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IIRSM Qatar 20th February 2018
Presented by:
Balamurugan A
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Before we start
CROWNE PLAZA SAFETY ORIENTATION VIDEO
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Welcome & Announcements
Welcome to: -
All of our members and visitors, especially those attending for the first time;
Representatives of our sponsor DISS;
Our guest participants: Viv & Roque
Sponsor participants: Robert Wafula
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Agenda 01. Legal Focus – The Law behind the Regulations - Mr. Viv
02. Presentation – 01. Health & Safety Culture – Mr. Robert
03. Lessons Learned – Mr. Viv
04. Networking:
Introductions
Networking Topic – Case Study discussion
05. Presentation – 02. Permit to Work – Mr. Roque
06. Other Business
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Legal Focus
Viv Turner
The Law behind the Regulations Health and Safety Case Law
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The Law behind the Regulations
Tell me and I may forget,
show me and I may remember,
involve me and I will understand.
Confucius
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The Law behind the Regulations
Health and Safety has been around for
centuries – the ‘Duty of Care’ dates back to
at least 1066 (and probably long before
that).
Parliaments/Governing Bodies implement
legislation (and subordinate regulations),
but it is the Judges that interpret their
meaning/objective.
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The Law behind the Regulations
Negligence
The landmark case of Donoghue v
Stevenson (1932) established a number of
elements in Negligence.
A person was injured after drinking a bottle
of ginger beer that contained a slug.
The Court (House of Lords) established: -
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The Law behind the Regulations
Negligence
Negligence is the failure to take care
(through your acts or omissions) not to
damage the person or property of
another.
To prove negligence the following
standard conditions must be satisfied: -
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The Law behind the Regulations
Negligence
• that a duty of care was owed (the neighbour test);
• that the duty was broken;
• that the loss was as a direct result of the breach of
the duty.
It also established the Extent of Duty of Care as
being: -
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The Law behind the Regulations
Negligence
• proximity – how close/far someone is from
the potential hazard/risk;
• reasonableness – the assessment of risk
(magnitude x likelihood);
• foreseeability – could the outcome have
been foreseeable (predicted) by any
reasonable person.
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The Law behind the Regulations
Reasonableness
The landmark case of Paris v Stepney
Borough Council (1951) further defined the
scope of Reasonableness.
A worker with only one eye was blinded by
a rusted metal chip, his employer said it was
not usual to provide goggles for the type of
work the IP was undertaking.
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The Law behind the Regulations
Reasonableness
The Court ruled that: -
• the Duty of Care had been breached by not
providing suitable PPE;
• that the magnitude of risk was greater for
the IP;
• individual needs must be taken account of (think of young persons and pregnant women).
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The Law behind the Regulations
Reasonable Care (employer to employee)
• Wilson & Clyde Coal Co. V English (1938)
• An employee was injured when some plant was
set in motion whilst he was leaving a mine.
Wilson’s & Clyde Coal Co. had employed an
agent responsible for mine safety. The House of
Lords ruled that an employer can delegate
performance but not responsibility and that
employers must take reasonable care to provide
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The Law behind the Regulations
Reasonable Care (employer to employee)
• Wilson & Clyde Coal Co. V English (1938) cont.
• Proper and safe plant and appliances for work
• A safe system of work with adequate
supervision and instruction
• Safe premises (including access and egress)
• Competent staff of fellow employees
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The Law behind the Regulations
Reasonably Practicable
• Marshall V Gotham & Co. Ltd (1954)
• A mine roof collapsed killing a number of men
(including Marshall). The duty to make the roof
secure was not found to be absolute, but a
qualified one “so far as is reasonably practicable”
and found in favour of Gotham & Co.
• Since this ruling courts will not hold that
something is not “reasonably practicable” if it
is shown to be practicable.
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The Law behind the Regulations
Absolute Duty
• Summer & Sons V Frost (1955)
• A worker at a grindstone injured his thumb when it came
into contact with the stone (the guard was not sufficient).
He brought an action against his employer for breach of
a statutory duty to fence dangerous parts.
• The case was appealed and on appeal it was found in
favour of Frost as the court held that the danger was
reasonably foreseeable and there had been no
contributory negligence.
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The Law behind the Regulations
Absolute Duty
• Summer & Sons V Frost (1955) cont.
• It also established that it was an Absolute Duty
to guard dangerous parts of machines and that
where this was not possible use should be
prohibited.
• A secure fence is where the presence of such a
fence make it no longer dangerous to be used.
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The Law behind the Regulations
Absolute Duty
• Summer & Sons V Frost (1955) cont.
• It is enough to show a part to be dangerous by the
mere fact of an accident, the test is that before the
accident that such an outcome was reasonably
foreseeable.
• A part of a machine may be dangerous although it
may only be so to a careless or inattentive
operator.
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The Law behind the Regulations
Absolute Duty
• Uddin V Associated Portland Cement (1965).
• A worker entered into an unauthorised area (to catch a
pigeon) and was injured.
• He took proceeding against the company for breach of an
statutory (absolute) duty to guard dangerous
machinery/parts which was upheld.
• However the company’s defence with regard to his
injury was Contributory Negligence which was also
upheld and 80% of the blame (for the injury)
apportioned to Mr Uddin.
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The Law behind the Regulations
And it still happens…….
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The Law behind the Regulations
And it still happens…….
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The Law behind the Regulations
And it still happens…….
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Legal Focus
The law exists because people have had accident, to try and prevent history
repeating itself
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Legal Focus
Any questions?
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Agenda # 2
Presentation 01 – H&S Culture – Mr. Robert
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Agenda # 3
Local Accident & Lessons Learned – Mr. Viv
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Agenda # 4
Networking
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4a. Timeline Exercise
Volunteers can take 2-3 mintues each topic.
First I will then visit each “decade”, and give you a topic
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Agenda # 5
Presentation 02 – Permit to Work (PTW)
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Agenda 6
Other Business
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(now is the time to raise questions from work)
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Other Business
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Other Business
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Other Business
Oyebande Waheed Takou Evariste Mehboob Reza Ajibade Lateef
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Upcoming Events and Meetings
March 20 (Tuesday) IIRSM Meeting – Crowne Plaza Hotel
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Upcoming Events and Meetings
March 01 Gulf Expo – t.b.d 19-21 International Sustainable Energy Conference - DECC 20 IIRSM Meeting – Crowne Plaza Hotel 25-26 International Conference on Environment – Mercure Grand Hotel
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Upcoming Events and Meetings
2018 28 April – UN World Day for Safety & Health at Work 06-07th MAY – Qatar HSE & Fire Safety Conference - Marriott Marquis City Centre Hotel 05 June – UN World Environment Day
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A Word of Thanks
To our sponsor DISS for support of the branch for the first quarter of this year.
Thanks to Viv, Robert and Roque for their participation
To all of you, our members and visitors, for making the effort to attend and support IIRSM.
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