Health & Safety Training

Allen Business ConsultancyMay 2013

Safety, Health & Welfare at Work Act 2005

The 2005 Act sets out:• The requirements for the control of safety &

health at work• The management, organisation and systems of

work necessary to achieve goals• The responsibilities & roles of employers, self-

employed, employees & others• The enforcement procedures needed to ensure

that the goals are met

Employers Duties

• Managing & conducting all work activities so as to ensure the SHW of people at work (including the prevention of improper conduct or behaviour likely to put employees at risk*)

• Designing & maintaining a safe place of work that has safe access & egress, and uses plant & equipment that is safe and without risk to health

• Prevention of risks from the use of any article or substance or from exposure to physical agents**

5 steps to a safer workplace

• Step 1: Identify the hazards• Step 2: Assess the risks• Step 3: Select the control measures• Step 4: Write the safety statement• Step 5: Record & review

1. Identify the hazards

• Definition: “A hazard is anything with the potential to cause harm”

• To manage H & S successfully, employers and employed persons should know what hazards are in the workplace.

Group Exercise:– In your groups, identify & list as many workplace

hazards as you can............

Hazards include....

1. Slips, trips & falls2. Falls of persons from a height3. Falls of material from a height4. Manual handling of loads5. Handling of plant & machinery (exposure to dangerous

moving parts6. Mechanical handling7. Movement of vehicles & Site Transport8. Fire & Explosion9. Use of hazardous substances (toxic / corrosive)10. Use of Compressed air

More hazards...

1. Exposure to harmful levels of noise2. Exposure to radiation3. Hazards associated with electricity4. Exposure to harmful vibration5. Entry into confined spaces6. Unsuitable light levels in the workroom7. Inadequate thermal environment (too hot / cold)8. Work with Visual Display Screens9. Human factors (violence to staff, stress & bullying)

Step 2: Assess the risk

• Having identified the hazards it is now necessary to assess the risks (The likelihood of the harm occurring and the severity of the consequences if it does)

• Categorizing the risk (eg HIGH risk of injury from manual handling, LOW risk of exposure to chemicals) allows you to prioritise the measures to ensure safety.

Step 2: Assess the risk

The risk assessment must:1. Address any significant hazards2. Apply to all aspects of work, and3. Cover non-routine as well as routine

operations (e.g. occasional maintenance tasks)

Step 3: Select the control measures

You must now select the appropriate control measures to eliminate the hazards and, where

that cannot be done, to reduce the risks.

When following this process, you must take account of the General Principles of

Prevention as set out in Section 3 of the SHW at Work Act 2005.

General Principals of Prevention:

1. The avoidance of risks2. Evaluation of unavoidable risks3. The combating of risks at source4. The adaption of work to the individual,

especially as regards the design of places of work, with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing the effect of this work on health

Principles continued.....

1. The adaption of the place of work to technical progress2. The replacement of dangerous articles, substances or

systems of work by safe or less dangerous articles, substances or systems of work

3. The giving of priority to collective protective measures over individual

4. The development of an adequate prevention policy in relation to SHW at Work, which takes account of technology, organisation of work, working conditions, social factors and the working environment

5. Giving appropriate training & instruction to employees

Principle continued....

The principles are “Goal setting” and are based on a recognition that risks cannot always be eliminated. The goal is to eliminate where

possible or reduce the risk using a hierarchy of control, applying the principles in the order

listed in the 2005 Act.

Example of hierarchy of control

• Could the risk be avoided by completely eliminating the need for employees to handle or come into contact with the hazardous substance, its fumes or vapours?

• If this proves impossible, the unavoidable risk must be evaluated to determine the appropriate control measures

• Would the adaption of the process to technical progress eliminate or reduce the unavoidable risks from the use of the hazardous substance?

• If not it may, be possible for example to replace or substitute the hazardous substance with one that is safe or less hazardous

Example continued......

• Collective protective measures such as the use of local exhaust ventilation may be able to control the exposure to an acceptable level

• Finally, where it is not possible to completely control the risk using collective protection, individual protective measures in the form of personal protective equipment (e.g. Respiratory protective equipment) would need to be used

• Using such equipment would require giving training• Control measures must be capable of dealing with

changing circumstances at work

Step 4: Write the safety statement

• The statement must:• List the control measures taken to avoid risks• Name those responsible for implementing &

maintaining the measures• Contain plans to deal with an emergency or

any serious & imminent risks• List the names of the Safety Representatives

The Safety Statement

• The SS must be reviewed and, if necessary amended when there has been significant changes in work practises (e.g. Introduction of new equipment) or when there is reason to believe it is no longer valid (An accident or near miss may prompt this).

• The SS must also be revised within 30 days if directed by an inspector.

• You are required to bring the SS to the attention of your employees in a form, manner or language that is understandable.

• This should be done at least annually, on recruitment or after any significant change.

Step 5: Record & review

• The SS is not a static document to be left in a filing cabinet, it is a management tool to be constantly updated.

• As stated the SS should be reviewed at least annually.

• It is also important that you keep records of risk assessments carried out and any controls put in place.

The role of the competent person

• As an employer you should appoint one or more competent persons to take on lead roles in the management of safety & health.

• “Competent person” means someone who is able to give informed & appropriate advice on safety management.

• The CP should be selected on the basis of their training, experience & knowledge. This may be the employer, someone within the business or in the case of a small business, a mix of internal & external expertise.

“Reasonably practicable”

• ......means “you have exercised all due care when, having identified the hazards & assessed the risks at your workplace, you have put into place the necessary protective and preventive measures, and where further measures would be grossly inappropriate”

Consultation with employees

• Employers must consult with their employees with regard to safety, and to this end employees have the right to elect a Safety Representative.

• In consultation an employer is required to:1. Consult with employees or their SR on any proposed

measures likely to substantially affect their SHW at work.2. Provide SR with results of risk assessments and consult re:

prep of SS.3. Provide other info such as reportable accidents, illnesses or

dangerous occurrences, the names of any competent persons appointed to advise on safety, and preventive measures to be taken to avoid risks.

Consultation continued....

• Refrain from penalising any employee for acting in accordance with H & S laws or for reporting complaints re: H & S at work.

• Recognise that SP’s have various rights including the right to:

1. Inspect the place of work2. Investigate accidents & dangerous occurrences3. Investigate complaints made by employees (after

having given reasonable notice to the employer)4. Time off without loss of pay for training

Safety Rep rights, continued..

1. Accompany an inspector carrying out an inspection of the workplace.

2. Make representations to the employer regarding SHW at work

3. Make representations to and receive recommendations from an inspector

4. Consult & liaise with other SR’s in the same undertaking

Workers duties

1. Comply with relevant laws & protect their own H & S as well as those who maybe affected by their own acts or omissions at work.

2. Not be under the influence of any intoxicant that they could danger themselves or others.

3. Cooperate with their employer with regard to SHW at work4. Not engage in any improper conduct that could endanger their

H & S or others.5. Participate in H & S training offered by their employer.6. Make proper use of all machine, tools & substances and use all

protective equipment7. Report any defects which may endanger H & S.

Other people with dutiesPersons who have control over:• A non-domestic place of work that has been made available to the

employees of another person.• The means of access to or egress from that place of work , or• Any article or substance provided for use at that place of work

(Other than the employees of the person in control)have a duty to ensure, as far as is reasonably practicable, that the place

of work, access to or egress from it, and any article or substance so provided, is safe without risk to health.

E.g. A person in control of an office has to ensure that a window cleaner has safe access and egress, and that any permanent cleaning equipment is safe to use (of course the employer of the window cleaner also has duties of care in respect of their employee)

Other peoples duties continued...

• Manufacturers, importers & suppliers of equipment, machinery, articles or substances used at work have the duty of ensuring the H & S concerning the materials that they produce or supply

• They must also provide information on the correct use of the materials to ensure H & S at work.

• Those who design or construct a place of work must ensure that it is designed & capable of being constructed & maintained without risk to safety & health.

Enforcement

• The Health & Safety Authority (HSA) is responsible for enforcing & promoting SHW at Work.

• In the main, HSA Inspectors give advice & information during the course of an inspection. However, they have a wide range of enforcement powers that are used in appropriate circumstances.

• An inspector may serve a direction for an improvement plan requiring the submission, within one month, of an improvement plan setting out the proposed remedial action for dealing with a specified risk.

Enforcement continued........

• Enforcement notices may be served to deal with a failure to comply with the law.

• An Improvement notice gives a period of time for the matter to be remedied.

• A Prohibition notice requires the immediate cessation of the activity that has created the risk.

• The HSA may also apply to the High Court for an order prohibiting or restricting the use of the place of work.

Enforcement continued.....• Following prosecution, the Courts may impose fines or imprisonment

(or both), depending on the seriousness of the offence.• Cases can be tried in the District Court where the maximum penalty is

€3,000 per charge and up to 6 months imprisonment.• The Circuit Court can impose a penalty of €3,000,000 and up to 2 years

imprisonment.• The HSA also has the authority to publish the names & addresses of

those subjected to a prohibition notice, High Court order or a penalty following a court conviction.

• The 2005 act allows for “on the spot fines” of up to €1,000 for breaches of regulations.

• Directors & Senior managers carry particular responsibilities under the Act if it can be shown that an offence committed by their undertaking was attributable to neglect, connivance, consent or authorisation on their part.

The Safety Management Cycle