
Chemicals, dusts and vapours 63
Hot and cold and wet working environments 64
NAVIGATING HEALTH AND SAFETY LAW
vi
THOROGOOD PROFESSIONAL INSIGHTS
Fire 64
Legionella 66
Asbestos 66
Slips and trips 67
Process safety 67
Computers 68
Protective equipment and safety devices 68
Traffic management 69
Other risks 70
7 LEGISLATION, INSPECTIONS 72
Main legislation 73
How to arrange for inspections, and their scope and frequency 76
8 THEORY INTO PRACTICE 80
Human error and improving the safety culture 81
Behavioural safety 83
Risk perception 84
Monitoring tools 84
Health and safety committee 85
Inspection 86
Audits 87
Safety tours 87
Reviews 87
The safety bible: HSG 65 88
Permits 89
Safety people 90
Safety organisations 91
NAVIGATING HEALTH AND SAFETY LAW
vii
THOROGOOD PROFESSIONAL INSIGHTS
APPENDIX 93
Choosing a consultant 94
Who does what – some specialists 94
Important reference works 95
Specific risk checklists 95
Catering risk checklist 96
Cleaning checklist 97
Construction risk checklist 98
Engineering workshop checklist 99
Grounds risk assessment checklist 100
Houses of multiple occupation 101
IT department risk assessment checklist 105
Office safety checklist 106
Master hazard checklist 107
Useful websites 108
NAVIGATING HEALTH AND SAFETY LAW
viii
THOROGOOD PROFESSIONAL INSIGHTS
Chapter 1
Enforcement and insurance
Introduction 2
Who are the inspectors? 2
How to respond to a visit from an inspector 3
What are the powers of an inspector? 4
How to respond to enforcement paperwork 5
Insurer’s viewpoint 6
Responding to conditions of insurance 7
A working relationship with the insurer 8
Compensation and civil law 8
Gross negligence and personal responsibility 9
Contributory negligence 10
Constructive dismissal 10
Summary 11
THOROGOOD
PROFESSIONAL
INSIGHTS
[...]... ensure that good training rates can be negotiated and a working relationship established with the training provider Managers who are given safety management responsibilities also need training to understand health and safety requirements and how they relate to their own industry Such training ought also to provide an appreciation of how to promote an active health and safety culture By law safety training... was awarded to him as compensation Manufacturer’s handbook Safety and maintenance information should be readily accessible during the risk assessment process The recommendations ought to guide the employer in establishing a suitable maintenance programme Failure to adequately maintain, and failure to carry out maintenance safely, causes many serious accidents Adherence to manufacturer recommended safe... 25 Safe employees 26 Example health questionnaire form 26 N AV I G AT I N G H E A LT H A N D S A F E T Y L AW Chapter 2 Documentation Health and safety law After receiving training in health and safety some managers become fearful Courses might suggest to them that health and safety prosecutions lurk around the corner for even the most diligent, and that prosecutions generally persecute... is an obvious strategy to adopt Often the nameplates on the machine can become illegible The handbook is a useful place to record relevant data from the machine Lack of a manual, where one was available on initial purchase, indicates lack of a diligent application to safety There are many manuals for old equipment available on the Internet THOROGOOD PROFESSIONAL INSIGHTS 21 N AV I G AT I N G H E A LT... S A F E T Y L AW Documentation guideline 1 Obtain signatures Make sure that individuals mentioned in health and safety documentation sign for the receipt of safety equipment, safety instruction etc This may later be crucial evidence that the employer has discharged his duty of care Criminal law There are many health and safety laws This should be no surprise as there are several thousand HSE employees... criminal and civil courts The criminal courts deal with breaches of the law, while the civil courts deal with establishing if compensation can be offered to injured persons In the case of criminal law, inspectors use the various acts and regulations enacted by National Government to evaluate Health and Safety standards Where compensation is sought, the law will be used by the aggrieved party and the... who are already helping themselves towards compliance The other body that interacts with the employer could be the environmental health and safety department of the local authority Again the general ethos is to put significant effort into nudging the employer towards improved health and safety Who are the inspectors? The exacting standards of health and safety are often clarified through the interpretation... expressed that selection by health is discriminatory Advice from an occupational health specialist or the applicant’s doctor should be sought before making a decision to reject an applicant on the basis of ill health or disability Example health questionnaire form Purpose: To assist ‘the employer’ to make adjustments to risk assessments required by the Management of Health and Safety at Work Regulations and. .. duties placed on them by law How to respond to a visit from an inspector Proceed with caution! The majority of inspectors are reasonable and are hoping to find a well-informed manager They will look at premises, equipment and work practices to check that the manager has properly evaluated them for health and safety Many managers will have obtained documentary evidence of this evaluation process from an external... last couple of decades society has begun to adopt the concept that the cause of injury is always attributable to someone else The Health and Safety at Work Act emphasises a degree of personal responsibility for safety There have been prosecutions taken against individual employees and the self employed who have shown total disregard for statutory safety provisions or who have contravened in-house safety . DOCUMENTATION 12 Health and safety law 13 Civil law 13 Criminal law 14 The duty of care 14 Finding out about the law 15 Management of Health and Safety at Work Regulations 16 Reasonable forseeability. Occupational Health & Safety with 16 years experience in health and safety and over 30 years in the construction industry. He also has a role locally and regionally in other health and safety. the various acts and regulations enacted by National Government to evaluate Health and Safety standards. Where compensation is sought, the law will be used by the aggrieved party and the employer(s)
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