peter adams health and safety - responsibilities and the universitys approach
TRANSCRIPT
Peter Adams
Health and Safety -Responsibilities and the University’s Approach
Aims
• To understand the responsibilities for the
implementation of health and safety.
• Explain how the University manages health and
safety.
• Guide you to sources of information and
assistance.
• Provide the opportunity for your questions on all
aspects of health and safety
Personal Responsibility – Duty of Care
You must take reasonable care to avoid acts or
omissions which you can reasonably foresee would
be likely to injure another person.
A successful claim requires the claimant to show:
• That they were owed a duty of care;
• That there was a breach in that duty of care, and;
• That the breach led to the damage.
Personal Responsibility – Duty of Care
• If you are acting as an individual in a private matter
this duty of care rests with you.
• Normally, but not always, household or motor
insurance will provide cover but this is not always
the case.
• Vicarious liability - the employer takes the
responsibility for your action.
Health and Safety at Work Act 1974
Section 2(1)
• It shall be the duty of every
employer to ensure, so far as is
reasonably practicable, the
health, safety and welfare at
work of all his employees
Equipment, Articles & Substances
6. (1) It shall be the duty of any person who designs,
manufactures, imports or supplies any article for
use at work to ensure, so far as is reasonably
practicable, that the article is so designed and
constructed as to be safe and without risks to
health when properly used;
Personal Responsibilities
7. It shall be the duty of every employee while at work
to take reasonable care for the health and safety of
himself and of other persons who may be affected
by his acts or omissions at work; and …
Personal Responsibility
… as regards any duty or requirement imposed on his
employer, to co-operate with him so far as is
necessary to enable that duty or requirement to be
performed or complied with.
Implementation at the University
• For the UoB the "employer" is the University
Council, the responsibility for HS&W cascades
through the organisation.
• Simple to implement in a hierarchy, but in
Universities "line management" is often not
recognised.
• But the law applies & Council expects the duty to
be met by all.
Ordinance 10
The head of an academic department shall be
responsible to the dean for the following:
(b) academic leadership in the department
(e) the quality of education and educational support
for students in the department
(g) management, development and support for all
departmental staff
(j) health and safety in the department
HASAWA Section 7
Duty of the employee to take
reasonable care for themselves
& others, due to their acts or
omissions, to co-operate with the
employer
• e.g. Barrow-in-Furness
HASAWA Section 37
Liability of Individuals
Where an offence committed by a
body corporate is proved to have
been committed with the consent
or connivance of, or have been
attributable to any neglect on the
part of a senior manager, he as
well as the body corporate shall be
guilty of that offence.
Ordinance 28
Misconduct
a) Conduct which constitutes a criminal offence…
k) Action likely to cause injury or impair safety on
University premises, or infringement of University
Health and Safety policy
l) Negligence which causes or might cause
unacceptable loss, damage or injury
u) Failure to comply with a reasonable request or
instruction from an appropriate person
Risk Assessment
The cornerstone of health and safety management
Those who create the risks must assess and control
them to acceptable levels
Regulations require:– Risk Assessments to be ‘suitable and sufficient’.– The effort put into the assessment must be
commensurate with the risk from the activity.– Risk assessment must be recorded
Role of the Health and Safety Office
Supporting and enabling work to take place.
• Policy development
• Specialist Advice to all
• Monitoring
• Accident Investigation
• Auditing
• Enforcement
What if it all goes wrong?
What if it all goes wrong?
You are not alone, If you need advice or assistance
Please ask
Peter Adams, Liz Greaves, Andy MacQuiban,
Jill Brain, Richard Norris, Tony Butterworth,
Simon Golding
0117 92 x88780