ASPIRE MIDDLE EAST

TRAINING INSTITUTE
 NEBOSH
International General
Certificate

Your HSE Instructor:

2013
 IGC I
Element 1
Foundations in Health &
Safety
2013
Learning Outcomes
¤ 1.1 Outline the scope and nature of occupational
health & safety.
¤ 1.2 Explain the moral, social and economic reasons
for maintaining and promoting good standards of
health & safety in the workplace.
¤ 1.3 Explain the role of national governments and
international bodies in formulating a framework for
the regulation of health & safety.
MEANINGS OF AND
DISTINCTIONS
BETWEEN COMMON
TERMS
 EXAM QUESTION

Give the meaning of the following terms:

1. Health; Ans. Page 3 (2)
2. Safety; Ans. Page 3 (2)
3. Welfare; Ans. Page 3 (2)
4. Environmental protection; Ans. Page 3 (2)
 What is Health and Safety

Health: The protection of the bodies and

minds of people from illness resulting from
the materials, processes or procedures
used in the workplace
Safety: The protection of people from
physical injury
 Definitions used in
Health and Safety
Welfare
Looking after people’s basic needs

Environmental protection
The surroundings in which an organisation operates
including land, air and water, natural resources, flora,
fauna, humans and their inter-relationships

A measure used to prevent harm to the environment

of the world”
 REASONS
FOR
MAINTAINING &
PROMOTING
H&S
 EXAM QUESTION

Identify reasons for maintaining good standards of

health and safety in an organization. (8)
Ans. Page 4

Outline reasons for promoting and maintaining good

standards of health and safety in the workplace.
(8)
Ans. Page 4
MORAL

Injuries & accidents result in pain &

suffering for those affected.
A worker should not have to expect that,
by coming to work, life or limb is at risk.
Nor should others be adversely affected by
the worker’s undertaking.
THE SIZE OF THE PROBLEM
Global statistics from the International Labour Organisation
(ILO) reflect the moral issues:

¤ 2.2 million people die every year

from occupational accidents and
diseases.
¤ There are 270 million occupational
accidents and 160 million
occupational diseases each year
throughout the world.
¤ 4% of gross national product (GNP)
is lost through injury, death and
absence.
SOCIAL
Society expects & demands that we provide a
safe and healthy work environment, without
harm to workers, contractors, self-employed &
the general public.

Health & Safety is further reinforced by the

Civil & Criminal law. Many employers would
not act to protect their employees & others
affected by their work if they did not fear legal
action.
CIVIL LAW
 It is a law made by Judges.
 Also called as the “Law of Precedence”.
 The case is initiated by the claimant.
 The claimant has to prove the case on a
“Balance of Probabilities”.
 Outcomes can be in the form of
compensations and hand outs.
CRIMINAL LAW
 It is a law made by State/Regulatory
Authority.
 The case is initiated by the
State/Prosecution.
 The state has to prove the case
“Beyond reasonable doubt”.
 Outcomes can be in the form of fines,
penalties and imprisonment.
NEGLIGENCE
- breach of a legal duty to exercise reasonable care towards others.
What does this mean?
 Negligence is causing harm to someone to whom you owed a
duty of care.
 It can be because of something you did or something that you
failed to do.
 The harm has to be “reasonably foreseeable”.

The employer has a duty of care towards workers and others by

providing a safe place of work, safe equipment and plant, and
safe systems of work. Negligence may lead to compensation
being paid.
DUTY OF CARE
In order to prove a case against the
employer the claimant has to prove the
following :
 The employer owed the claimant a
“duty of care”.
 The “duty of care” was breached.
 The injury was caused due to the
breach in the ‘duty of care”.
CONTRIBUTORY NEGLIGENCE

The court may decide that the

claimant also contributed to the
accident/injury. This is called
“contributory negligence”. This will
lead to the claim being reduced.
VICARIOUS LIABILITY

The injury may have been caused

by another employee, but the
employer may still be liable. This is
called “vicarious liability”.
 EXAM QUESTION

1. A serious accident has occurred to a worker and

there will be costs to the organization as a result.
i. Identify THREE costs which are likely to be insured. (3)
Ans. Page 7
ii. Identify THREE costs which are likely to be uninsured. (3)
Ans. Page 7
iii. Outline reasons why it is important that an organization
maintains employer’s liability insurance. (2)
Ans. Page 7
ECONOMIC
Accidents at work cost a lot of money. The costs
may be divided as :

Insured Costs
Employer’s liability Uninsured Costs
Product & material
 Public / third party
damage
liability  Emergency supplies
 Contractors all risks  Production delays
 Plant & building damage  Overtime & temp. labor
 Tools & equipment  Investigation time
 Supervisor’s time diverted
INSURED COSTS Vs.
UNINSURED COSTS
Insured
Costs

Uninsured
Costs
 EXAM QUESTION

•Identify possible costs to an organization

following an accident in the workplace.
Ans. Page 6 to 7 (8)
Direct Costs

¤ Lost time of injured worker & any

continued payments to worker or family.
¤ Damage to equipment, tools, property, plant
or materials.
¤ Medical or first-aid costs.
¤ Time & materials to clean up after the
accident.
¤ Insurance, indemnity or compensation
payments.
¤ Court costs.
¤ Fines.
Indirect Costs

¤ Lost time by other workers who stop work or reduce

performance.
¤ Out of curiosity.
¤ Out of sympathy
¤ Weakened morale.
¤ Lost time by supervisor or other managers.
¤ Assisting injured person.
¤ Investigating the cause of the accident.
¤ Arranging for replacement.
¤ Preparing accident reports, attending hearings, inquests
courts.
¤ Loss of production.
¤ Penalty payments.
¤ Bad reputation.
EMPLOYER’S LIABILITY INSURANCE

• To satisfy requirements for employers to carry appropriate

insurance
• So that a worker, who is harmed due to the fault
(negligence) of their employer, is assured of receiving
compensation even though the employer might have
insufficient resources to pay compensation directly
• This form of insurance enables organisations to meet the
costs of compensation and legal fees
• This type of insurance is exerting significant pressure on
employers to improve their standards of health and safety
REGULATORY FRAMEWORKS
There are some basic intentions in every country to protect
people at work.
Most responsibilities rest with the employer. Laws governing
this share behavioral expectations for both the employer and
employee.
The International Labor Organization (ILO) is a UN agency
active in setting health and safety standards based on adopted
principals.

Health and safety is governed internationally by

¤ Conventions (ILO).
¤ Recommendations (ILO).
¤ Protocols (ILO/UN).
REGULATORY FRAMEWORKS - contd
 Some examples of frameworks include:
 C155, the Occupational Health and Safety Convention,
1981, ILO
 - A goal setting policy for companies and nations.

 P155, the Protocol to the Occupational Health and Safety

Convention (C155), 1981, ILO
 - Expands on some provisions for the reporting of
occupational accidents to national authorities.

 R164, the Occupational Health and Safety

Recommendations, 1981, ILO
 - Supplements C155 and gives more detailed guidance on
how to comply with its policies.
 EXAM QUESTION
a.) outline the health and safety responsibilities of employers
towards workers at work.
Ans. Page 8 (4)
b.)Outline the health and safety responsibilities of workers.
Ans. Page 9 (4)

Outline the main health and safety responsibilities of:

• Employers;(4)
• workers. (4)
EMPLOYERS RESPONSIBILITIES
The Employer's Legal Responsibilities to Workers
ILO OSH Convention (C155) states basic obligations for the
employer:
 To provide and maintain safe workplaces, machinery, equipment
and work processes.
 To ensure that chemical, physical and biological substances and
agents are without risk to health when protective measures have
been taken.
 To provide adequate protective clothing and equipment to
prevent risks of accidents or adverse health effects.
Provide measures to deal with emergencies & accidents, including
adequate first-aid arrangements
EMPLOYERS RESPONSIBILITIES
The Employer's Legal Responsibilities to Workers
This is expanded on in Article 10 of R164:
 To provide and maintain workplaces, machinery and equipment and use
working methods that are safe.
 Give necessary instruction, training and supervision in application and use of
health and safety measures.
 Introduce organizational arrangements relevant to activities and size of
undertaking.
 Provide PPE and clothing without charge to workers.
 Ensure that work organization, particularly working hours and rest breaks,
does not adversely affect occupational safety and health.
 Take reasonably practical measures with a view to eliminating excessive
physical and mental fatigue.
 To keep abreast of scientific and technical knowledge to comply with the
above.
WORKERS RESPONSIBILITIES
The Worker’s Responsibilities and Rights
Convention (C155), Article 19 identifies workers obligations to co-
operate with the employer in fulfilling them, as follows:

 Take reasonable care of their own safety and others

affected by their acts or omissions at work.
 Comply with instruction for, own health and safety
and that of others, and safety procedures.
 Use safety devices and protective equipment
correctly, not to render them inoperative.
 Report to supervisor, any situation presenting a
hazard which they cannot themselves correct.
 Report any accident or injury arising in the course of,
or in connection with work.
WORKER’S RIGHTS
Workers have a right to a safe workplace.
Article 19 of C155 adds the following rights:

“There shall be arrangements at the level of the

undertaking under which …”
 Representatives of workers are given adequate information
on measures taken by the employer to secure health and
safety.
 May consult representative organisations provided they
don’t disclose commercial secrets.
 Workers and representatives are given appropriate training
in health and safety.
WORKER’S RIGHTS
“There shall be arrangements at the level of
the undertaking under which …”

 Workers or representatives are enabled to enquire and are

consulted by the employer on all aspects of occupational
safety and health – advisors may be brought in, by mutual
consent.
 Workers should report to immediate supervisor, any
situation believed to present imminent or serious danger
to his life or health. Employer cannot require worker to
return to work when imminent or serious danger to life and
health continues.
EXAM QUESTION
a) Outline the main health and safety
responsibilities of an employer. (6)
Ans. Page 8, 9

b.) Identify actions an enforcement authority might

take if it finds that an employer is not fulfilling its
responsibilities. (2)
Ans. Page 11
ROLE / POWERS OF
ENFORCEMENT AGENCIES

 Enter premises at any reasonable time.

 Take an authorized person if there is an
obstruction in the execution of his duty.
 Examine & investigate.
 Take photographs & measurements.
 Sample or retain unsafe articles & substances.
 Order the testing, dismantling & examination.
 Take possession of items.
 Require answers to questions with a signed
statement, if necessary.
 Inspect & copy documents
 Order a medical examination etc.
Consequences of Non-Compliance
Breach of H&S legislation is usually a criminal offence leading to:
•Enforcement action
– Improvement
– Prohibition
•Prosecution
– Organisation may be fined
– Individuals may be fined or imprisoned
 Other International Standards
International Organisation for Standardisation
•World's largest developer of management standards, for
example:
– ISO 9001 – Quality Management
– ISO 14001 – Environmental Management
– ISO 12100 – Safety of Machinery
•These standards are not "law", they're good management
practice
•They lead to a worldwide common approach to good
management
 Other International Standards

• Internationally recognised standard for

Occupational Health and Safety is
OHSAS 18001
• Compatible with ISO 9001 and ISO 14001
 Sources of Information
Sources can be
• Internal
• External
... to the organisation

List all the internal and external sources

you can think of and discuss them
 Sources of Information
Internal External
• Accident records • National legislation
• Medical records • Safety data sheets
• Risk assessments • Codes of practice
• Maintenance reports • Guidance notes
• Safety inspections • Operating instructions
• Audit reports • Trade associations
• Safety committee • Safety publications
minutes
SOURCES OF INFORMATION ON
NATIONAL STANDARDS
¤ Acts, Regulations & Orders
¤ Used to set out a framework of national standards
of OH & S by means of legislative structure.
¤ Regulatory Authorities And Agencies
¤ Guidance notes, leaflets, codes of practice,
statistics etc.
¤ National Standards & Approved Codes Of
Practice
¤ OSHA 1970
SOURCES OF INFORMATION ON
NATIONAL STANDARDS
¤ National Standards & Approved Codes Of
Practice
¤ Managing Health & Safety in Construction -
CDM 2007
¤ Safe use of work equipment - PUWER 1998
¤ Workplace health, safety and welfare – WHSWR
1992
¤ Official Guidance
¤ Guidance notes issued by regulatory authorities
that are purely advisory and have no standing in
law.
SOURCES OF INFORMATION ON
NATIONAL STANDARDS
¤ Role of the Courts
¤ When a case is heard in court it can provide
insight into the application of legislation to a
specific situation.
¤ Absolute & Qualified Duties
¤ Absolute
¤ Practicable
¤ Reasonably practicable
¤ reasonable
“AS FAR AS IS REASONABLY
PRACTICABLE”
Employers are entitled to balance costs of remedy
against benefits in reduction of risks and if the
benefit is minimal compared to the cost, they need
not carry out the duty.

TIME
TROUBLE
RISK COST MONEY
“AS FAR AS IS REASONABLY
PRACTICABLE”

“As far as is reasonably practicable” is a phrase that

implies that a computation must be made, in which
the Risk is placed on one scale and the sacrifices
involved in the measures necessary for averting the
risk (whether money, time or effort / trouble) is
placed on the other. If it can be shown that there is a
gross disproportion between them, the defendants
discharge the onus on them to take that measure.
Learning Outcomes
¤ 1.1 Outline the scope and nature of occupational
health & safety.
¤ 1.2 Explain the moral, social and economic reasons
for maintaining and promoting good standards of
health & safety in the workplace.
¤ 1.3 Explain the role of national governments and
international bodies in formulating a framework for
the regulation of health & safety.