1. Health and Safety Training for Managers Part 1

2. Outcomes of Session
By the end of this session today you will be able to:-
Understand the legal, moral and economic reasons for health and safety and your responsibilities
Understand the sentencing guidelines for health and safety offences
Understand the current systems used to manage health and safety within the college
Developing a positive safety culture

3. UK Legal System Criminal Civil By HSE
If found guilty leads to fines and/or imprisonment
Not insurable
If found liable, the defendant has to compensate the plaintive
Must be insured

4. Why is Health and Safety Important?
Economic
Lost production Damaged plant Retraining Insured and uninsured loses
Increased insurance premiums Investigation costs Damaged reputation
Moral
Duty of reasonable care Reduce pain and suffering Improve morale
Unacceptability of putting the health and safety of people at risk
Figures for 17/18
144 people killed at work
Legal
Enforcement notices Prosecution (fines, imprisonment) Civil claims

5. Health, Safety and Welfare at Work etc Act 1974
Regulations
A.C.O.P’S
Guidance

6. Legal Obligations
Main obligation under Health and Safety at Work Act (HSWA):
It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health safety and welfare at work of all his employees.
These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’. In other words, an employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk.
What the law requires here is what good management and common sense would lead employers to do anyway: that is, to look at what the risks are and take sensible measures to tackle them.
Discuss the meaning of shall and so far as is reasonably practicable
Generally, you need to do everything ‘reasonably practicable’ to protect people from harm
This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk.

7. Reasonably Practicable
Risk
Cost
For a risk to be as low as reasonably practicable it must be possible to demonstrate that the cost involved in reducing the risk further would be grossly disproportionate to the benefit gained.

8. Practicable
The duty must be carried out in the light of current knowledge and invention regardless of time, cost or inconvenience.

9. Terms used in law: Absolute Requirements
Where a duty is not qualified by the terms “practicable” or “so far as is reasonably practicable” then it is an absolute duty. Usually the terms shall or must are used.

10. Health and Safety at Work Act Exercise
East Sussex College responsibilities for health and safety
and
Individual responsibilities for health and safety

11. The Management of Health and Safety at Work Regulations 1999
These regulations place more specific requirements on the employer and managers to manage health and safety under the Health and Safety at Work Act.

12. Safety Responsibilities
Risk Assessment – for all hazardous activities/procedures
Safe system of work
Training – identify training needs
Competency – assess
Supervision
Monitoring

13. Sentencing Guidelines for Health and Safety Offences
Implemented on 1st February 2016
for all H&S offences:
fatal and non-fatal
Corporate and individual offenders
Corporate manslaughter
Food Safety and Hygiene

14. How it works
Decide harm category (1, high – 4, low) by determining the Risk of harm – not actual harm and culpability
Organisation category is determined by turnover, not profit
Court decides if matrix proposed fine is proportionate

15. Individuals

16. Individuals H&S Duties
Section 37 - Liability of directors and senior managers
Where an offence… has been committed with the consent, connivance, or…attributable to any neglect on the part of any director, manager or a person who purports to act in that capacity, he/she as well as the company shall be guilty of that offence.

17. Determine the offence category
Culpability
Very high - Intentionally breached or flagrant disregard for the law
High – actual foresight of or willful blindness to risk, and risk taken
Medium - an act or omission that a person exercising reasonable care would not do
Low – little fault i.e. minor error of judgment

18. Sentence Matrix

19. New Sentencing Guidelines in Operation
Plumpton College fined £100,000
Head of department – not present at time of accident, personally fined £1,000 and has lost his job

20. HSG 65 - Successful Health & Safety Management

21. SDC Health, Safety and Welfare Policy
Statement of intent
Responsibilities
Arrangements.
Briefly go over each part – each member of staff needs a safety policy in front of them
Ask them to find their own responsibilities. Ensure to cite some of the policies in arrangements as examples and explain there are also responsibilities for staff within these policies.

22. Red Files
All files are moving to online storage and are accessible on the ‘W’ drive
Audited and rated to indicate level of legal compliance
The Red File is a departmental responsibility and everyone should contribute.
RFA needs to be suitable and able to make sound judgments
RFA is not responsible for safety of area, they are only an administrator. Make point about low risk departments if relevant – sample audits.

23. Other ways to monitor and ensure compliance
Safety inspections
Defect Action Notice (DAN)
Training
Work Based Learning (WBL)
Signing off room alteration paperwork
Writing health & safety policies.
Health and Safety Committee
Accident statistics.

24. Safety Culture Policy Written Procedures Training Programmes
Risk Assessments
Signage
Posters
Reality – how people really behave = the true culture

25. The Four Cs of a Health and Safety Culture
Competence - think SKATE =
Skills
Knowledge
Ability
Training
Experience
Staff must fully understand the H&S procedures they should follow.

26. The Four Cs of a Health and Safety Culture
Communication – This can happen in many ways, but they must be effective
Tell them why not just what.
They will be implementing and carrying out the policy.
Staff are central to any solution.
Encourage staff on the front line to come forward with alternative (better) solutions to problems.
LISTEN to what they have to say.

27. The Four Cs of a Health and Safety Culture
Co-operation – To carry this through, everyone in the organisation needs to co-operate
Control – Setting standards and allocating responsibilities. Once agreed, monitor and enforce.

28. Remember You can delegate safety management duties
You cannot delegate legal responsibility
You remain accountable in law for the safety of students/staff that you manage/supervise.

29. Outcomes of Session We have:-
Discussed the legal, moral and economic reasons for health and safety, including the legal responsibilities of managers
Briefed on the new sentencing guidelines
Reviewed the current systems used to manage health and safety within the college
Discussed how to promote a positive safety culture