Management of Health and Safety - Assignment Example

Management of Health and Safety Task 1 In this case parties involved are i) The contractor, ii) Sub-contractor, iii) Apprentice on work experience A person on work experience means an apprentice. Under section 53(1) of the Health and Safety at Workplaces Act 1974 contract of employment. Therefore an apprentice is an employee. A company taking an apprentice should make an agreement for a fixed period of time. The agreement must be in writing. If not the agreement cannot be enforced. Therefore most important legal responsibility of the three parties involved is to sign a written apprentice agreement. If there is no written apprentice agreement employing the person or providing training on site is illegal. When the apprentice is employed on site all other legal duties and responsibilities specified in HSWA 1974 , Health and Safety Regulations 1999, and CDM Regulations 2007 applies. The legal responsibilities of the three parties involved are The legal responsibilities of the three parties as per The Health and Safety at Work, etc Act 1974 (HSWA) i) The contractor and Sub-contractor have the legal responsibility as employers as the apprentice is employed by the sub-contractor. Must make a written tri-party apprentice agreement between the contractor, sub-contractor and the apprentice. identifying and providing safe systems of work providing safe materials and substances and the safe handling and storage of these providing a safe place of work and a safe working environment providing information, instruction, training and supervision as necessary Providing appropriate welfare facilities. (Section 2) ii) Apprentice on work experience becomes an employee after signing the apprentice agreement. Must make a written tri-party apprentice agreement between the contractor, sub-contractor and the apprentice. Employees must ensure their own health and safety at work and the health and safety of anyone else who might be affected by their acts and omissions. They must also co-operate with their employer in ensuring compliance with any relevant legal requirements. (Section 7) In complying with the legal responsibilities the company (the contractor) has to spend on training the apprentice on safety procedures etc. at the work site in induction training. http://www.hse.gov.uk/enforce/enforcementguide/investigation/status/specific.htm Task 2 Health and Safety at Workplaces Act 1974 is an enabling act. Management of Health and Safety at Work Regulations 1999, and CDM Regulations are made under this act. Main provisions under the Management of Health and Safety at Work Regulations 1999 are aimed at emphasizing and reinforcing the message of risk assessment. There are many regulations covering the duties of the employers. Employees’ duties also are covered by the regulations. Some of the important duties stated in the regulations are Health and safety arrangements like providing of first aid Monitoring of employees’ health (hearing and vision tests) Keeping the employees informed about the safety aspects. Judging the capabilities of employees before assigning jobs. (can a person work at heights) Risk assessment processes not to endanger the employees. Protection of people under 18 years. Provision for pregnant mothers. Temporary workers Provisions under the Construction (Design and Management) Regulations 2007 are aimed at reducing the construction accidents and deaths. “While the on-site safety requirements are almost unchanged, there are significant changes to CDM. Here are the main revisions: Place construction clients in a position where they can have greater influence over the health and safety standards of their project. Replace the role of planning supervisor with a new role of CDM co-ordinator.  The co-ordinator will be empowered by the Client, and will act as the Client's key advisor for effective communication and co-ordination of health and safety information. Emphasise the importance of competence at all levels in securing health and safety benefits, while simplifying the assessment of competence. Drive out needless paperwork and bureaucracy that had become associated with CDM 1994. Paperwork should be project-specific, relevant, proportionate to the risk, and of real use in helping to manage the risk. If not, it will not be required. Simplify when a project is notifiable. Projects will be notifiable if they will last more than 30 days or 500 person days. No projects for a domestic client will be notifiable." The regulations identify six categories of duty holders. They are clients, CDM coordinators, designers, principal contractors, contractors and workers.The role and the duties of duty holders also are listed in the regulations. Part 2 of the Regulations requires the clients to check competence and resources of contractors, designers and all team members appointed, Ensure suitable management arrangements for the project welfare facilities are in place and allow sufficient time and resources for all stages, and provide pre-construction information to designers and contractors. Part 3 of the Regulations adds additional duties for notifiable projects. They are appointing a CDM coordinator, and a principal contractor, ensuring that the construction phase starts only after suitable welfare facilities and a construction phase plan is in place, providing CDM coordinator with information on health and safety file and retaining and providing easy access to the health and safety file. CDM coordinators duties are advise and assist the client with his/her duties, notify HSE, co-ordinate health and safety aspects of design work and cooperate with others involved with the project, facilitate good communication between client, designers and contractors, liaise with principal contractor regarding ongoing design, identify, collect and pass on pre-construction information, prepare/update health and safety file. Designers duties include eliminating the hazards and reducing risks at design stage and inform the client about the remaining risks if there are any, check whether aCDM coordinator has been appointed, inform the client about his duties under the Act and providing the information required for the health and safety file. Principal contractors Plan, manage and monitor construction phase in liaison with contractor Prepare, develop and implement a written plan and site rules (Initial plan completed before the construction phase begins) Give contractors relevant parts of the plan Make sure suitable welfare facilities are provided from the start and maintained throughout the construction phase Check competence of all appointees Ensure all workers have site inductions and any further information and training needed for the work Consult with the workers Liaise with CDM co-ordinator regarding ongoing design Secure the site Contractors Plan, manage and monitor own work and that of workers Check competence of all their appointees and workers Train own employees Provide information to their workers Comply with the specific requirements in Part 4 of the Regulations Ensure there are adequate welfare facilities for their workers Check client is aware of duties and a CDM co-ordinator has been appointed and HSE notified before starting work Co-operate with principal contractor in planning and managing work, including reasonable directions and site rules Provide details to the principal contractor of any contractor whom he engages in connection with carrying out the work Provide any information needed for the health and safety file Inform principal contractor of problems with the plan Inform principal contractor of reportable accidents, diseases and dangerous occurrences Workers Check own competence Co-operate with others and co-ordinate work so as to ensure the health and safety of construction workers and others who may be affected by the work Report obvious risks Penalties for non-compliance with the Health and Safety at Workplaces Act 1974. Breech of the regulations can be prosecuted in a Magistrate’s court or a Crown Court depending on the severity of the offence The penalties also will depend on the severity and the regulation which has been breeched. Maximum penalties are. Breaches of sub section.2–6 incur a £20,000 fine at magistrates’ court level and an unlimited fine at a crown court. Breaches of sub section.7–9 incur a £5000 fine at magistrates’ court level and an unlimited fine at a crown court. Contravening any health and safety regulations incurs a £5000 fine at magistrates’ court level and an unlimited fine at a Crown Court. Contravening an enforcement notice or court order incurs a £20,000 fine and/or six months’ imprisonment at magistrates’ court level and an unlimited fine and/or two years’ imprisonment at crown court level. Intentionally obstructing an enforcement inspector incurs a £5000 fine. Task3 Providing of the welfare facilities is a duty of the party who has the overall control of the site. In practice the principal contractor or any other person in control of the site often provide or arrange common facilities for everyone on the site. Employers and self-employed have to make sure that the employees are provided or have access to suitable welfare facilities. Welfare facilities that have to be provided are toilets, washing facilities, storing and changing clothing, rest facilities, drinking water and Heating. HSE Construction Information Sheet No 18(rev1) describes the minimum levels of facilities that should be provided under these categories. Welfare facilities should be adequately addressed in the health and safety plan. Plans have to be made on the welfare facilities, their location on the site and maintenance and of the services and equipment at the planning stage. Equipment has to be provided sited and connected to services and in working order when the work starts. Facilities should be in keeping with the site size and the number of employees. If new employees are taken the facilities have to be increased. All toilets, washing, changing, personal storage and rest areas must be accessible and have adequate heating, lighting and ventilation. Facilities may need to be provided at more than one location to make sure workers have easy access. Someone must be appointed to be responsible for keeping the facilities clean and tidy. How often the facilities will need cleaning will depend on the number of people on site and on how quickly they become dirty. Basic daily cleaning may not always be enough. HSE Construction Information Sheet No 18(rev1) lists in detail the levels of welfare facilities that have to be provided on site. They are as follows. Toilets Make sure that an adequate number of toilets are provided at all times. Men and women may use the same toilet, provided it is in a lockable room and partitioned from any urinals which may also have been provided. Otherwise separate toilets will be needed. Wherever possible connect toilets to a mains drainage system and ensure they are water flushing. If you cannot do this, use facilities with built-in supply and drainage tanks. Units used by female workers should have effective means for disposal of sanitary waste. Make sure adequate supplies of toilet paper are always available. Washing facilities Put washing facilities next to both toilets and changing areas and make sure they include: (i)basin(s) or sink(s) large enough for people to wash their face, hands and forearms; (ii) a supply of hot and cold or warm running water; (iii) soap and towels (either cloth or paper) or dryers. If mains water is not available, use clean water supplied from a tank. You may need more washing facilities, including showers, where the work is particularly dirty or when workers are exposed to especially hazardous substances, e.g. development of contaminated land, or demolition of old industrial buildings which are contaminated with toxic substances, etc. These will need to be separate from the main facilities. You may need specialist facilities for certain activities, eg working with lead, asbestos, tunnelling under compressed air, etc. Men and women can share basins used for washing hands, face and arms. A shower may be used by both men and women so long as it is in a separate, lockable room which can be used by one person at a time. Storing and changing clothing Every site should have arrangements for storing: (i) clothing not worn on site (e.g. jackets, training shoes etc); (ii) protective clothing needed for site work (e.g. wellington boots, overalls, reflective jackets). Separate lockers might be needed, although on smaller sites the site office may be a suitable storage area, provided it is kept secure. Where there is a risk of protective site clothing contaminating everyday clothing, store items separately. Men and women should be able to change separately. Make sure that wet site clothing can be dried. Many fires have been caused by placing too much clothing to dry on electrical heaters, making the heater overheat. If electrical heaters are used, ensure they are properly ventilated and, if possible, fitted with a high temperature cut-out device. Rest facilities Provide facilities for taking breaks and meal breaks. The facilities should provide a shelter from the wind and rain and be heated as necessary. The rest facilities should have: (i) tables and chairs; (ii) a kettle or urn for boiling water; (iii) a means for warming up food (for example, a gas or electrical heating ring, or microwave oven). Non-smokers should be able to use the facilities without suffering discomfort from tobacco smoke. Provide ventilation, or if this is not possible, you my need to provide separate areas for smokers and non-smokers, or ban smoking in the presence of non-smokers. On small sites, the site office or hut can make a suitable rest area, especially if it is one of the common portable units. Do not store plant, equipment or materials in rest areas. Drinking water Make sure there is a supply of wholesome drinking water readily available. Where possible it should be supplied direct from the mains. If water is stored, protect it from possible contamination and make sure it is changed often enough to prevent it from becoming stale or contaminated. Clearly mark the drinking water supply to prevent it being confused with water which is not fit to drink or hazardous liquids. Provide cups or other drinking vessels at the water tap, unless the water is supplied in an upward jet which can be drunk easily (for example, a drinking fountain). Heating Inadequately ventilated LPG cookers and heaters can produce carbon monoxide. Gas may escape from leaking cylinders which have not been properly turned off. You can eliminate these risks by using properly maintained electrical equipment instead. If this is not possible, reduce the risk by: (i)using and storing the cylinders in safe, well-ventilated places outside the accommodation (including overnight); (ii) providing adequate combustion ventilation (provide fixed grills at high and low level); (iii) checking that cylinders are properly turned off when not in use. Turn off the tap at the appliance and isolate the cylinder; (iv) using wall or ceiling mounted carbon monoxide detectors. www.hse.gov.uk/pubns/cis18 A guide to the Construction (Health, Safety and Welfare) Regulations 1996 Leaflet INDG220 HSEBooks 1996 Task 6 Methods to be used to log the details of safety inspections, and keep records on all inspections. Assigning the responsibility of each type of safety inspection to a competent person. Preparing schedules giving frequency of the routine inspections to be carried out and criteria for additional inspections. Preparing checklists of the tests and the inspections to be carried out. Preparing the formats for inspection report for each type of inspection. Arrange to distribute copies of reports to the relevant persons and relevant files including the health and safety file, and CDM coordinator. Maintain a Bound Register to record all important details of the date and time of inspection officers who carried out the inspection, any immediate risks or recommendations if any etc. Read More