Organising for health and safety

The intention of this post is to aide readers in gaining an understanding of the legal and organisational health and safety roles and responsibilities of employers, managers, supervisors, employees and other relevant parties. Also to apprieciate the requirements placed on employers to consult with their employees.

3.1 Legal and organizational health and safety roles and responsibilities

To their employees

The employer has corporate and non-corporate duties of care for employEZes at common law and statute law. These duties are very similar although they are set out in more specific details under the Act.
In essence the statutory duties under section 2 of The Health and Safety at Work etc Act 1974 are that Employers must take all reasonable care to safeguard the health, safety and welfare of their employees. In particular this means providing and maintaining:

• Safe plant and systems of work.
• Safe handling, storage, maintenance and transportation of articles and substances associated with work.
• Adequate selection of employees and thereafter providing sufficient information, instruction, training and supervision.
• Safe places of work including access and egress to and from the workplace
• Safe working environments and adequate welfare facilities.

Implementation

To implement these duties of care employers require having a good safety policy that branches out into management controls such as those specified in element 2 paragraph 3 Organisation and Arrangements.
Duties to others
Employers have statutory duties placed on them under sections 3 and 4 of The Health and Safety at Work etc. Act 1974 towards persons other than employees, That is:

• Contractors who are commissioned to carry out work

Implementation

This duty can be implemented by initially validating contractors as having the skills and resources necessary to carry out the work they will be contracted to do. Thereafter by giving them clear and unambiguous information, instructions within an induction training session to fully understand when on site what is required of them, as well as specific hazards and safety arrangements applicable to them. Thereafter their work should be subject to regular safety monitoring to ensure compliance.

• Visitors to siteor premises

Implementation

All visitors must be signed on and off site, and where reasonably practicable always accompanied by a member of staff. They should be given sufficient and adequate information about the safety arrangements in place including emergency arrangements. It is important for the reception staff to ascertain if visitors have any special needs or requirements in order that these can be embraced in the safety arrangements for the visitor's wellbeing. They should also be informed of specific dangers and safeguards on site and of any restrictions on entry to dangerous areas.

• Self employed personnelwho are contracted for services

Implementation

Self employed, sub-contractors and delivery personnel must all be made aware of the hazards and arrangements that are in place to ensure their safety and the safety of other persons their work may cause danger to.

• Trespassers who come on site (deliberately or inadvertently)

Implementation
This duty requires employers not to deliberately set traps that could injure trespassers. This must also covers children who deliberately or inadvertently stray onto their premises. This also requires where adequate fencing to be in place where danger exists.
If a trespasser fell down an unguarded hole this would be seen in the same light as though it were an employee.

• The general public including the elderly and persons with special needs

Implementation

When dealing with the safety of the public it is important to remember that the public is made up of all types of people such as:

• Children who are extremely inquisitive with no sense of danger
• Elderly people who may be frail and easily confused
• Physically challenged persons, for example, partially sighted, hearing deficiencies, degraded mobility etc.
• Mentally challenged persons, who may not think like others
• People who cannot read
• People under the influence of alcohol or drugs
• Vandals

The last two groups are not only a danger to themselves but can deliberately set out to injure others.

The responsibilities of Directors and Senior Managers

Directors and senior managers require embracing corporate and individual responsibilities for ensuring the safety policy and corporate arrangements made thereunder are integrated into the management structure and arrangements in their departments.
This includes ensuring:

• Adequate financial resources are included in budgets for health, safety and welfare arrangements
• All line managers have been given sufficient information, knowledge and training to understand explicitly their contractual, corporate and personal duties of care when carrying out their job accountabilities
• That personal appraisals specifically considers accountabilities for health, safety and welfare issues

The responsibilities of middle managers and supervisors

Middle managers and supervisors must fully understand and be committed to ensuring health, safety and welfare matters are adequately and timeously dealt with as an integrated part of activities in their sphere of operation.
This includes ensuring:

• All staff under their jurisdiction are competent and diligent in carrying out their duties in a safe manner and within the framework of instructions and guidance given in training and company practices and procedures
• That compliance with duties of care is praised and non-compliance adequately dealt with
• That accidents and near miss incidents are recorded and given due care and consideration and where necessary action invoked to avoid recurrences
• That pro-active and reactive monitoring is carried out to identify any non-conformances to or of the management system with appropriate action taken

The health and safety practitioner, 'appointed person/s' and similar persons with primary health and safety functions

In each case such persons must have sufficient and satisfactory knowledge and personal skills to be able to carry out their functions in a proper manner.
The functions of such persons are to give reasonable, logical and competent advice and assist all personnel in the organisation, particularly directors and all line managers by helping to facilitate and coordinate health, safety and welfare issues in a satisfying manner.

All employees

All employees include everyone from the most senior executive to the most recent addition to staff. Obviously, the more senior the person, the more accountability and responsibility are placed on them.
Sections 7 and 8 of The Health and Safety at Work etc, Act 1974 places duties on all employees to:

• Take all reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.
• Co-operate with their employers to meet legal obligations.
• Neither intentionally nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.

These duties have been extended and detailed by Regulation 14 of the Management of Health and Safety at Work Regulations 1999.

In practice this requires

Employees under these Regulations to notify their employer, or those they appoint to assist them with health and safety matters (for example, the company safety practitioner), without delay of any work situation that might present a serious and imminent danger. Employees should also notify any shortcomings in the health and safety arrangements, even when no immediate danger exists, so that the employer can take r medialaction if needed.

Persons in control of premises

Landlords or persons in control of premises are required by section 4 of the Health and Safety at Work etc. Act 1974 to ensure the means of access and egress is safe for those using their premises.
Section 5 of the 1974 Act relates to emissions of noxious or offensive substances into the atmosphere.

Duties of self-employed persons

Section 3(2) of the Health and Safety at Work etc, Act 1974 imposes a duty on self-employed persons 'to conduct his business in such a way as to ensure so far as is reasonably practicable that he and no other persons who may be affected by his acts or omissions are not unduly exposed to risks to their health and safety'.
These duties are similar to those imposed on employers with the provision they do not require a written safety policy.

Duties of those involved in the supply chain

Section 6 of the Health and Safety at Work etc, Act 1974 imposes duties upon designers, manufacturers, importers, installers and those who hire out plant and equipment to ensure, so far as is reasonably practicable, that the articles or substances for use at work are safe when being properly used.

Implementation

This section of the act imposes duties on all those involved in the supply chain that provides articles and substances to be used at work.
Sufficient research and tests must be competently carried out to validate and ensure substances and articles for use at work are safe when being 'used' in the widest sense; that is used in a reasonably foreseeable and responsible manner. Research and tests can be carried out in-house provided the expertise and independence from business pressures are present. An independent competent authority can also carry out the research and test requirements.
Information about the use to which an article or substance was designed, including any necessary conditions of use to ensure health and safety, must be supplied with the article or substance.
Anyone installing an article for use at work must ensure so far as is reasonably practicable, that nothing about the way it is installed or erected makes it unsafe or a risk to health when properly used.
Manufacturers must ensure quality controls are in place to ensure compliance with design criteria. Importers are legally responsible for the validity of imports.
Hirers of plant and equipment must ensure the plant is in good working order and complies with all statutory requirements.

Relationship between client and contractor

It is important when contractors are working on site that there is a mutual exchange of information and requirements in both directions.

1. What the client requires from the contractor

• The contractor conforms to certain safety requirements including provisions for protecting the client's employees and the public from hazards associated with the work to be undertaken. In order to enforce these requirements it is important to spell them out in the contract documents, (this makes them binding), otherwise they are merely loosely enforced agreements.
• The contract should also require the contractor to put in place a safety management system that the client reserves the right to monitor at random.
• Under no circumstances should a company undertake superv1s1on of the contractor's employees. The usual procedure would be to point out matters of safety to the contractor's site manager so that he can exercise control.

2. What the contractor requires from the client

The contractor should request information about:

• Any latent hazards on site that may not be commonly considered or easily identified or appreciated.
• Any special restrictions on working hours or other requirements that must be taken into account during the contract.
• Security arrangements.
• Delivery arrangements for plant machinery and other supplies.
• Arrangements for the siting of storage and site offices.
• Any shared welfare facilities that may be available.
• Accident and incident protocols (for example the various notification to whom etc.).
• A named client contact person who will be the liaison person for the duration of the contract.

Shared responsibilities in joint occupation of premises

Where there is joint occupation of premises it is imperative that co-ordination and co-operation takes place between the parties concerned. Having the property managed or factored by an externalagency is a good way of dealing with this.
In this way each occupant is responsible for their part of the premises and the factor, or property manager, arranges for building services, welfare arrangements, jointly used parts of the building and security arrangements to be maintained in good order.
The factor or building manager would hold regular meetings with the occupants to discuss any relevant matters including emergency arrangements and evacuation drills.

3.2 . Consultation with employees

Rights of employees

The Safety Representative and Safety Committee Regulations 1977 provided a set of entitlements to consultation to nominees (safety representatives) of recognised independent trade unions. They gave the right to safety representatives to make a number of inspections, to consult with the employer and to receive information on health and safety matters. The Regulations also provide for training, time off with pay to carry out the functions of safety representation and the right to require the employer to form a safety committee subject to certain requirements.
The Health and Safety (Consultation with Employees) Regulations 1996 apply in organisations that have employees not represented by trade unions. They require employers to consult with their employees on matters that affect, or could affect, their health and safety.
Basically they give the same·rights to non-union personnel as those given to trade union members by the previous Regulations. In some instances they expand or reinforce previous duties.

The duties of employers

The duty of employers is to consult with employees in good time on matters relating to their health and safety at work.
NB. 'In good time' means consultation so that the employee's views can be taken into account before decisions are taken.

In particular consultation regarding

The introduction of any measures at the workplace that substantially affect the health and safety of employees.
NB. The employer must provide enough information to allow employees to understand:

• What the likely hazards and risks arising from their work or changes to their work are.
• The measures in place or about to be introduced to deal with the hazards/risks.
• What employees ought to do when encountering hazards/risks including what to do in an emergency?
• The employer's arrangements for the appointment, or nomination, of persons to assist in carrying out risk assessments under the Management of Health and Safety at Work Regulations 1999.
• Any healttl and safety information the employer requires to provide under relevant statutory provisions. For example, the written safety policy and arrangements.
• The planning and organisation of any health and safety training the employer is duty bound to provide under statutory provisions.
• The health and safety consequences for employees from the introduction of new technologies into the workplace.

Note: Information and instruction are what is required to be given during training while consultation is the necessity to listen and take account of the views of employees. This latter requirement may take the form of appointing safety representatives and a safety committee

Employers have a choice on how to consult

For example:

• Consult through one or more freely elected representatives of the workforce.
• If no elected representatives are appointed, consult directly with the employees
• NB What matters is that employees, or their appointed representatives are made aware of:
• When their views are being sought regarding health and safety issues.
• Their rights to take part in discussions on all questions relating to their health and safety.

Safety representatives are entitled to:

• • Adequate training (in-house or external).
• • Time off with pay to carry out their functions, or to attend training.
• • Adequate facilities to allow them to carry out their functions.
• • View specific documentation which concerns health and safety issues. Information need not be given to safety representatives on matters that:
• • Personal health or medicalrecords of specific individuals
• • Information regarding national security
• ·· • ·Information not related to health arid-safety issues
• • Where the information would contravene a statutory prohibition imposed on the employer
• • Information obtained by the employer in connection with court proceeding
• • Information that could damage the employer's business interests.

Complaints against the employer concerning refusal to provide or allow time off for training and for not paying for that time are both heard by an Employment Tribunal

Functions of representatives

Safety representatives have functions to:

• Make representations to the employer on hazards and incidents affecting his constituents' health and safety.
• Receive information from the HSE.
• Investigate potential hazards and incidents affecting those they represent.
• Investigate complaints by those they represent.
• Carry out inspections of the workplace subject to the agreement of the employer.
• Attend meetings of a safety committee (if there is one and they are a member of the committee).

Safety Committees

A Company must form a safety committee when requested to do so by two or more recognized trade union appointed safety representatives.
Safety committees should be made up of a number of union appointed safety representatives plus where appropriate a number of elected non-union safety representatives and appointed representatives of management.
An important feature in setting up a safety committee is to draw up a clearly defined constitution and remit and to discuss these with safety representatives. This way, there is no misunderstanding as to what the committee will be doing and everyone knows the ground rules before they start.

Two main features of the constitution should be:

• To clearly define the role of the safety committee as being one of an advisory nature to line management.
• To ensure that the committee does not become bogged down looking at 'things' but rather at areas where the normal day to day management is not coping, or managing non-conformances in working conditions or practices.

For example, the committee should identify all deficiencies as being one of two non-conformances, i.e. either a non-conformance to the management system (someone is not doing the right thing) or, alternatively, a non-conformance of the management system (where the management system does not cope).
Whilst we all accept that accidents are caused by people, we often find, by observing the minutes of
Safety Committee meetings, that the committee is too concerned with 'things' that are wrong and not people's attitudes.
If, therefore, the committee looks at 'things' but observes these as indicative of attitudes, then it will be much more effective in assisting to develop a good safety culture within the organisation.

The following items are important in the operation of a safety committee:

• The committee members should be given adequate training in the job they are doing and also information regarding how the committee will operate. By doing this in advance, we will deal with issues before they become emotive
• Safety committees should meet on a regular basis.
• Members of the committee should be identified to the workforce in order that they may be communicated with.
• Members of the committee, in small groups, should carry out sliced safety audits and report their findings back to the main committee.
• The committee should consider accidents and near-miss incidents which could have resulted in serious injury and recommend to the company action, where action could be taken, to prevent a recurrence.
• The committee should review and consider any new legislation or court actions relevant to the company's business.
• The committee should keep minutes and distribute them as required as soon after the meeting as possible.

The committee should work to a formalised agenda. This could be standardised as follows:

1. Opened by the Chairman
2. Attendancetaken
3. Apologies
4. Minutes, as distributed, approved
5. *Any other competent business (this would be added below at item 10)
6. Agenda approved
7. Business arising from minutes
8. Safety report by the company
   (NB: this could be by the Safety Advisor of the company and could include accident statistics, reports and actions taken to avoid recurrences etc.)
9. Correspondence, including reports from sliced audits, new legislation, complaints made by employees to safety representatives, applicable court cases or from sub­ committees appointed by the committee.
10. Any other business (added from item 5 above)
11. Date of next meeting
12. Close of meeting

* By asking for any other business.early in the meeting it:

• Makes members think about things they wish to bring to the committee before they come to the meeting, rather than just re-acting to business as it is discussed.
• Allows the chairperson to allocate time for important items rather than 'other business' beif!g added as the meeting progresses.

It is also recommended that the company safety advisor chair the safety committee.This is because:

• As safety advisor they can be seen to be neutral and independent.
• It takes a senior manager away from the position of making instant decisions.

Remember:

'OUR SECOND THOUGHT ABOUT ANYTHING TENDS TO BE BETTER THAN OUR INSTANT ONE'

The proper structure and use of a safety committee will ensure effective relations between management and staff through their Safety Representatives.