SAFETY MANAGEMENT & SITE ESTABLISHMENT UNIT 3 SAFETY LAW Part 1
Aim of this lecture • Give you a basic understanding of the main safety legislation that applies to the construction industry in the UK
LEGAL STRUCTURE What’s the difference between Acts, Regulations and Codes of Practice (CoPs)? • ACTS OF PARLIAMENT (statute/law enacted as primary legislation) • REGULATIONS (created based on Acts and go into detail about a particular topic) • APPROVED CODES OF PRACTICE (Provide practical details and advice on the best ways to comply with regulations) • CODES OF PRACTICE (Not laws; gives guidance for industry members to follow)
What construction activities need to be controlled by the law?
MAIN LAWS Employers’ Liability (Compulsory Insurance) Act Health & Safety at Work etc Act Control of Substances Hazardous to Health Regulations (COSHH) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) Personal Protective Equipment at Work Regulations Manual Handling Regulations Confined Spaces Regulations Lifting Operations and Lifting Equipment Regulations Control of Asbestos at Work (Amendment) Regulations Electricity at Work Regulations
• The Construction Design & Management Regulations 2007 (CDM) are discussed separately in Unit 4. • CMD 2007 is being replaced by CMD 2015…
Almost all of the common safety standards in construction are covered by different laws In the UK these controls can be enforced by inspectors Punishments for breaking the law including fines and prison sentences. This is not the case in many other parts of the world
What difference do you think it makes when there are no safety laws, or when the laws are not properly and fairly enforced ? • People have no legal liability against others • People won’t learn lessons from critical incidents • Many workers being killed • High accident rates • High business losses • Poor performance (time, cost, quality) • Reduce the image of the construction industry • Young people getting reluctant to join the industry • Etc.
The Corporate Manslaughter and Corporate Homicide Act 2007 • Is a landmark in law • Companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care • Came into force on 6 April 2008 • Clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality
The Corporate Manslaughter and Corporate Homicide Act 2007 • Not part of health and safety law, but it introduces an important new element in the corporate management of health and safety. • Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will be unaffected
Employers’ Liability (Compulsory Insurance) Act 1999 • Under this Act employers are required by the law to insure against liability for injury or disease to their employees arising out of their employment • The legislation ensures that sufficient funds will be available to compensate an employee or former employee who successfully claims damages for injury or illness resulting from work • Employers’ liability insurance is a compulsory requirement for all employers under this Act
Health and Safety at Work etc Act 1974 (HASWA) AIMS AND SCOPE – – Comprehensive legal framework – General duties for several groups – Covers the general public – Gives power to make regulations which contain much more specific duties – Gives power to make ACOPS (Approved Code of Practice)
General duties under the HASW Act: • PLACED ON SEVERAL GROUPS • Employers, employees, self-employed, manufacturers (including designers, importers and suppliers) and people who control work premises.
EMPLOYERS DUTIES • The first part, Section 2 (1) of HASWA says that : Employers must ensure the safety, health and welfare of all their employees, so far as is reasonably practicable . This is often referred to as the “General duty of employers to their employees” and is the greatest and most influential part of all the safety laws. Discuss the implications of this section and identify any controversy…
Ensure • “ Ensure” - this means safety must be pretty much guaranteed, and that great effort must be put into making sure something is safe. It places safety securely in the position of first priority.
So far as is reasonably practicable • this brings in the two principles that safety must be possible to achieve (practicable), and not so expensive as to be unaffordable (reasonable). • How do we decide this ?
So far as is reasonably practicable The test for how much expense is too much is a severe test however. It has nothing to do with whether an employer can afford to pay for safety measures – so poor or small employers cannot avoid their duties by claiming this. The test is that the …check the relationship of SAFETY and COST
Specific duties Classroom Activity: Identify what specific measures employers can take to ensure that safety is guarantied “so far as is reasonably practicable” in the following headings: Plant (equipment) and systems of work (practices); Use, handling, storage and transport of articles (things) and substances (chemicals and materials); The means of information, instruction, training and supervision of employees; The workplace itself and access/ ingress – including in an emergency, working environment and welfare facilities You need to present your findings as a poster and a 5 minutes speech to your classmates.
Specific duties • In Section 2.2 HASWA , it goes on to expand on these and gives 5 categories of particular things that employers must do, so far as is reasonably practicable . These are :
1. Plant and systems of work: • To provide and maintain plant (equipment) and systems of work (practices) that are safe and without risks to health;
2. Use ,handling, storage and transport • To ensure that the use, handling, storage and transport of articles (things) and substances (chemicals and materials) are safe and without risks to health;
3. Information • To ensure that employees have the information, instruction, training and supervision they need to be safe;
4. Access and egress • To ensure that the workplace itself is safe and that there are safe ways to get to it and away from it – including in an emergency;
5. ENVIRONMENT AND WELFARE • To provide and maintain a working environment that is safe, free from health risks and has adequate welfare facilities (e.g. toilets, washing facilities).
• Sections 2(1) and 2(2) are intended between them to cover pretty much every imaginable work situation, and they have been successful. • Can you think of any situation they would not apply to ?
Other duties for employers • Duty to ensure the safety of all others not in their employ, but who may be affected by the work. - SUBCONTRACTORS - PUBLIC - VISITORS - CHILDREN
Others with duties Sub-contractors: have same responsibilities as main employer. Self employed: have duties to care for themselves and ensure that their activities do not affect the safety and health of others. Employees: The Act also puts a duty on all employees to take care for themselves, not to endanger others, not to tamper with safety equipment, and to assist employers in carrying out their duties under the Act.
• Designers, manufacturers, suppliers, importers: of any article or substance must ensure that it will not endanger users. The Construction Design and Management Regulations (CDM), made under this Act, now give much more detail about building designers’ duties (see unit 4) • Landlords and building owners anyone who provides a building, or land, for use as a workplace must make sure that it is safe and suitable for the intended use, and that there are safe routes of entry and escape
Result the Act puts responsibilities upon all parties at work to protect themselves, those they employ, and those they work with. When you add the responsibility to protect the general public, you can see that the Act has a very broad scope, with many duties and responsibilities being placed upon all parties involved in a work operation.
But how? The main tool to be used in organizing and managing safety is referred to as RISK ASSESSMENT We shall look at this in detail in a later unit (unit 6), but it is important to remember that this is only a method of safety management – it is not an answer in itself.
Enforcement of the health & safety at work act By Safety Inspectors, appointed by Enforcement Authorities under Section 19 of HASWA Enforcement Authorities are the HSE and Local Councils Safety Officers / Advisers / Consultants etc. are different and have no enforcement powers The HSE has a specialist division dealing just with construction
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