Important Please note that the Safety Passport should only be used as an introduction to the Health and Safety processes and procedures that are currently in place within the Robert Gordon University. Staff and Students must also complete all relevant laboratory induction programmes within each School.

Part 1: Introduction Part 2: Accidents and Accident Prevention Part 3: Workplace Safety Part 4: Occupational Health

The Law Copyright © The School of Applied Sciences The Robert Gordon University 1/1 The Law

There are two main sources of law. Common Law and Statute Law Common Law This is law made by judges and consists of judicial decisions as to the effect of legislation on a specific set of facts. This has evolved over the centuries and is often referred to as Case Law. Statute Law This is law made by Parliament - Parliamentary statute It includes Acts and associated enabling regulations covering the whole spectrum of issues being dealt with in everyday life in the U.K. e.g. Control of Substances Hazardous to Health under the enabling Heath and Safety at Work Act. 1/2 The Law Copyright © The School of Applied Sciences The Robert Gordon University

1/3 The Law There are basically two types of law. Criminal Law Civil Law Criminal Law Deals with wrongs against society and is designed to punish those who offend against what is law of the land. Civil Law Deals with the rights of individuals or groups of individuals and is designed to compensate the party who has suffered a wrong through someone else’s act or omission. Copyright © The School of Applied Sciences The Robert Gordon University

Reference may also be made to Codes of Practice Designed to give practical guidance with respect to the requirements of a particular act. These are not, in themselves, law and are not mandatory in the sense that failure to comply in every respect with a code of practice is not a criminal offence under the Act to which they refer. It is likely however that, in the event of a criminal or civil case being pursued, the extent to which codes of practice have been followed will play an important part in reaching a decision. Responsibility for enforcing the Health and Safety at Work Act and in bringing prosecutions lies with H.M. Factory Inspectorate and the H.S.E. 1/4 The Law Copyright © The School of Applied Sciences The Robert Gordon University

Legal responsibilities Copyright © The School of Applied Sciences The Robert Gordon University 1/5 Legal Responsibilities

Who is responsible for enforcing The Health and Safety at Work Act The Act makes us all responsible for health and safety in the workplace! 4 Senior Management of the University 4 Staff 4 Students 4 Manufacturers, suppliers and installers 1/6 Legal Responsibilities Copyright © The School of Applied Sciences The Robert Gordon University

The University must ensure that activities being carried out on their premises do not endanger staff, students, visitors, contract workers or members of the general public. The University can be held responsible for breaches of Health and Safety legislation. Staff and Students have a duty to ensure their own health and safety as well as that of anyone who may be affected by their work. If his or her actions resulted in someone else having an accident, they may themselves be held responsible and prosecuted Staff and Students must always co-operate with the University on health and safety issues. The University 1/7 Legal Responsibilities Copyright © The School of Applied Sciences The Robert Gordon University

The University Most of the responsibility lies with the University. In fulfilling their duty towards their Staff and Students they must, as far as is reasonably practicable: Provide healthy and safe - systems of work - working environments - adequate welfare facilities Provide safe access to and from the workplace Provide appropriate instruction, training and supervision Provide correct and current information on health and safety Provide a written Health and Safety Policy Provide safe methods of handling, storing and disposal of materials. Provide safe plant, machinery and appliances 1/8 Legal Responsibilities Copyright © The School of Applied Sciences The Robert Gordon University

Anyone who makes, supplies and installs articles or substances to the University is also covered by the The Health and Safety at Work Act. They have a duty to ensue safe practice throughout all stages of the process they are involved with. (BS “Kite” Standards) Manufacturers, Suppliers and Installers 1/9 Legal Responsibilities Copyright © The School of Applied Sciences The Robert Gordon University

Enforcement of Law Copyright © The School of Applied Sciences The Robert Gordon University 1/10 Enforcement of Law

1/11 Enforcement of Law Enforcement Officers The Health and Safety at Work Act etc. is enforced by two main groups of people: Local authority Environmental Health Officers and Health and Safety Executive Inspectors The Environmental Health Officers deal with health and safety issues in shops, offices, the catering and hotel industries, warehouses and the leisure industry. The Health and Safety Executive Inspectors deal with health and safety issues for all other areas e. g. factories, building sites, research facilities. Copyright © The School of Applied Sciences The Robert Gordon University

Powers of Enforcement Officers Enforcement Officers have a number of powers: They have the right to enter premises at any reasonable time and carry out an examination of workplace activities. They can dismantle and take away equipment, take away samples and take photographs of workplace activities. They have the right to see documents, to photocopy or take away. They can ask questions and demand truthful answers. If there appears to be imminent danger they have the right to seize any substance or article and destroy it to make it harmless. 1/12 Enforcement of Law Copyright © The School of Applied Sciences The Robert Gordon University

Powers of Enforcement Officers They can then take the following actions if they find anything wrong: Give advice The purpose of the Health and Safety at Work Act is to promote safety awareness. By giving advice and guidance Enforcement Officers are showing that it is best to try and prevent accidents occurring than to prosecute when the accident occurs. Serve an Improvement Notice This document states what was wrong, how to put it right and a time scale for action to be taken. 1/13 Enforcement of Law Copyright © The School of Applied Sciences The Robert Gordon University

Serve a Prohibition Notice This is issued when a workplace is dangerous. When this is served work must stop immediately. No work can resume until the risk is removed. Prosecute People can be be taken to court, fined or imprisoned for each and every infringement of the Health and Safety at Work Act and all associated regulations. The maximum fine is limitless with amaximum jail sentence of two years. These can only be awarded by Higher Courts. 1/14 Enforcement of Law Copyright © The School of Applied Sciences The Robert Gordon University

Enforcement of Law Examples of prosecutions Each year there are approx.. 2,300 “informations laid” which is the first step in prosecution. Of these approx.. 90% are successful. B.P. fined £500,000 Nobel Explosives fined £250,00 Tate and Lyle fined £250,000 Many fines are of course lower: Foyle’s were fined £21,750 but in addition an Assistant Manager was sentenced to 3 months in prison (suspended for 1 year). This highlights individual responsibilities: there are around 40 successful prosecutions of individuals each year. 1/15 Enforcement of Law Copyright © The School of Applied Sciences The Robert Gordon University

Factors affecting Health and Safety Copyright © The School of Applied Sciences The Robert Gordon University 1/16 Factors affecting Health and Safety

Everyone is affected by unhealthy and unsafe workplace conditions Everyone benefits from good health and safety practices. Three main factors affect health and safety: 4 Environmental 4 Occupational 4 Human Copyright © The School of Applied Sciences The Robert Gordon University 1/17 Factors affecting Health and Safety

Environmental The environment in which we are asked to work can have a detrimental effect on our health. 4 Heating 4 Lighting 4 Noise 4 Ventilation Any of the above, or a combination of, if poorly managed or controlled can affect our health. Copyright © The School of Applied Sciences The Robert Gordon University 1/18 Factors affecting Health and Safety

Occupational Some activities have obvious high risks and hazards associated with them. But others working with no safe systems of work in place or with no available PPE are just as much in danger although the risk and hazard may not appear obvious. - an office worker with a poorly designed workstation could suffer permanent back damage. - a student working in a laboratory environment could suffer eye damage by not having a mandatory requirement to wear safety specs. Copyright © The School of Applied Sciences The Robert Gordon University 1/19 Factors affecting Health and Safety

Human In the workplace a person’s actions and behaviour can have a bad effect on the health and safety of others. 4carelessness 4complacency 4haste 4distraction 4lack of experience 4lack of attention 4lack of training 4under the influence of drink or drugs 4 a disregard for safety rules The University has a responsibility to ensure adequate supervision, to ensure proper training is carried out and to ensure proper procedures are followed. Staff and Students must act responsibility and attentively at all times Copyright © The School of Applied Sciences The Robert Gordon University 1/20 Factors affecting Health and Safety

Summary Accidents, deaths and injuries can be avoided if people are made aware of possible dangers. Unhealthy and unsafe working practices are to be avoided where it is reasonably practicable to do so Copyright © The School of Applied Sciences The Robert Gordon University 1/21 Factors affecting Health and Safety

Implications of poor health and safety management Copyright © The School of Applied Sciences The Robert Gordon University 1/22 Implications of poor health and safety management

Implications of poor Health and Safety Management Poor health and safety management has very obvious consequences: 4Loss of time and money 4 Bad publicity locally and perhaps nationally Copyright © The School of Applied Sciences The Robert Gordon University 1/23 Implications of poor health and safety management

Implications of poor Health and Safety Management Loss of company credibility! Copyright © The School of Applied Sciences The Robert Gordon University 1/24 Implications of poor health and safety management Userfriendly Fireworks Ltd. Test Area

Implications of poor Health and Safety Management Less obvious is the stress placed on Staff and Students if they feel their workplace is unsafe. individual performance suffers University suffers from lost working days Courses suffer So from above the need for spending time and effort on a well thought out workable Health and Safety regime is obvious. Copyright © The School of Applied Sciences The Robert Gordon University 1/25 Implications of poor health and safety management

Benefits of good health and safety management Copyright © The School of Applied Sciences The Robert Gordon University 1/26 Benefits of good health and safety management

Benefits of good Health and Safety Practices The reverse of bad practices ! Staff and Student needs catered for: approved practices and assessments. monitoring of Staff and Student health Staff and Students feel safe in their working environment. Efficiency maintained or increased University reputation for good practice spreads More Staff and Students wish to be associated with good practice More recruitment. 1/27 Benefits of good health and safety management Copyright © The School of Applied Sciences The Robert Gordon University