7. Health, Safety and Environment Law, and Management Systems

Question 1

Key drivers for Health, Safety and Environment Laws/Management systems

Answer 1

1. Protect Health
2. Prevent Injury
3. Reduce Environmental Impact

Question 2

What drives improvement?

Answer 2

1. Avoidance of injury/harm
2. Legal Compliance
3. Cost of Failure
4. Company reputation

Question 3

Insured Costs vs. Uninsured costs of an incident

Answer 3

Insured:
Injury, ill-health, damage

Uninsured:
MAIN: Legals costs/fines, loss of image and morale, increased insurance
Others: production delays, Emergency supplies, site clean up and investigation time, training or overtime, temp labour

Question 4

Criminal Law

Answer 4

H&S at work act - regulations
Environmental Protection Act
Corporate Manslaughter

Question 5

Civil Law

Answer 5

Duty of Care - tort of negligence
Three tests:
- Duty of care
- Breach of duty
- Harm resulted

Question 6

UK Legal Model

Answer 6

UK Parliament =>
Health & Safety at Work Act,
Environmental Protection Act => 
Secretarty of State => 
Regulations

Question 7

EU and UK Legal Model

Answer 7

EU => 
Directives => 
UK Governent =>
Secretary of State =>
Regulations

Question 8

H&S at Work act 1974: Safe Person has…

Answer 8

Information
Instruction
Training
Supervision

Question 9

H&S at Work act 1974: Safe Place has…

Answer 9

Safe Access
Safe Egress
Safe Plant, Systems of Work

Question 10

H&S at Work act 1974: Articles and Substances…

Answer 10

Safe use
Safe handling
Safe storage
Safe transport

Question 11

Employees Dutties

Answer 11

Must take reasonable care of their own H&S, and that of any one effected by their acts or ommisions

An employee must cooperate with their employer so they can carry out statutory duty

Question 12

Doctrine of English Law & Section 40 HS @ Work Act

Answer 12

A person is innocent until proven guilty..
BUT
Section 40: It is up to the accused to prove innocence - every measure was taken by them to avoid incident

Question 13

Duty of Health and Safety Executive (HSE)

Answer 13

Inspect workplacesompanies act 2006
Investigate accidents / cases of ill health
Enforce standards by advising, ordering and prosecuting
Publish guidance and advice
Provide info and Service

Question 14

Environmental Protection Act 1990 & Environment Act 1995

Answer 14

EPA 1990:
Key items of environmental legislation
Basis for other specific regulations
EA 1995:
Established the Environment Agency

Question 15

2 Enforcement Authorities:

Answer 15

1. Environment Agency
   - pollution, water management, flood defence, waste disposal
   - powers of entry and remediation
2. Local Authorities
   - regulate local air pollution processes
   - nuisance

Question 16

Law vs Risk management

Answer 16

Law is aimed at protection of people not property

Risk management places business in control encouraging ownership

Question 17

Risk Management 5 Factors

Answer 17

1. HS & Environment
2. Product safety
3. Property risk
4. Business risk
5. Business continuity

Question 18

Management system general requirements

Answer 18

1. Policy
2. Planning
3. Implementation and operation
4. Management Review
5. Performance Assessment
6. Improvement

Question 19

HS&E increasingly informed and increasing trust and accountability…

Answer 19

1. Pathological- Who cares as long as not caught
2. Reactive- safety is important, do a lot after every incident
3. Calculative- Have systems in place
4. Proactive- Safety and leadership drive improvement
5. Generative - HS&E is the ONLY way (highly reliable organisaitons)

Question 20

Incident immediate causes and underlying:

Answer 20

Immediate:
Person and Job

Underlying:
Organisation and Management

Question 21

Causes of human failure:

Answer 21

Errors => skill based/mistakes

Skill based => Slips/lapses
Mistakes => Rule-based/knowledge

Question 22

3 Types of violations at work:

Answer 22

1. Routine
2. Situational
3. Exceptional