Accident Investigation Presentation

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    ACCIDENT

    INVESTIGATION

    &REPORTING

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    Fire Precautions

    Fire Precautions :-

    If continuous alarm sounds leave the building by the nearest exit

    Report to the tutor at the assembly point

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    INTRODUCTION

    Tea / coffee facilities

    Toilets

    No smoking

    First aid / fire

    Mobile phone / pagers

    Trainee introductions

    Please ask questions at any time

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    OVERALL AIMS

    An understanding of the process andpurpose of investigating incidents

    Remember : Includes ill health as well asinjury accidents

    An understanding of the legal and

    organisational requirementsfor recording and reporting

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    2003/04 Statistics

    235 fatalities

    159,809 RIDDOR reported injuries

    An estimated 2.2 million people sufferingfrom an illness caused or made worse bytheir current or past work

    An estimated 39 million working days lost -30 million due to ill health & 9 million dueto injury

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    The Reporting of Injuries,Diseases and dangerous

    Occurrences Regulations(RIDDOR) 1995

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    Whats the point of RIDDOR?

    HSE/EHO need to know about the moreserious accidents, diseases anddangerous occurrences at work so they

    can perform their statutory role.

    They can analyse where and how risksarise and then investigate/enforce.

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    What needs to be reported? Death or major injury:

    employee or a self-employed person working onyour premises is killed or suffers a major injury(including violence), or;

    a member of public is killed or taken to hospital

    Over-3-day-injury: employee/self-employed off work, or incapacitated

    for normal work for more than 3 days;

    Disease: doctor notifies you of reportable work-relateddisease;

    Dangerous occurrence: categories of near-misses.

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    The Reporting of Injuries, Diseases and

    Dangerous Occurrences Regulations

    (RIDDOR) 1995 Reportingprocedures cover:

    fatalities and major

    injuries incapacity to work

    for more than threedays

    specified diseases

    dangerousoccurrences2.1

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    RIDDOR

    Covers:

    employers

    employees self-employed

    trainees

    other people injured onpremises

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    RIDDOR

    Major injuries include:

    fracture of: skull, spine, pelvis

    arm, leg, wrist, ankle

    amputation through any bone

    loss of sight (temporary or

    permanent

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    RIDDOR

    Major injuries(continued):

    certain eye injuries

    electric shock requiring attention

    unconsciousness through lackof oxygen

    acute illness due to exposure tocertain materials

    hospitalisation for more than24 hours

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    RIDDOR

    Reportable occurrences:

    structural collapses

    fires and explosions

    release of gases or other dangeroussubstances

    failure of breathing apparatus while in use

    scaffold collapse

    contact with or arcing of overhead cables

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    RIDDOR

    Reportable diseases:

    any disease listed in theregulations as reportable

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    Social Security Act 1975 andRIDDOR

    Every accident involving personal injury to anemployee must be entered in the accidentbook by:

    the employee, or

    someone acting on behalf of the employee

    The accident book must be kept accessible.

    An employer must investigate all accidents reported

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    Reporting to enforcingauthorities

    Since 01 April 2001, you can report accidents andoccurrences to the Incident Contact Centre by:

    telephone

    fax e-mail

    post

    Reporting accidents and occurrences direct to the localHSE Office, on Form F.2508 or F.2508A, is stillacceptable.

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    Report to enforcing authorities

    F.2508 must be sent to the enforcingauthorities in cases of:

    injury at work resulting in more than three consecutivedays incapacity

    death of an employee within one year of sustaining areportable injury

    a reportable disease when diagnosed by a registeredmedical practitioner

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    RIDDOR: Answers

    Details of employee injury (normal

    working Monday to Friday 8.00 am to 5.00pm)

    Days off work Hrs in hospital Tick if RIDDOR applies

    1 Sprained arm(put on light duty

    with 5 days offnormal job)

    1 day Nil

    The light duty counts as 5 daysoff work

    2 Broken arm30days 4 hrs

    Any fracture but not toes andfingers

    3 Broken finger 1 day 3 hrs No

    4 Broken finger 4

    days

    3 hrs This is because of more than3 days off work

    5 Dermatitis 1 day Nil Only if confirmed by doctor

    6 Sprained ankle on Thursday,returns to work on Tuesday

    2 daysNil

    4 days not available for work(includes Sat and Sun)

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    RIDDOR: Answers

    Details of employee injury (normal workingMonday to Friday 8.00 am to 5.00 pm)

    Days off work Hrs inhospital Tick if RIDDOR applies

    7 Amputation of finger 2 days 6 hrs

    Any amputation

    8 Vibration white finger nil nil Only if confirmed by adoctor

    9 Twisted ankle 4 days nil 3 days or more off work

    10 Twisted ankle 1 days 3 hrs No

    11 Electric shock (not unconscious) 2 days nil No

    12 Electric shock (unconscious) 2 days 25 hrs Unconscious-ness

    13 Electrical fault causing fire but workshop outof use for only 24 hours

    N/A N/A

    14 6 metre high scaffold collapses N/A N/A Over 5 metreshigh

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    Accident/Incident Investigation

    RIDDOR only requires reporting ofincidents etc.

    No explicit legal requirement in any H&Slegislation to investigate - therefore WHYDO IT?

    ?

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    ?

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    Accident/Incident Investigation

    HSW Act states - employers mustensure.the health, safety and welfare of

    employees... etc.

    Reactive monitoring - to prevent the sameor similar from happening again

    Review/revise risk assessments andassociated H&S documentation/workingpractices

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    Are you learning

    the lessons?

    ?

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    Do you investigate incidents &

    accidents in your company?

    Do you do it well?

    Do you find the underlying causes?

    Do you take corrective action?

    Do you review your risk assessments as a

    result?

    Do you do it?

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    Accident Investigation Law

    Explicit legal duty to investigate accidents

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    29

    HSE on Accident Investigation 1999

    Most accidents are not investigated safety specialists lead rather

    than line managers

    effort determined by severity of the injuryrather than potential of the event

    little employee involvement

    if line managers do investigate, little trainingin investigation skills and techniques

    immediate technical causes only

    contd

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    Integrated approach to accident investigation and riskassessment

    ie it should be integrated but usually isnt!!

    from HSE CD169/2001

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    Integrated approach to accident investigation and riskassessment

    ie it should be integrated but usually isnt !!

    from HSE CD169/2001

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    Team based investigation

    RoSPA study - best practice

    led by senior managers

    involving employees, includingsafety representatives

    supported by OS&H professionals acting

    as facilitators

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    Team based investigation

    Local knowledge, especially operational

    Building of trust;

    Creates workforce 'champions' for H&S;

    Check on safety management standards

    Investigation of lower risk safety issues isimportant in creating a positive climate for more

    structured investigation when major safetyfailures occur.

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    Humane

    Prevent suffering and maintain quality of life

    No-one should be expected to risk life andlimb in return for a contract of employment

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    The true cost of an accident

    To the victim:

    pain and suffering extra cost, less income

    continued disability

    incapacity for job and other activities the effects on others

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    The true cost of an accident

    To those responsible:

    worry and stress

    recrimination and guilt extra work

    a) reports

    b) staff replacement loss of credibility

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    Is good health &

    safety goodbusiness?

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    The true cost of an accident

    To the firm:

    lost working time

    a) the victim

    b) others

    damaged equipment

    insurance costs

    prosecution or civilaction

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    We recognise the importance of costing

    loss events as part of total safetymanagement. Good safety is goodbusiness

    Dr. J Whiston, ICI Group SHE Manager

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    Safety is, without doubt, the most crucial

    investment we can make, and thequestion is not what it costs us, butwhat it saves.

    Robert McKee, Chairman Conoco (UK) Ltd.

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    Prevention is not only better, but cheaper

    than cureProfits and safety are not in

    competition. On the contrary, safety atwork is good business.

    Basil Butler, MD British Petroleum plc

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    We saved 750,000 on insurance

    premiums through improving oursystematic management of health andsafety.

    Birse Group plc

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    Accident Costs Iceberg

    Uninsured Costs

    Insurance Costs

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    Insurance Costs

    Employers Liability

    Public Liability Product Liability

    Motor Vehicle

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    Uninsured Costs

    Product and material damage Lost production time

    Legal costs

    Overtime & temporary labour

    Investigation time/Administration

    Supervisors time

    Fines

    Loss of expertise/experience

    Loss of morale

    Bad publicity

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    Grangemouth

    BP refinery fire in 1987

    One person died

    Cost 50 million in property damage

    Cost further 50 million due to businessinterruption

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    HSE Example

    Small engineering firm (15 workers)

    Workers sleeve caught on rotating drill

    Both bones in lower arm broken

    12 days in hospital

    Off work for 3 months

    Admin duties for 5 months

    Unable to operate machinery for 8 months

    Managing Director Prosecuted

    2 employees made redundant to prevent

    company going out of business

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    Costs to Company

    Wages for injured worker over period =

    Lost production/remedial work required =

    Overtime wages to cover lost production =Wages for replacement worker =

    Loss of time of manager/MD =

    Legal expenses =

    Fines and court costs =Increase in Insurance Premiums =

    10000

    8000

    30007000

    4000

    3000

    40006000

    Total cost to business = 45000

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    Costs of slips and trips in GB

    To the individual

    Lost income, pain, reduced quality of life

    To employers over 500m p.a.Damages, admin. and insurance, lost

    production, temporary absences

    To society over 800m p.a.Loss of potential output, medical costs, social

    security.

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    What contributes to the slip /trip risk?

    Floor

    Environment

    Slip/tripPotential

    Contamination

    Obstacles

    People Footwear

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    Unsafe people

    Unsafe conditions

    Accidents

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    Some common causes

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    Some common causesof accidents

    Not using:

    guards, scaffolds, platforms, etc.

    Ignoring or disregarding:

    warning signs

    statutory notices

    Untidiness or carelessness

    Horseplay

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    Safety in the workplace requires

    Safe systems of work and goodorganisation

    Good defect reporting and maintenance

    arrangements

    Careful, safety-based work planning

    The correct tools and equipment for the jobin hand

    contd

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    Safety in the workplace requires

    Knowledge of, and compliance with, safetylaw

    Adequate information, training, instructionand supervision

    Common sense and a mature attitude

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    Reporting accidents

    An accident book should beavailable in all work situations

    The Reporting of Injuries,Diseases and DangerousOccurrences Regulations 1995

    reportable injuries

    three days or more off work

    certain listed injuries

    No report: no proof

    no future safeguard

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    THE LAW AND

    HEALTH & SAFETY

    Oberon: This is thy negligence - thou mistakest orelse commitst thy knavery wilfully

    Shakespeare

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    UK legal system

    By HSE or LA

    Leads to afine/imprisonment

    Not insurable

    Criminal

    By injured person

    Leads to award ofdamages

    Must be insured

    Civil

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    EXERCISEYou are going to work by bus. You buy a ticket (a

    contract with the bus co). During the journey,

    the driver collides with another vehicle and you

    suffer minor cuts and bruises. By the timeeverything is sorted out, you are very late forwork. You sprint from the bus stop and trip

    over a paving stone,breaking your arm.

    Who is, if anybody,

    is liable for your injuries?

    COMMON & STATUTE LAW

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    COMMON & STATUTE LAWCommon law is unwritten being derived from local & customary

    laws and the decisions of judges but is nevertheless binding

    It evolves continuously as precedents are established

    decisions of a lower court can be overturned by a higher court

    Statute law is passed by Parliament, approved by the Sovereign &is written (published law)

    It takes precedent over all other forms of Law (Common Law)etc

    Some Statute law is derived from decisions of the European

    Union (Directives etc)

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    NEGLIGENCE

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    NEGLIGENCE Donoghue v Stevenson (1932)must take reasonable care

    to avoid acts/omissions which you can reasonably foreseewould be likely toinjure your neighbour

    This duty of care is owedto people who are closely &directly affected by your acts/omissions (e.g. employers,

    employees, contractors, visitors, suppliers)

    defences against actions include: no duty owed, duty notbreached, breach did not lead to damage, risk accepted

    voluntarily,contributory negligence

    Bradford vs Robinsons Rentals (1967): employer liable

    for reasonably foreseeable frostbite injuries to B

    SAFE SYSTEM OF WORK

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    SAFE SYSTEM OF WORK

    Wilson & Clyde Coal v English 1938Aleading case which established anEmployers duty of care towards

    employees Masters duty to a Servant

    Safe premises

    Safe plant & equipment

    Competent fellow workers

    Adequate supervision

    (cf Health & Safety at Work etc Act)

    BREACH OF STATUTORY

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    BREACH OF STATUTORYDUTY

    Damages can be recovered if it can be proved thatloss occurred because of the defendants failure tocomply with a statutory requirement

    May be easier to prove than negligence, especiallyif the breach has been established by a criminalprosecution

    Main defences: duty not breached, injured partynot protected by statute, harm not of type statutedesigned to protect, contributory negligence

    Some statutory duties are absolute

    VICARIOUS LIABILITY

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    VICARIOUS LIABILITY

    Employers are vicariously liable for theactions of their employees provided thatthe employees were acting in the

    course of their employment (sometimeseven if the activity was expresslyforbidden)

    Limpus vs London Omnibus Co. (1862)Employer Liable for accident caused bynegligent employee

    DUTIES OF EMPLOYEES

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    DUTIES OF EMPLOYEES

    Employees may also be sued. They have aduty to:

    - To carry out duties with reasonable care

    - To avoid loss to Employer

    (cf Health & Safety at Work etc Act)

    NB. Employers not liable for activities that do

    not form part of employees employmentservants frolic of his own

    Storey v Aston (1869) Employer not liable foraccident caused during unauthorised detour

    REASONABLE PRACTICALITY

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    REASONABLE PRACTICALITY

    Edwards v National Coal Board (1949)Risk must beinsignificant in relation to sacrifice (time, effort & expense):NCB claimed unsuccessfully that it was not reasonablypracticable to shore up all mine roads

    Marshal v Gotham & Co (1954) If something is practicable,courts will not lightly hold that it is nor reasonablypracticable

    Adsett v K&L Steelfounders & Engineers Ltd (1953) Thestandard of practicality is that of current knowledge

    not having sufficient resources is no excuse for inaction

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    DEFENCE OF NECESSITY

    A defendant may claim that his/her actionsarose from necessity (e.g. to prevent a

    more serious accident) ESSO Petroleum Co v Southport

    Corporation (1955) A captain of an oil

    tanker jettisoned oil in bad weather tosafeguard the crew: ESSO convinced thecourt that this was a necessary act and notnegligence

    CONSENT:VOLENTI DEFENCE

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    CONSENT: VOLENTI DEFENCE

    Volenti non fit injuria: cannot expect redress ifyou consent to an act likely to result in injury orloss

    Cutler v United dairies (1933) Cutler failed to

    recover damages after being injured trying torestrain a bolting horse: it was held he consentedto the risk

    Haynes v Harwood (1935)A policeman was able

    to recover damages after being injured restraininga bolting horse: he had a legal duty to protect life& property and was not held to have consentedwillingly to the action

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    OCCUPIERS LIABILITY

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    ACTS (1957 & 1984)

    Duty of reasonable care to lawful visitors(invitees, licensees, contractors & those witha right under law)

    Need to ensure premises are reasonablysafe. Dangerous defects must be repairedand warning notices displayed as necessary

    Should expect children to be less carefulthan adults

    Common Law duty not to cause trespassers

    intended harm

    TRESPASS: CASE LAW

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    TRESPASS: CASE LAW Tichener v British Railways Board (1984)

    BRB not liable for injuries to teenage girl hitby a train even though fence was notmaintained (Girl frequently & willingly took

    risk) British Railways Board vs Herrington (1972)

    BRB liable for injuries to a 6-year old childwho had strayed onto the line

    Bird vs Holbrook (1828) Landowner liable forinjuries to a trespasser caused by a springloaded gun (trespasser unaware of risk)

    THE WOOLF PROTOCOL

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    THE WOOLF PROTOCOL

    Lord Woolf (the Lord Chief Justice) drewup a Personal Injury Pre-action Protocolaimed at simplifying & streamlining claim

    procedures Claims must proceed to a strict timetable

    Defendants must investigate claims &

    disclose relevant documents within thetimetable

    If the protocol is not complied with, Courts

    may impose tough sanctions

    CRIMINAL COURTS (E&W)

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    ( ) All criminal cases are first dealt with by Magistrates Courts.

    these can try summary offences and can commit people

    accused of indictable offences (& commit people forsentencing) to the Crown Court.

    The Crown Court tries Indictable offences. Trial is before aJudge (with a Jury in contested cases. Can also hear appeals

    from Magistrates Courts.

    The High Court of Justice hears appeals from Magistrates &some appeals from Crown Courts.

    The Court of Appeal (Criminal Division) hears appeals fromCrown Courts it can amend or reverse decisions or remit casesto lower courts

    The House of Lords is the ultimate court of appeal

    HEALTH & SAFETY AT WORK

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    ETC ACT 1974 (HSAWA)Section 2: duty to ensure, so far as is reasonably practicable

    the health safety & welfare of employees

    safe workplace & safe working practices

    information, training & supervision

    adequate welfare facilities

    health & safety policy

    safety representatives & committees

    Section 3: employers to conduct undertakings so as to ensureso far as is reasonably practicable that persons not in hisemployment are not exposed to risks to their health & safety

    HSAWA - (ii)

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    HSAWA (ii)

    Section 4: duty of those in control of premises to

    non-employees

    Section 6: duties of manufacturers & suppliers(includes provision of safety information)

    Section 7:duty of employees to take reasonablecare for their health & safety and that of othersaffected by their acts/ omissions and to co-operatewith employer

    Section 8:no person to intentionally/ recklesslyinterfere with or misuse anything provided for health,safety or welfare

    Section 9:no charge to employees for H&S items

    HSAWA (iii)

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    HSAWA - (iii)

    Section 36:where the commission of anoffence is due to the default of another

    person - that person shall be guilty of theoffence

    Section 37:Directors are responsible (as

    well as the body corporate) for offencescommitted with their consent/connivance orattributable to any neglect on their part

    HEALTH & SAFETY

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    HEALTH & SAFETYREGULATIONS

    Made under the Health & Safety at Work etcAct 1974

    Often required by European Directives

    Consultative Documents issued by Health &Safety Commission

    Signed by the Secretary of State

    Laid before Parliament Have coming into force (CIF) dates

    Most may be cited in breach of statutory

    duties actions (but not HSAWA or MHSWR)

    REGULATIONS !

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    REGULATIONS !Management of H&S at Work * Workplace Health,

    Safety & Welfare * Working time * Provision & Use ofWork Equipment * Personal Protective Equipment atWork * Display Screen Equipment * Manual Handling

    Operations * Safety Signs & Signals * PressureSystems * Electricity at Work * First Aid at Work *

    Control of Substances Hazardous to Health * Controlof Asbestos at Work * Genetic Modification (Contained

    Use) Regulations * Dangerous Substances &Explosive Atmospheres * Ionising Radiations *Genetic Modification * Reporting of Accidents,

    Incidents & Dangerous Occurrences

    MANAGEMENT OF HEALTH &

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    SAFETY AT WORK REGULATIONS

    Assessment of risks

    planning, organisation, control monitoring &review

    health surveillance competent H&S personnel

    emergency procedures

    information & training

    co-operation with other employers

    employees to follow instructions &reportserious dangers/shortcomings

    WORKPLACE HEALTH, SAFETY

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    ,& WELFARE REGULATIONS

    Maintenance,ventilation, heating & lighting

    Cleanliness & waste materials

    Space

    Workstations, floors & traffic routes

    Measures to prevent falls or falling objects

    Windows, skylights & ventilators

    escalators, walkways, doors & gates toilets, washing facilities, drinking water

    Facilities for changing, resting & eating

    PROVISION & USE OF WORK

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    PROVISION & USE OF WORKEQUIPMENT REGULATIONS

    Work equipment suitable for use

    maintained in good repair

    information, instruction & training

    machine guarding

    precautions against specified hazards

    controls, isolation, stability, lighting markings & warnings

    mobile work equipment & power presses

    CONTROL OF SUBSTANCES

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    HAZARDOUS TO HEALTH

    REGULATIONS Risk assessment

    elimination or control of risk maintenance of equipment

    environmental monitoring

    health surveillance emergency procedures

    information, instruction & training

    APPROVED CODES OF

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    PRACTICE

    ACOPs are prepared by the Health & SafetyCommission

    Although they are not laid before Parliament, theyhave a legal status

    They set out how Regulations may be compliedwith

    You do not have to follow the ACOP but if you donot you may have to prove that you complied with

    the Regulations by other means

    ENFORCEMENT OF H&S LAW:

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    ENFORCEMENT OF H&S LAW:POWERS OF INSPECTORS (HSE

    etc) Entry to premises

    Involvement of police

    Make necessary examinations & investigations

    To direct premises are undisturbed

    To take photographs, measurements & samples

    To order plant to be dismantled

    Require witness statements

    Inspect documents etc

    HSE ENFORCEMENT POLICY

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    HSE ENFORCEMENT POLICY

    See HSE Enforcement Policy Statement Proportionality:relating enforcement to

    how far the duty holder has fallen short oflegal requirements

    Targeting: concentrating on the mostserious risks

    Consistency: taking a similar approach insimilar circumstances

    Transparency: telling duty holders what isexpected of them

    NOTICES & PROSECUTION

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    NOTICES & PROSECUTION

    A Prohibition Notice prohibits an activity (e.g. use of adangerous machine)

    An Improvement Notice requires improvements (usually

    within a time scale) Organisations can appeal against notices to an Industrial

    Tribunal

    The HSE names and shames offenders

    Enforcing Authorities can prosecute offenders for breaches

    of HSAWA or Regulations made under HSAWA

    MAX PENALTIES UNDER HSAWA

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    MAX PENALTIES UNDER HSAWA

    Failing to comply with an Improvement/ ProhibitionNotice:

    Lower court 20,000 and/or 6 months in prison

    Higher court unlimited fine and/or 2 years in prison Breaches of sections 2-6 of HSAWA

    Lower court 20,000; higher court unlimited fine

    Breaches of regulations etcLower court 5,000; upper court

    unlimited fine

    R v ASSOCIATED OCTEL

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    A contractor working for AO suffered severe burns

    when a lamp broke setting fire to solvent vapours The contractors company was prosecuted under

    Section 2 of HSAWA (duty to employees)

    AO was convicted under Section 3 of HSAWA(duties to others)

    AO appealed on the grounds that the work of thecontractors was not part of AOs undertaking

    The appeal went all the way to the House of Lordsbefore finally being dismissed: the work was part of

    AOs undertaking and they had a duty to ensure the

    H&S of the contractors

    CORPORATE

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    MANSLAUGHTER

    A company cannot have a criminal state of mind

    At present, a company can only be convicted ofmanslaughter if the Controlling mind is first proved

    guilty

    This is normally only possible with very smallcompanies

    R v OLL Ltd (1994) following the death of 4 childrenon a canoe trip OLL fined 60K & the managingdirector jailed

    Changes in the law are imminent

    Legal Requirements

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    Health & Safety at Work etc Act 1974

    Management of Health & Safety at WorkRegulations 1999

    Failure to comply is a criminal act

    Employers CANNOT insure against failureto comply

    Section 2

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    Section 2

    Section 2(1) - employers general duty

    Duty to ensure so far as is reasonablypracticable, the health, safety and welfare atwork of employees and any others who may beaffected by the undertaking.

    Legal Standards

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    Legal Standards

    Reasonably Practicable or SFARP

    Implies a weighing up of the risk against the cost

    (in terms of time, money or trouble) of preventingor controlling the risk

    Section 2 (cont )

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    Section 2 (cont.) Provision of such information, instruction,

    training and supervision as is necessary toensure , SFARP, the health and safety at work

    of employees and any others who may beaffected.

    Section 2 (cont )

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    Section 2 (cont.)

    Duty of Employers to Employees cont. 2.2a - safe plant and systems of work

    2.2b - safe use, handling, storage andtransportation of articles and substances

    2.2c - information, instruction, training andadequate supervision

    2.2d - safe place of work and a safe means of

    access and egress 2.2e - safe working environment and adequate

    welfare facilities

    Section 7

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    Section 7

    Duty of Employees at WorkIt shall be the duty of every employee whilst at

    work:-

    to take reasonable care of their own health andsafety and of any other person who may beaffected by their acts or omissions

    to co-operate with their employer so far as isnecessary to enable that employer to meet theirrequirements with regards to any statutoryprovisions

    S ti 21

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    Section 21

    Improvement NoticesIf an inspector is of the opinion that a person:-

    is contravening one or more of the relevant

    statutory provisions; or has contravened one or more of those statutory

    provisions, in circumstances that it is likely thatthe contravention will continue or be repeated,

    then he will issue an Improvement Notice.

    S ti 22

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    Section 22

    Prohibition NoticesIf any activity is being, or is about to be, carriedout that could result in serious personal injury,

    then an inspector may issue a ProhibitionNotice. This notice will cause the immediatecessation of the activity involved until allmeasures are rectified.

    Enforcement

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    Enforcement

    The HSE can take legal action against anemployer/employee in a criminal court for H&Sfailures:

    Unlimited fine and/orCustodial sentence

    (Remember - you cannot insure against failure tocomply with H&S legislation)

    If guilty = criminal record

    British Justice

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    British Justice

    INNOCENT

    until proven

    GUILTY

    beyond

    ALL

    REASONABLEDOUBT

    Civil Litigation

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    Civil Litigation

    Provides for compensation to be paid topersons who suffer harm as a result of awork activity.

    Can insure - Employers Liability InsuranceBurden of proof is NEGLIGENCE

    Proof is on the balance of probabilities

    Effectively guilty until you prove yourinnocence

    Reportable

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    Reportable

    Reporting of:

    Injuries (accidents & incidents)

    Disease

    Dangerous Occurrences

    (Regulations)

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    Why investigate?

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    It is a reactive element in monitoringphase of your safety managementsystem: Eliminate the causes and underlying

    causes to prevent a recurrence; Identifying safety management lapses by

    examining shortfall between what you planto happen and what did happen;

    Identify trends and patterns for futureprevention;

    Evaluates organisations position in relationto potential breaches of law.

    Why investigate?

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    Accident Reporting &I i i

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    Investigation

    Objectives for this section:

    to understand:

    accident definitionaccident causation

    accident costs

    accident prevention

    accident reporting/notification

    accident investigation

    Accident Reporting &I i i

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    Investigation

    Common Uninformed Comments

    accidents just happen

    we dont have many accidents safety is expensive

    the insurance will pay

    safety is just common sense

    Accident Reporting &I i i

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    Investigation

    Accident Definitionwhat is an accident?

    unplanned & uncontrolled event that led to, orcould have led to:

    injury to persons, damage to property/plant/equipment,impairment to the environment or some other loss to thecompany

    Accident Reporting &I ti ti

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    Investigation

    Accident Definition

    accident types

    minor dangerous occurrence

    near miss

    plant/equipment damage

    minor injury

    lost time injury

    disablement/fatality

    Accident Reporting &I ti ti

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    Investigation

    Accident Definition

    Frank Bird (Accident Triangle)

    600 near misses

    30 property damage

    10 minor injuries

    1 serious injury (lost time or fatal)

    THE ACCIDENT

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    THE ACCIDENT

    BASIC TYPES OFACCIDENTS

    THE ACCIDENT

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    THE ACCIDENT

    MINOR ACCIDENTS:

    Such as paper cuts to fingers or dropping

    a box of materials.

    THE ACCIDENT

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    CC

    More serious accidents that cause injuryor damage to equipment or property:

    Such as a forklift dropping a load orsomeone falling off a ladder

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    THE ACCIDENTNEAR MISS

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    NEAR-MISS

    Also know as a Near Hit

    An accident that does not quite result in

    injury or damage (but could have).

    Remember, a near-miss is just as serious

    as an accident !

    THE ACCIDENT

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    ACCIDENTS HAVE TWO THINGS IN

    COMMON

    THE ACCIDENT

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    They all have outcomes from the accident

    THE ACCIDENT

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    They all have contributory factors thatcause the accident

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    environment

    personal fault

    unsafe act

    unsafe condition

    accident

    injury/damage

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    causal factors

    individual

    job

    organisation

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    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    causal factors

    job

    task

    workload

    equipment

    controls

    proceduresenvironment

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    causal factors

    organisation

    culture

    leadership

    resources

    work patterns

    communications

    ACCIDENT CAUSATION MODELS - 1

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    ACCIDENT

    INVESTIGATE PROCESS AND OUTCOMESTEERED BY INVESTIGATORS PRE-CONCEPTIONSOF CAUSATION

    CONCLUDE PRIMARY CAUSE IS EITHER:

    UNSAFE ACT, or; UNSAFE CONDITION

    DEVISE A RULEFORBIDDINGBEHAVIOUR

    DEVISE A TECHNICALSOLUTION

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    Kings Cross Fire (1987) - 31died

    discarded cigarette

    accumulation of rubbish

    poor cleaning regime

    wooden escalator

    failure of fire fighting equipment

    lack of emergency training poor safety culture

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    Herald of Free Enterprise (1987) - 189 died

    failure to close bow doors

    no checking/reporting system

    commercial pressures

    internal friction

    disease of sloppiness

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    Clapham Junction (1988) - 35 died & 500 injured

    signal failure

    incorrect maintenance

    degradation of working practices

    training problems

    communication problems

    poor supervision excessive working hours

    failure to learn lessons

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    Piper Alpha (1988) - 167 died

    maintenance error

    inexperience

    poor maintenance procedures

    communications breakdown

    permit to work system fault

    safety procedures not practised

    Accident Reporting &Investigation

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    Investigation

    Accident Causation

    Automotive Supplier (1999) - 1 died

    poor safety culture

    lack of guarding

    lack of training

    poor perception of risk

    no safe systems of work

    no risk assessment programme no effective accident system

    no communication

    OUTCOMES OF ACCIDENTS

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    NEGATIVE ASPECTS

    Injury & possible death

    Disease Damage to equipment & property

    Litigation costs, possible citations

    Lost productivity Morale

    OUTCOMES OF ACCIDENTS

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    POSITIVE ASPECTS

    Accident investigation

    Prevent recurrence Change to safety programs

    Change to procedures

    Change to equipment design

    The Aim of the Investigation

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    The key result should be to prevent arecurrence of the same accident.

    Fact finding: What happened?

    What was the root cause?

    What should be done to prevent recurrence?

    The Aim of the InvestigationIS NOT TO:

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    IS NOT TO:

    Exonerate individuals or management.

    Satisfy insurance requirements.

    Defend a position for legal argument.

    Or, to assign blame.

    Accident Reporting &Investigation

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    Investigation

    Accident Costs

    insured costsuninsured costs

    Accident Reporting &Investigation

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    Investigation

    Accident Prevention

    reasons

    humane

    economic

    legal

    Accident Reporting &Investigation

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    Investigation

    Accident Prevention

    control measures

    safety procedures/work instructions

    adequate training

    effective communications

    good housekeeping

    guards/safety devices/warning signs

    adequate working environment regular safety inspections

    risk assessment

    Accident Reporting &Investigation

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    Investigation

    Accident Reporting/Notification

    internal report form

    HSE RIDDOR report

    injury claim requirement

    Accident Reporting &Investigation

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    Investigation

    Accident Investigation

    reasons

    identify root causes

    identify faults

    identify corrective/preventative action

    prevent recurrence

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    THEINVESTIGATION

    Objectives

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    Recognise the need for an investigation

    Investigate the scene of the accident

    Interview victims & witnesses

    Distinguish fact from fiction

    Determine root causes

    Compile data and prepare reports

    Make recommendations

    ACCIDENTS & ILL HEALTHREASONS FOR INVESTIGATION

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    REASONS FOR INVESTIGATION

    to record what happened RIDDOR legal reporting requirement

    compensation claims/insurance to find out what & why it happened

    immediate causes (What)

    underlying causes (Why)

    to prevent recurrence the next incident could be more serious

    Traditional approach to accidentinvestigation

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    investigation

    Safety management has concentrated onaccident investigation as it is a good dealeasier than proactive prevention

    Key features: Search for the primary cause, and

    Debate whether the primary cause was

    and unsafe act or unsafe condition

    HEINRICH'S TRIANGLE( )

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    300

    29

    1 MAJOR INJURY

    MINOR INJURIES

    NON-INJURY INCIDENTS

    (1950)

    Accident causation

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    First accident model was Heinrich (1931).Domino theory

    Social environment Fault ofperson

    Unsafe Act

    Unsafe condition

    Accident Injury

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    HSE Guidance on accidentinvestigations [HSG 65]

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    Need for line managers to take responsibilityfor investigation;

    need for adequate training for investigators;

    importance of investigating both accidentsand other incidents and near-misses - esp.those with potential for serious injury;

    need to deal with immediate consequences atscene by treating, helping and rescuingpersons and making site safe;

    contd

    investigations [HSG 65]

    HSE Guidance on accidentinvestigations [HSG 65] contd

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    investigating to appropriate depth, depending on itsseriousness; guidance on investigation process to investigators,

    including: structured approach

    appropriate use of observation, documents andinterview evidence; use of model to guide collection of evidence and its

    assembly for evaluation need to explore immediate and underlying causes

    developing specific objectives for implementingfindings

    need to record essential data

    Attending the accident scene

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    OBSERVE

    Look at the scene and the surrounding area Take measurements and produce a diagram

    Take photographs

    INTERVIEW

    The injured person and/or witnesses(preferably separately)

    At the scene if possible(within 48 hours)

    Note down beforehand some key questions to beanswered - CHECKLIST

    Ask open-ended questions in a friendly manner

    KEEP AN OPEN MIND (be aware of your bias)

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    Statements

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    Introduce yourself (if necessary)and explainyour role what needs to be done

    Invite safety rep or another person they would

    like to sit in, but not answer questions If trainee under 18 years, interview with an

    adult, preferably a parent

    Run through your questions and what theywitnessed and make notes to help structure astatementEach persons summary

    A modern approach

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    Immediate causes and underlying causes HSG65

    Accidents are Multi-causal

    Understanding of the complexities ofhuman factors

    Understanding of management systems

    Promotion of a safety culture

    HS(G)65 Appendix 5Immediate causes (what)

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    Immediate causes (what)

    4 Ps Premises

    Plant/Substances

    Procedures

    People

    Premises

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    Physical layout Condition of building

    Environment (weather)

    Tripping & slipping hazards

    PLANT/SUBSTANCES

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    Machinery guarding Substance in usetoxic, harmful

    Mobile plant

    Item of work equipment hand tools,chairs

    PROCEDURE

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    Written system of work/operatingprocedure to be followed

    Safety Policy

    Work instruction Quality standard

    Custom and Practice does not have to

    be a document

    People

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    Human factors State of health (eye sight)

    Abilities

    Errors skill based (slip or lapse), rulebased, knowledge based or violations

    Behaviour pressures, culture

    Underlying causesRoot causes (Why)

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    ( y)

    5) Planning

    6) Risk Assessment

    7) Control(Supervision)

    8) Co-operation

    9) Communication

    10) Competence

    11) Monitoring 12) Reviewing

    HSG65 APPENDIX 5

    IMMEDIATE CAUSE UNDERLYING CAUSE

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    PREMISES

    PLANT AND

    SUBSTANCES

    PROCEDURES

    PEOPLE

    PLANNING

    ASSESSING

    RISKS

    1.

    2.

    3.

    4.

    5.

    6.

    7.

    8.

    9.

    10.

    11.

    12.

    ORGANISATION

    CONTROL

    ORGANISATION

    CO-OPERATION

    ORGANISATION

    COMMUNICATION

    ORGANISATION

    COMPETENCE

    MONITORING

    REVIEW

    Hazards

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    IdealReality

    Management

    Arrangements

    RCS

    WorkplacePrecautions

    Underlying

    Causes

    ImmediateCauses

    Hazards

    Accident

    Essential data in investigation reports

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    Details of injured person - age, sex,experience and training, etc;

    Description of circumstances - place, date,

    time and conditions; Details of the event - actions leading directly

    to event/ direct injury causes;

    Underlying causes;

    contd

    Essential data in investigation reports

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    Details of outcomes: nature of injuries, ill-health, losses;

    severity of harm;

    immediate management response and its adequacy;

    First-aid response;

    Potential consequences:

    what was the worst that could have happened?

    What prevented it from happening? How often could it recur and how many affected?

    Accident investigationNotified of accident

    S d f

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    Scene made safe

    Collect facts to answer 5 Qs: What, when, where, who, how?

    By: 1. observation 2. documentation 3. interviews

    Refer to relevant standards for comparison:[a] legal or good practice, and;[b] safety management plan.

    Analyse differences between what happened and what should have happenedto identify causes and underlying SMS lapses

    Target report atdecision-makers

    Feed into monitoring/review stages of SMS forvalidation/verification comparison

    Follow-up to implement necessary changesto SMS plan AND site

    Accident Reporting &Investigation - team

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    g

    Accident Investigation

    investigation team

    supervisor

    safety rep

    engineer

    manager

    safety officer

    Accident Reporting &Investigation - objectives

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    g j

    Accident Investigation

    investigation objectives

    establish chain of events

    identify root causes

    identify faults

    identify corrective/preventative action

    Accident Reporting &Investigation - techniques

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    g q

    Accident Investigation

    investigation techniques

    attend promptly

    ensure medical attention

    leave scene undisturbed

    take photographs/sketches

    take measurements

    take samples gather documentation

    interview witnesses

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    Accident Reporting &Investigation - report

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    Accident Investigation

    investigation report

    identify team

    summarise consequential events identify root causes

    describe other weaknesses

    identify corrective/preventative action

    allocate responsibility & timescale

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    Working together

    improving safety

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    What are you doingto involve your

    workforce?

    What is workforce involvement?

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    Involve the workforce as equal partners Actively seek their views

    Value their positive contribution

    Enable effective involvement in all areas ofH&S management

    Be ready to change things and challengeprevious management practices

    Nurture, support and sustain the partnership.

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    Do you shape up?

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    Are employees involved in long term H&S Are workers involved in writing safe working

    procedures?

    When accidents are investigated are safety repsfully involved?

    Do H&S audits include safety reps as well asmanagers?

    Where is all this from?

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    HSE booklet HSG217 Involving employeesin health and safety

    Aimed at the chemical industry but should

    apply to everyone Does it apply to you?

    Health and Safety

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    Health and Safety

    Management

    Safety Representatives

    Safety Officers

    And Safety Committees

    Members and Meetings

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    All work areasshould berepresented

    Members should beinterested,concerned and willing to learnmore about h&s

    Willing to meet oncea month and tocommunicate withworkers

    Meetings discussworkers concerns

    Possible solutions

    Approaches tomanagementnegotiations

    Ongoing concerns

    and progressreports to union

    Functions of Committee Conduct regular inspections and

    surveys on safety and health

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    surveys on safety and health

    Respond to workers concerns on OHS

    Make reports and recommendationsto improve compliance with law andstandards

    Propose policies, work plans, projectsand activities to reduce accidents and

    illness

    Propose and organise trainingprogrammes for the workforce

    Functions of Committee

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    Promote and support activities on OHS

    Follow up progress of proposals

    Report on results achieved, point out

    obstacles and problems Investigate, record and report on all

    accidents, ill health and near misses

    Propose regulations on health andsafety

    Organise occupational health services

    What makes a committee work?

    Have a plan and objectives and actively pursue

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    Have a plan and objectives and actively pursue

    them with the broadest support possible

    Communicate and educate to get that support

    Need facilities, time off, info and training

    Agendas in advance, proper minutes, decisions

    If union reps make coherent proposals in writing:describe the problem, include the facts; suggestimprovements; decide who will do what; timetableand budget.

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    PLANNING

    Building Partnerships

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    POLICY

    ORGANISATION

    PLANNING

    MEASURING

    AUDIT &

    REVIEW

    commitment

    agreed goals

    leadershiprespect forlegitimateinterests

    shared vision

    positiveculturechange

    openness

    transparency

    trust

    honesty

    Partnership

    building

    blocks

    H&S

    management

    system

    HSG65

    This is what you need to do

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    Involve the workforce as equal partners

    Actively seek their views

    Value their positive contribution

    Enable effective involvement in all areas ofH&S management

    Be ready to change things and challenge

    previous management practices Nurture, support and sustain the partnership.

    If you do that

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    We will genuinely be working together

    You will be improving H&S

    The workers will be healthier and safer

    You will be financially healthier and safer

    it works !

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    For attendingthis course

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