M3.23 |
Review of health and safety roles and responsibilities
• Two pieces of legislation relating to health, safety and welfare at work are identified
The most important piece of Legislation with relevance to Health and Safety in the workplace is The Health and Safety at Work Act 1974. A large number of Regulations have been made under this Act including:
• The Management of Health and Safety at Work Regulations 1999 as amended 2003. • The Provision and Use of Work Equipment Regulations 1998 as amended 2002. • The Workplace (Health, Safety and Welfare) Regulations 1992 as amended 2002. • The Control of Substances Hazardous to Health Regulations 2002 as amended 2003. • The …show more content…
Electricity at Work Regulations 1989. • The Fire Precautions (Workplace) Regulations 1997 as amended 2003. • The Noise at Work Regulations 1989. • Manual Handling Operations Regulations 1992 as amended 2002. • The Health and Safety (First Aid) Regulations 1981 as amended 2002. • The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations1995. • Health & Safety (Information for Employees) Regulations 1989. • Health and Safety (Consultation with Employees) Regulations 1996. • Health and Safety (Safety Signs and Signals Regulations) 1996. • The Personal Protective Equipment at Work Regulations 1992 as amended 2002. • Lifting Operations and Lifting Equipment Regulations 1998 as amended 2002. • The Dangerous Substances and Explosive Atmospheres Regulations 2002. • The Gas Appliances (Safety Regulations) 1992. • The Health and Safety (Display Screen Equipment) Regulations 1992
Of these regulations made under The Health and Safety at Work Act 1974 the most important one is The Management of Health and Safety at Work Regulations 1999. Both of these pieces of Legislation are concerned with general duties toward Health and Safety in the workplace. Whereas the other aforementioned Health and Safety Regulations have a more specific remit and area of application, as is indicated by their title.
Not all Regulations are applicable to all organisations and some Regulations may be applicable to greater or lesser extent and neither is the list above exhaustive.
Health and Safety Legislation which is relevant to the normal and usual activities of the organisation within which I am employed includes not only the Health and Safety at Work, etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 but also other regulations to cover work activities that carry specific risks within the organisation, for example it is necessary that most employees use a computer on a daily basis as such this activity is covered by The Health and Safety (Display Screen Equipment) Regulations 1992. In addition to this it many activities carry a specific risk of direct bodily harm to employees such as needlestick type injuries from fly tipping investigations as such this activity is covered directly by The Provision and Use of Work Equipment Regulations 1998 as amended 2002.
• Two duties statute law imposes on both the manager and the team are explained
As previously mentioned the main piece of legislation affecting the management of health and safety in the workplace across all Departments is the Health and Safety at Work Act 1974. This Act provides a framework for ensuring the health and safety of all employees in any work activity. It also provides for the health and safety of anyone who may be affected by work activities in eg members of the public.
Managers and team members have a duty to comply with the requirements set out in the Act. For managers these duties can be summarised as follows: • Section 2 places a duty on managers to ensure the health, safety and welfare of all team members as far as is reasonably practicable. It also requires that managers consult with trade union safety representatives on matters affecting health and safety in the workplace. Also as is the case within my Department, managers of more than five people must prepare a written health and safety policy and bring it to the attention of all team members. • Section 3 requires managers to ensure that persons not part of the team for example work experience students who may be affected by work activities are not exposed to risks to their health and safety. • Section 4 places a duty on managers to ensure that the premises, plant and machinery do not endanger the people using them. • Section 5 requires managers to prevent and control harmful, noxious or offensive emissions into the atmosphere.
For team members their duties under this Act are as follows: • Section 7 states that it is the duty of every team member while at work to take reasonable care of him or herself and of any other person who may be affected by his or her actions. This section also requires that team members cooperate with their manager in relation to health and safety issues. • Section 8 requires team members not to interfere with or misuse anything provided in the interest of health and safety.
The Management of Health and Safety at Work Regulations 1999, another vital piece of health and safety legislation as also previously mentioned likewise details a number of duties managers and team members must comply with. The main one of which is that managers must carry out risk assessments to eliminate or reduce risks for all team members and anyone else who may be affected by the organisations work activity. In organisations with five or more employees the manager must document the significant findings of a risk assessment. In addition to this managers also have a duty to: • make arrangements for implementing the health and safety measures identified as necessary by risk assessments • monitor and review those arrangements • appoint people with sufficient knowledge, skills, experience and training to help them to implement these arrangements • set up emergency procedures and provide information about them to team members • provide clear information, supervision and training for team members and ensure that suitably competent people are appointed who are capable of carrying out the tasks entrusted to them • work together with any other employer(s) operating from the same workplace, sharing information on the risks that other staff may be exposed to, eg cleaning, catering or maintenance contractors • take particular account of risks to new and expectant mothers.
• The manager’s responsibilities contained within the organisation’s Health and Safety Policy are outlined
Link to your own organisations H & S Policy, what does it require a manager to do to ensure the Health, safety and well being of others.
Include link to H&S policy or as an appendix, specific parts of the policy in line with a manager’s responsibilities.
A health and safety policy is an important method to specify the tasks and responsibilities of each team member and manager with regard to workplace health and safety. It is also a way to ensure the same messages relating to health and safety are repeated consistently across the organisation.
The health and safety policy for my organisation as can be seen in Appendix 1 requires that a manager ……………………………….to ensure the health safety and well being of all team members
• The meaning of “a competent person” is explained
Who or what is a ‘competent person’ according to H&S legislation.
Does your organisation have its own definition of a ‘competent person’ in the H&S Policy document?
The Management of Health and Safety at Work Regulations 1999 (Regulation Seven) requires that every employer shall appoint one or more competent persons to assist with compliance with Statutory provisions (with relation to Health and Safety). In preference this person(s) shall be an employee. Other Regulations also require a competent person to undertake certain tasks for example The Provision and Use of Work Equipment Regulations 1998 as amended 2002 requires a competent person to undertake an inspection of work equipment under certain circumstances and The Noise at Work Regulations 1989 requires a competent person to undertake a noise assessment under certain circumstances.
The Approved Code of Practice and Guidance for The Management of Health and Safety at Work Regulations 1999 gives a definition of what is meant by the ‘competent person’: Competency does not necessarily depend on the possession of professional qualifications. Simple situations may require only an understanding of current best practice, although this should be supplemented with an awareness of ones own limitations and a willingness to obtain external help if required. More complex or technical situations will require a higher level of knowledge and experience such as may be found in a qualified professional.
Managers are solely responsible for ensuring the competency of those they appoint to assist them in Health and Safety matters and that such persons are given adequate information and support. Managers must have access to competent help unless they are competent to undertake the required measures without assistance and the appointment of competent persons does not absolve the manager from his or her responsibilities under the Health and Safety at Work Act 1974.
Within the health and safety policies utilised by my organisation a competent person is defined as per the definition in HSWAW Act
• Two ways to provide Health and Safety information, instruction and training to the team are identified
As can be seen below my organisation provides training, instruction and information to managers and the team, in regard to health and safety using several methods.
|Health & safety Information |Health & safety Instruction |Health & safety |
| | |Training |
|Policies |Posters |Induction training |
|Procedures |Risk Assessments |On line refresher training |
|Health and safety manual |Direct instruction from manager |In house refresher training |
|Internal Health and Safety Department |Direct instruction from internal Health |Training Videos |
| |and Safety Department | |
|H.S.E. | |External Consultants
|
• Expertise available in the organisation to help and advise the manager on health and safety issues is identified
In addition to the methods via which information, instruction and training is provided there are several people who can be called upon to provide help, advice and expertise on health and safety matters. Details of these people are as follows:
|Individual |Help & Support Available |
|Ken Holmes, Corporate Health and Safety |Advice, training, amendments to policies and procedures |
|Ken Hughes, Specialist Environmental Health |Advice |
|Officer | |
|Senior Managers |Advice |
|Team members |Advice |
Risk assessment
• A simple risk assessment is conducted in the workplace
Risk assessment is one of the most fundamental aspects of good health and safety practice and as previously stated is a legal requirement in accordance with sections 2 and 3 of the Health and Safety at Work Act 1974 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. In general the risk assessment process involves identifying the hazards present in any work environment or activity and evaluating the extents of the risks involved taking into account existing precautions and their effectiveness. Risk in this context can be defined as the likelihood that a hazard (something with the potential to cause harm) will cause harm in the given circumstances combined with how serious the harm could be.
Within the organisation through which I am employed several risks are present for the manager, all team members and the public who could be affected by the work activities being undertaken. This is due to the varied nature of the work activities for example often team members will work alone within the district at complaint sites such fly tipping investigations or visiting members of the public at their properties with no prior knowledge of that person. As such activities of this nature present a high risk in that team members could be injured or even assaulted thus a thorough documented risk assessment is essential to minimise the risk. An example of a completed risk assessment for team members who face the prospect of working alone can be seen in Appendix 2.
The process for completing such a risk assessment within my organisation is the same as that set out in the Health and Safety Executive guidance whereby five basic steps are followed. These steps are: • Identify the hazards • Decide who is at risk • Evaluate the risks • Record the significant findings • Review and revise the assess
Within my organisation I am classed as a person competent to carry out risk assessments as I have professional qualifications in health and safety through my training to become an environmental health officer and a thorough working knowledge of all work activities undertaken by members of the team
• One practical accident prevention and control measure that could be implemented in the workplace is explained
A Control measure is an item, procedure or system introduced to eliminate or reduce risk, in other words a measure that can be introduced to control risk to any hazards that may be present in the work environment.
On determining a suitable control measure for an activity there are a number of questions that must be asked, these include: • Are there legislated controls that must be undertaken in relation to the specific hazard? • Is there a code of practice relating to the specific hazard? • What are existing controls? • Are controls as high as possible in hierarchy of control priorities? • Do controls protect everyone exposed to harm? • What additional controls are required?
If there is a provision in legislation about any hazards identified in the risk assessment process then the risks associated with those hazards must be controlled in the way specified.
Alternatively if there is a code of practice associated with any of the hazards identified then the guidance in the code of practice must be followed or another control measure implemented that gives the same level of protection against the risks.
If there is no direction within regulation, or another way to protect against risks is to be considered, then the hierarchy of control measures must be considered to decide on what are appropriate, suitable and sufficient control measures to minimise the risks associated with any hazards.
The hierarchy of control measures should be implemented in the following order: 1. eliminate the harm or prevent the risk 2. if this is not possible: o replace with something less harmful o separate people from the harm o change work processes or the physical work environment, e.g. by redesigning work, plant, equipment, components or premises o apply administrative arrangements, e.g limit entry or time spent in a hazardous area o use personal protective equipment.
Using this method to consider the control measures for the previously detailed lone working risk assessment it is not possible to eliminate the harm or prevent the risk as lone working is a necessary work activity. As elimination is not possible the other control measures must be considered, it is not possible to replace visits to complaint sites or members of the publics property with something less harmful as team members must view complaint situations in person and for this reason also it is not possible to separate team members from harm nor change work processes. It is possible however to minimise the harm and risk by applying administrative arangements such as implementing a buddy system whereby a manager or fellow team member knows exactly where a colleague is going and an estimated time of return. If the team member does not return by the given time then contact will be made immediately. This control measure links to the provision and use of personal protective equipment as a mobile phone is essential together with a personal attack alarm for the administrative arrangement control measure to be succesful.
Environmental responsibility
• The importance of environmental responsibility for your organisation is explained
My Org consists of several separate departments, based in 800 buildings and employs in the region of 5,000 people delivering a range of services. These include: housing, highways, refuse collection, provision of leisure facilities, planning, building control, and estates management.
These services have a direct impact on the environment, and the Council believes in their public responsibility to use resources efficiently and implement good environmental practice in all areas.
Consequently, for more than 10 years, my org has sought to tackle its environmental impacts by developing environmental policies, local agenda 21 strategies, sustainability appraisals, state of the environment reports and green auditing initiatives. Yet much of this previous work has not helped the authority to broaden environmental management across the entire organisation. It was for this reason and a genuine desire for all departments to participate in environmental protection that as an authority it has been decided to implement EMS.
EMS is an abreviation for Environmental management system and refers to the management of an organization's environmental programs in a comprehensive, systematic, planned and documented manner. It includes the organisational structure, planning and resources for developing, implementing and maintaining policy for environmental protection and has many benefits for an organisation such as: • Serves as a tool to improve environmental performance • Provides a systematic way of managing an organization’s environmental affairs • Is the aspect of the organization’s overall management structure that addresses immediate and long-term impacts of its products, services and processes on the environment • Gives order and consistency for organizations to address environmental concerns through the allocation of resources, assignment of responsibility and ongoing evaluation of practices, procedures and processes • Focuses on continual improvement of the system • Minimises an organisations environmental liabilities • Maximises the efficient use of resources within an organisation to increase efficiency and reduce waste • demonstrate a good corporate image • build awareness of environmental issues among employees
As part of this EMS a full environmental policy has been drawn up see Appendix which has been communicated to all employees, displayed within all offices and depots and published on the Green Dragon Environmental Standard website which is the chosen environmental standard to benchmark environmental responsibility and the environmental priorities for 2010/11 are: • Achieving level 4 of the Green Dragon Environmental Standard by Oct 2011; • Achieving Green Dragon Level 2 Authority wide by March 2011
• The action the first line manager could take to enable the organisation to fulfil its environmental responsibility is described
To attain an effective EMS requires significant cultural change within any organisation. It involves transition from long accepted work practices to new methods of working.
In order to fully motivate the workforce awareness raising efforts must be designed to target all employees. As such within my org each department has an assigned EMS Manager to co-ordinate the EMS implementation. It is the role of this EMS Manager to work with first line managers to educate all team members as to the information available and more importantly their role in reducing or eliminating the negative effects their work activity has on the environment. This could include initiatives encouraging employees to buy more recycled products and to distribute/install water saving devices in workplace welfare facillities or something as simple as ensuring lights and computers are switched off, all of which are initiatives in place within my org.
At present there is no direct training for all employees in this field except for the EMS Manager whose duty it is to cascade the information learned down to managers to pass on to team members as certainly within my org it is deemed that environmental responsibility and raising awareness should be a continuous process.
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