IOSH MANAGING SAFELY
Preventing Accidents & Incidents in the Oil & Gas Sector
in partnership with
TOBY CLARK BSc FIOSH
AIEMA MCot Cert Ed
IOSH MANAGING SAFELY
MODULE 1
Welcome
Introductions
Outline of the course
Resources
Learning outcomes
Assessment
Abbreviations
Health and Safety Foundations
Relevance of Health and Safety in the
workplace.
Why should organisations manage Health
& Safety?
Health and Safety?
Moral/Humanitarian
Legal
Criminal
Punishment
Civil
Compensation
Financial - < 6% of
GDP
(Gross Domestic
Product)
Health and Safety Definitions
Health
Safety
Welfare
Occupational or work
related ill-health
Environmental
protection
Accident
Near Miss
Dangerous
Occurrence
Hazard and Risk
World Legal Systems
Civil Law
Common Law
Customary Law
Muslim Law
Mixed Legal
Civil Law System
Written legislation- systematic codification
Differing cultural forms
Takes its heritage from Roman Law
Also influenced by Napoleonic System
Principles - about rights of the individual
Common Law Systems
Case Law pre-eminent
English influenced cultural forms
Principles - about rights of the individual
Customary Law Systems
Wisdom born of experience
Spiritual or philosophical traditions
Revolves around personal conduct
Mostly absorbed into mixed systems
Muslim (Islamic) Law Systems
Autonomous
Religious in nature based on the Koran
Tends to be limited to personal/family status
Mixed Legal System
Made up from two or more elements of
the preceding systems
Usually has reasonably well defined
fields of application
International IOSH Course, Country
of participation - Legal System
Qatar
Discretionary system
of law controlled by
the Emir
Islamic Law
dominates family and
personal matters
Some civil codes are
being implemented
World Legal Systems
Principles of Law
CIVIL LAW
SETTLES DISPUTES
BETWEEN
INDIVIDUALS.
Seeks to protect the
individual citizen
CRIMINAL LAW
SETTLES DISPUTES
BETWEEN THE
STATE AND
INDIVIDUALS.
Seeks to protect
society
Civil Law
Civil Law is concerned with TORT
A Civil Wrong
OR
Unintended Harm
Exists to compensate
The individual (claimant) brings the case
on the Balance of Probabilities
Duties of Care
Negligence
Based on the principle of the Duty of
Care
Employers main areas of responsibility
SAFE PLANT
SAFE SYSTEMS OF WORK
SAFE PREMISES
COMPETENT PEOPLE
Civil Negligence
Claimant must establish...
Duty of care owed to him/her by the
employer
Duty of care breached
Injury or loss resulted due to the breach.
Common Law Defences
No duty owed
No breach of the duty
Injury but not directly as a result of the
breach . . .
Voluntary acceptance of the risk(volenti)
Contributory negligence
Vicarious Liability
Vicarious liability is based upon the fact
that if an employee whilst acting in the
course of employment negligently
injures another
The employer rather than the employee
will be liable for that injury.
Criminal Law
Mainly Statute Law based
Created by Governments
It is the Written Law of the Land
Breach of Criminal Law constitutes a CRIME
Exists to punish by Fines/Imprisonment
Concerned with Statutory Breach
Prosecution prosecutes Defendant
Beyond Reasonable Doubt
Levels of Statutory Liability
ABSOLUTE
-Shall/ Must-There is No Choice
SO FAR AS IS PRACTICABLE
-If its possible in the light of current of current
knowledge and invention it must be done.
SO FAR AS IS REASONABLY
PRACTICABLE
-Risk v Cost,Time and Trouble
Health, Safety and Environmental
Laws
Normally made under Criminal Law
Principles may also be incorporated into
legal binding contractual arrangements
Important National Health and
Safety Law
1970 United States of America introduce new
legal regime known as the Occupational
Safety and Health Act (OSHA) which is
essentially prescriptive and is still in use
1974 United Kingdom introduce the Health
and Safety at Work etc. Act (HASAWA) which
is essentially proactive (based on the
achievement of reasonably practicable)
and is still in use
Important National Health and
Safety Law
1980s European Union starts to issue more
specific rules in the form of directives
Each member state has to comply by
incorporating directives into their own legal
system
This has resulted in UK legislation such as
the Management of Health and Safety at
Work regulations
European Courts
European Court of Justice
Highest court in the European Union
Deals with community law and its
interpretation.
Hears cases of breaches of community law by
member states.
European Court of Human Rights
Deals with human rights and fundamental
freedoms
International Labour Standards
The International Labour Organisation (ILO) founded
in 1919 is a UN body with a number of functions
One of these is to establish and maintain international
standards on labour and social issues (health, safety
and environmental)
They are in the form of Conventions and
Recommendations
Guidance material is also available in the form of
codes of practice, guidelines and reference manuals
Web site reference is www.ilo.org./public
International Labour Standards
ILO documents fall into four categories
Guiding policies for action
Occupational Safety and Health Convention,
1981 (No.155) and Recommendation (No.164)
employers responsibility to make work and
equipment safe and without risks to health, and
the rights and duties of workers
List of Occupational Diseases Recommendation
(2002) gives list of occupational diseases and on
the recording and notification of occupational
accidents and diseases
International Labour Standards
Protection in given branches of
economic activity
The Safety and Health in Construction
Convention 1988, (No.167) and
Recommendation (No.175) contains basic
principles and measures to promote safety
and health of construction workers
International Labour Standards
Protection against specific hazards
and risks
The Chemicals Convention 1990,
(No.170) and Recommendation (No.177)
an international attempt to improve
national measures and standards from
labeling and classification to control of all
aspects of chemical use
International Labour Standards
Measures of Protection
Maternity Protection Convention 1919,
(No.3) last revised 2000, (No.183)
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A recent document of interest was
Guidelines on Occupational Safety and
Health Management Systems (2001)
International Labour Standards
Labour Inspection
has been a goal of the ILO since its founding
The Labour Inspection Recommendation, 1923 (No. 20)
The Labour Inspection Convention, 1947 (No. 81)
The Labour Inspection (Agriculture) Convention,1969 (No. 129)
Each member state should endeavour to have its
own properly resourced inspectorate that can
effectively :
identify new areas for action
supply technical information and advice
secure the enforcement of legal provisions
International Health and Safety
Standards
ISO 9000 series - quality
ISO 14000 series - environment
OHSAS 18000 series - health and safety
Regulations
Made under full force of law, known as
Secondary or Delegated Legislation.
Regulations update (detail) Conventions/Acts
Changes ILO/EU Directives into State Law
Made for a specific purpose
Construction
Work equipment
Display Screen Equipment
Approved Codes of Practice (Acops)
Codes of Practice (Cops)
Acop :- Official guidance on how to comply with
Regulations at work. (Quasi-Legal status)
If you dont follow Acop YOU HAVE TO PROVE
that your way was just as good!!
Cop :- Guidance from an Internationally/Nationally
recognised organisation suggesting industry best
practice e.g. British Standards Institute (BSI)
Guidance Notes
Guidance Notes contain;
Practical advice
Sound suggestions
More informative than codes
Legal status? (UKs EH40 Threshold limit values
for substances used or occurring at work)
Again based on industry best practice normally
at a national level
ILO C155 Occupational Safety and
Health Convention, 1981
PART II. Principles of National Policy (Articles 4-7) :
Supervision
Working time
Training
Communication
Co-operation
Protection of workers or their representatives from
disciplinary measures as a result of actions properly
taken by them in conformity with National policy
ILO C155 Occupational Safety and
Health Convention, 1981
Part IV. Action at the level of the undertaking (Articles16-21)
Employers shall be required to ensure that, so far as is reasonably
practicable
workplaces, working environments, tools, machinery and
equipment, chemical, physical, and biological substances
and agents and work processes under their control are safe
and without risks to health
adequate protective clothing and equipment is provided
where two or more employers are working at the same time in
one workplace that they collaborate in applying health and
safety requirements
provisions, where necessary, to deal with emergencies and
accidents, including adequate first aid arrangements
ILO C155 Occupational Safety and
Health Convention, 1981
Part IV. Action at the level of the undertaking (Articles16-21)
continued :There shall be arrangements at the level of the undertaking under
which
workers co-operate with employers
representatives of workers co-operate with employers in the field
of occupational health and safety but must not give away
commercial secrets
workers and their representatives are given appropriate training
and able to enquire into all aspects of safety and health
associated with their work and shall be an essential element of
the organisational set up of the undertaking
occupational safety and health measures shall not involve any
expenditure by the work force
Effective Health, Safety and
Environmental Policies
Policy
Organising
Auditing
Planning and
Implementing
Measuring
Performance
Reviewing
Performance
The 5 CS of HSE management
C
C O-OPERATION
C OMMUNICATION
C OMPETENCE
ONTROL
C
Consider: People, Process, Plant,
OMMITMENT
Premises
Safety Policy
General Statement of Intent
Commitment to Health and Safety signed by the
BOSS
Aims and Objectives
Safety
Compliance with Legal Requirements Welfare
Relationship with the workforce
Health
Commitment to regular Review
Brought to the attention of all staff
Sets direction for
the organisation
Safety Policy
Effective health, safety and environment policies
contribute to business performance by:
supporting Human resource development
minimising the financial losses which arise from avoidable
unplanned events
recognising that accidents, ill health and incidents result from
failings in management control
recognising that the development of a culture that is supportive
of health safety and environment is necessary to achieve
adequate control over risks
ensuring a systematic approach to the identification of risks and
the allocation of resources to control them
supporting quality initiatives aimed at continues improvement
Organisation
People and their
Responsibilities
People by name or
job title
Responsibilities
clearly laid out for
everyone
Consultation
methods
Health and Safety
monitoring
Training and
Information
Health Surveillance
Planning/Implementing
Planning is essential for the implementation of HSE
policies. Adequate control of risks can only be
achieved by co-ordinated action by all members
of the organisation. Effective planning systems
require organisations to establish and operate
management systems that
Controls risks
Reacts to changing demands
Sustains a positive HSE culture
Measuring Performance
Measurement is essential to maintain and
improve HSE performance:
Active systems which monitor the
achievement of plans and the extent of
compliance with standards
Reactive systems which monitor accidents,
ill health and incidents
Effective procedures are needed to capture
both sorts of information
Auditing and reviewing performance
Organisations can maintain and improve their
ability to manage risks by learning from
experience through the use of audits and
performance reviews
Audit controls - Like any process, there needs to be
controls to ensure that an audit is applied rigorously and
consistently. An unreliable system may lead managers to
lose confidence in its relevance and validity
Reviewing performance - will need to examine
the operation and maintenance of the system as
designed and the design, development and
installation of the HSE management system in
changing circumstances
Some useful UK addresses
NEBOSH
Dominus Way, Meridian Business Park,
Leicester LE19 1QW, England
Website: www.nebosh.org.uk
IOSH
The Grange, Highfield Drive, Wigstone,
Leicestershire, LE18 1NN, England
Website: www.iosh.co.uk
HSE
Website: www.hse.gov.uk
