OSH5063EP(PRS3607) Workplace and Work Equipment Hazard. The Introduction to Health and Safety Legislation

Transcription

1 OSH5063EP(PRS3607) Workplace and Work Equipment Hazard The Introduction to Health and Safety Legislation 1

2 Background For more than a century health and safety legislation for persons at work in the UK had developed a piece at a time, each piece covering a particular class of person and not in a consistent manner each time. Separate legislation with variations in details and in the methods of enforcement would apply to a process or requirement when undertaken in a factory, as opposed to an office, a mine or a quarry. 2

3 Background The principal Act affecting the particular groups of person, usually on the basis of the kind of premises in which they worked, was supplemented by regulations. 3

4 Background The Act and its regulations would be enforced by a particular inspectorate (e.g. factory inspector, mine inspectors, quarries and local authority inspectors for offices and shops) Any breach of the appropriate legislation could lead to a prosecution by an inspector which in turn could lead to a fine usually imposed on the company or other organization rather than an individual. 4

5 Background On the whole, legislation tended to look to the protection of plant and equipment as a way of preventing injuries to workers. However, visitors, contractors, neighbours and other third parties were mainly ignored in the drafting of these earlier Acts and regulations. 5

6 Robens Report By 1970 many organizations, especially the trade unions, were questioning whether the existing legislation was either sufficient or effective in providing proper protection for work people. 6

7 Robens Report A committee was set up under the chairmanship of Lord Robens to look at safety and health at work. After studying the whole problem in depth the committee reported in 1972 making many recommendations of a wide ranging nature. 7

8 Robens Report Replace the mass of existing safety legislation with one Act applying generally to all persons at work. Replace the mass of detail with a few simple and easily assimilated precepts of general application. Change methods of enforcement so that prosecution is not always the first resort. 8

9 Robens Report Ensure that occupational safety should also protect visitors and the public. Place more emphasis on safe systems of work rather than technical standards. Actively involve the workers in the procedures for accident prevention at their place of work. 9

10 Robens Report The main recommendations of the Robens Committee were accepted by Parliament and were incorporated in the Health and Safety at Work etc. Act 1974 (HSWA). 10

11 The Health and Safety at Work etc. Act 1974 (HSWA) Until the Health and Safety at Work etc. Act (HSWA) was passed in 1974, thereby creating a new consultative approach to occupational health and safety, protective legislation consisted of a series of statutes which were aimed mainly at manufacturing industry in UK. 11

12 The Health and Safety at Work etc. Act 1974 (HSWA) The legislation attempted to control safety and health hazards in specific work locations, such as factories, offices, shops, mine, quarries, etc. 12

13 The Health and Safety at Work etc. Act 1974 (HSWA) HSWA permitted the Secretary of State or other Ministers to make regulations and code of practice to improve standards of safety, health and welfare. 13

14 The Health and Safety at Work etc. Act 1974 (HSWA) It established a co-ordinating enforcement authority, the Health and Safety Commission (HSC), giving its inspectors greater powers. It also extended legislative protection for health and safety to everyone who was employed (except domestic servants) and imposed more general but wider duties on both employer and employee. The Act makes provision for protecting others against risks to health and safety from the way in which work activities are carried out. 14

15 HSWA General duties These duties are qualified by the phrases so far as is reasonably practicable and best practicable means. reasonably practicable implies a balance of the degree of risk against the inconvenience and cost of overcoming it. best practicable means : ignores the cost element but recognizes possible limitations of current technical knowledge. 15

16 HSWA General duties In common law, employers have had, and still have, duties of care with regard to the health and safety of their employees, duties which are now incorporated into statute law. 16

17 HSWA General statement The general statement of the duties of employers to their employees while at work: Provide and maintain plant and systems of work that are safe and without risk to health. Plant covers any machinery, equipment or appliances including portable power tools and hand tools. Ensure that the use, handling, storage and transport of articles and substances is safe and without risk. 17

18 HSWA General statement Provide such information, instruction, training and supervision to ensure that employees can carry out their jobs safely. Ensure that any workshop under his control is safe and healthy and that proper means of access and egress are maintained, particularly in respect of high standards of housekeeping, cleanliness, disposal of rubbish and the stacking of goods in the proper place. 18

19 HSWA General statement Keep the workplace environment safe and healthy so that the atmosphere is such as not to give rise to poisoning, gassing or the encouragement of the development of diseases. Adequate welfare facilities should be provided. 19

20 HSWA General statement work means any activities undertaken as part of employment and includes extra voluntary jobs for which payment is received or which are accepted as part of the particular job. 20

21 HSWA General duties Further duties are placed on the employer by: To prepare and keep up to date a written safety policy supported by information on the organization and arrangements for carrying out the policy. The safety policy has to be brought to the notice of employees. Where there are five or less employees this section does not apply. 21

22 HSWA General duties To consult with any safety representatives appointed by recognized trade unions to enlist their co-operation in establishing and maintaining high standards of safety. To establish a safety committee if requested by two or more safety representatives. 22

23 HSWA General duties The employees duties state that, whilst at work, every employee must take care for the health and safety of himself and of other persons who may be affected by his acts or omissions. Also employees should co-operate with the employer to meet legal obligations. 23

24 HSWA General duties It requires that no one, whether employee or not, shall either intentionally or recklessly, interfere with or misuse anything, whether plant equipment or methods of work, provided by the employer to meet obligations under this or any other related Act. 24

25 Regulations and Codes of Practice The management regulations extend HSWA by requiring employers to: Carry out risk assessment Apply the principles of prevention set out in schedule Have arrangements for the planning and control of protective and preventive measures Appoint competent persons to give health and safety assistance 25

26 Regulations and Codes of Practice Have procedures to cope with serious and imminent danger Give information to employees Co-operate and co-ordinate with other employers sharing the same premises Take into account the employee s capabilities and training when entrusting tasks Protect both young workers and pregnant workers Give special consideration to workers who have recently given birth Provide information to temporary workers 26

27 Occupational Safety and Health Ordinance (Ch.509 HK Legislation) The Occupational Safety and Health Ordinance (OSHO) provides for the safety and health protection to employees in workplaces, both industrial and non-industrial. It is basically an enabling ordinance setting out requirements in general terms. 27

28 The Coverage This ordinance covers almost all workplaces - places where employees work. In addition to factories, construction sites and catering establishments, other places, such as offices, laboratories, shopping arcades, educational institutions also come under the ambit of the law. 28

29 The Roles of the Dutyholders The Roles of Dutyholders include: Employer Employee Ocuplier 29

30 The Roles of the Dutyholders Employers should contribute to safety and health in their workplaces by: providing and maintaining plant and work systems that do not endanger safety or health; making arrangement for ensuring safety and health in connection with the use, handling, storage or transport of plant or substances; 30

31 The Roles of the Dutyholders providing all necessary information, instruction, training, and supervision for ensuring safety and health; providing and maintaining safe access to and egress from the workplaces; and providing and maintaining a safe and healthy work environment 31

32 The Roles of the Dutyholders Employees should also contribute to safety and health in the workplaces by : taking care for the safety and health of persons at the workplace; and using any equipment or following any system or work practices provided by their employers. 32

33 The Roles of the Dutyholders Occupiers of premises should take responsibility for ensuring that: the premises; the means of access to and egress from the premises; and any plant or substance kept at the premises are safe and without risks to health to any person working on the premises, even if they do not directly employ that person on the premises. 33

34 Q&A 34