Health, Safety and Welfare for Construction and the built Environment (Unit 6)
2
Building Services Engineering HNC
Health, Safety and Welfare for Construction and the Built Environment
(Unit 6)
Assignment 1
Health and Safety Legislation in the Workplace
Ryan Alexander
28/11/16
Contents Page
1.0 Introduction Page: 3
2.0 Task 1 Page: 4 – 14
3.0 Task 2 Page: 14 – 20
4.0 Task 3 Page: 20 – 27
6.0 Conclusion Page: 35
7.0 References Page:35 – 36
8.0 BCC Health and Safety Policy Page: 37
I am a Health and Safety manager for a medium size construction company. I have produced a report for the director evaluating their current health and safety policy. I have analysed two video clips used for training purposes. I will identify breaches in legislation and show what actions would be needed in order to conform to current legislation. I will give my own professional opinion on current legislation and explain how it is managed on a construction site.
“Every year many construction site workers are killed or injured as a result of their work; others suffer ill health, such as musculoskeletal disorders, dermatitis or asbestosis. The hazards are not, however, restricted to those working on sites. Children and other members of the public are also killed or injured because construction activities have not been adequately controlled.”
Health and safety in construction – page 4
Task 1
After watching the first video the following breaches in health and safety have been identified;
· No site induction/training
· Ladders not tied or supported
· No edge protection
· Holes in floor
· Lack of training
· Unqualified workers altering scaffolding
· Incorrect safety equipment being used
· Bullying
· Poor housekeeping
· Smoking in site office
· No personal protective equipment (PPE) being used
| Issue | Breach | Mitigation |
| Ladder not tied or supported | · Working at heights regs 2005
· Health and safety at work act. Section 2 |
· Firm and stable ground and securely tied as per working at height regs 2005 |
| Lack of training, poor induction | · Health and safety at work act section 2
· Not effective due to poor attitude |
· Sign in and register to confirm induction and relevant training have been undertaken. |
| No edge protection | · Work at height regs 2005 Schedule 2 – Requirements for guardrails, toe-boards, barriers and similar collective means of protection. | · Correct edge protection should be placed as to prevent, so far as reasonably practicable, the fall of any person, or of any material, or object, from any place of work. |
| Holes in floor | · Working at height regs 2005 Schedule 2 – Requirements for guardrails, toe-boards, barriers and similar collective means of protection. | · Correct edge protection and adequate flooring should be placed as to prevent, so far as reasonably practicable, the fall of any person, or of any material, or object, from any place of work. |
| Unqualified workers altering scaffolding | · Health and safety at work act 1974
· Working at height regulations 2005 |
· Ensure that all scaffolds are designed, erected, altered and dismantled only by competent people and the work should be carried out under the direction of a competent supervisor as per the Working at height regulations 2005. |
| Incorrect safety equipment being used | · Health and safety at work act 1974
· The Provision and Use of Work Equipment Regulations 1998 (PUWER) |
· You should ensure that any work equipment you provide should be suitable for use, maintained in a safe condition and inspected to ensure it continues to be safe to use.
· Make sure employees have the knowledge they need to use and maintain equipment safely. |
| Bullying | · Health and safety at work act 1974 | · Devise and implement a bullying and harassment policy which is signed off and endorsed by senior managers and what constitutes unacceptable behaviour. |
| Poor housekeeping | · Health and safety at work act 1974 section 7 | · Up to date health and safety information given on site induction |
| Smoking in site office | · Health and safety at work act 1974 | · Smoking is not permitted In public places so a designated smoking area must be provided (identified on site induction) |
| No PPE being used | · Health and safety at work act 1974 sections 8 and 9
· Personal Protective Equipment regulations 2002 and the Personal Protective Equipment at work Regulations 1992. |
· Appropriate PPE must be used at all times. Check regularly that PPE is being used. If it isn’t, find out why not.
· Safety signs around site can also be a reminder that PPE should be warn. · Take note of any changes in equipment, materials and methods – you may need to update what PPE you provide. · The Personal Protective Equipment Regs 2002 and the Personal Protective equipment at Work Regs 1992 (as amended give the main requirements. |
Here are some pictures taken from the video showing some of the issued and breaches which have been identified.
Ladder not tied or supported. Holes in floor (no guard rails)
No edge protection Unqualified workers altering scaffolding.
Offences – Section 33 state that offences under the HSW Act Or Regulations attract a maximum fine of £5000 if tried on summary conviction in a magistrates court. Exceptionally this is a maximum of £20,000 for breaches of sections 2 and 6 (general duties) and £20,000 and/or 6 months imprisonment for contravening a prohibition notice.
“It shall be the duty of every employer while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work” (Health & Safety at Work Act 1974; page 10)
The mitigation required to be undertaken in order to bring this health and safety briefing up to standard should be first and foremost to provide all staff with complete health and safety training during their induction. This will include site rules, correct use of equipment and correct use of valid method statements and risk assessments. All subcontractors before beginning work must have correct, general risk assessments and method statements. New risk assessments and method statements must be constantly devised throughout the duration of the job for specific tasks, before they commence. The subcontractor must provide the correct equipment that is correct for purpose and in suitable working condition that must be checked at regular intervals throughout the job (in this case this would include ladders, power tools and specialist tools for working on scaffolding etc.). Sub- contractors must also ensure that all workers have the correct PPE in suitable working condition. This should be policed by the main contractor who should have operatives performing regular walks around site checking that everyone is abiding by site rules. An appropriate disciplinary procedure should be put in place and enforced by the main contractor up to and including removal from the building site. It is the main contractor’s responsibility to ensure that everything is done so far as reasonably practicable to prevent any injury from occurring on their building site.
Codes of practice
An approved code of practice is not a legal document and does not have to be followed. However, it is a guide to good practice and by following it you can assure that you are meeting the law and current regulations. In this day and age responsibility for health and safety travels up the corporate ladder, and it has been known for company directors to be sued or in some cases put in prison for negligence and corporate manslaughter when a dangerous event has occurred on a building site that has been deemed as being avoidable. Therefore, it is in the best interest a company’s management to strongly enforce health and safety rules and make sure that their procedures are in line with current legislation.
“This guidance is issued by the Health and Safety Commission. Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.”
The codes of practice that should be followed in order to bring this sites health and safety policies in line with the relevant legislation are:
· Construction (health, safety and welfare) 1996 approved code of practice
This approved code of practice explains what a duty holder’s roles and responsibilities are towards their employees in the construction industry in regard to working conditions such as lighting, welfare facilities and various other health and safety involved in the construction industry. In short it states what you must provide employees with to reach the current legal standards.
Construction (Health, Safety and Welfare) Regulations 1996 Approved Code of Practice
· Management of health and safety at work regulations approved code of practice and guidance 1999-
This approved code of practice is meant to provide guidance on the duties and responsibilities of employers, managers and supervisors. It explains their legal duties under the Management of health and safety at work regulations (1999). It gives in depth advice on risk assessments and ways of protecting employees as far as reasonably practicable in the work place as well as the correct procedures to follow in the event of a dangerous situation.
Management of Health and Safety at Work Regulations 1999 Approved Code of Practice & guidance
· Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended)
Approved Codes of Practice and guidance
This approved code of practice goes into detail on the Safety Representatives and Safety Committees Regulations (1977) and the Health and Safety (Consultation with Employees) Regulations (1996). It explains how these two sets of regulations affect the work place and what your duties are as an employer/manager to not be in violation of them as well as what the law states your employees and their representatives can expect from you.
Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended) Approved Codes of Practice and guidance
Penalties for non-compliance
As mentioned earlier people involved in a company can be prosecuted if the health and safety has been severely breached and they can be proved to be held responsible. The penalties incurred by a person if they are found guilty of an offense breaching the health and safety at work act in a court of law can be a fine up to £20,000 and/or up to 2 years’ imprisonment. This is policed by governing bodies such as the Health and Safety Executive (HSE) on behalf of the government and the Construction (Design and Management) Co-ordinator is there to provide advice to the client.
Section 33 of the HSW Act 1974 states that offences prosecuted under the HSW Act or Regulations attract a maximum fine of £5000 if tried on summary conviction in a magistrates court. Exceptionally this is a maximum of £20,000 for breaches of sections 2 and 6 (general duties) and £20,000 and/or 6 months imprisonment for contravening a prohibition notice
Health and Safety (Offences) Bill – retrieved from http://www.publications.parliament.uk/pa/cm200708/cmbills/029/2008029.pdf
Breaches of Health and Safety
If a HSE inspector considers that a health and safety law is being broken, or activities give an increased possibility of a serious risk, they can
· Issue an informal warning, verbally or in writing
Where the breach of the law is relatively minor, the inspector may tell the duty holder what he needs to do in order to comply with the law.
· Issue an improvement notice or prohibition notice
Where the breach of the law is more serious, the inspector may issue an improvement notice to tell the duty holder to do/improve something to comply with the law. The notice will tell the duty holder what needs to be done, why, and by when (at least 21 days). The inspector can take further legal action if the notice is not complied with within the specified time period.
· Prohibition notice
Where an activity may or does involve, a risk of serious or personal injury (or worse), the inspector may serve a notice prohibiting the activity immediately and not allowing work to be resumed until suitable remedial action has been undertaken.
This may result in the whole site being closed down.
· Prosecute the company or individuals
Health and safety law gives the courts considerable scope for punishing offenders and deterring others.
The maximum penalty possible under the health and safety legislation depends on the offence.
For example, a failure to comply with an improvement or prohibition notice, or a court remedy order, carries a fine of up to £20,000, or six months imprisonment, or both.
As of 12th March 2015 all breaches of the health and safety at work act carry a minimum consequence of an unlimited fine and/or 6 months imprisonment at Magistrates Court and an unlimited fine and/or 2 years imprisonment at Crown Court.
Below is an example taken from the prosecution website.
http://www.hse.gov.uk/prosecutions/breach/breach_details.asp?SF=BID&SV=4448081001
Case number 4448081 happened in the Northampton area and shows the case details where an employee sustained fatal injuries after falling through a roof.
The case did result from the investigation of a fatality so we can presume the person either died or sustained life changing injuries.
It shows that Health and Safety At Work Act 1974, Section 2, Sub Section 1 was breached. This case ended up being taken to Northampton Crown Court where the defendant “A-Lift Crane Hire Ltd” were found guilty and a fine of £83,300.00 was awarded and £21,500.00 awarded to the HSE.
Below are two more examples of similar breaches for comparison.
http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN&SV=4363194
| Montway Limited – Prosecution of HSWA 2(1) relating to roof work without scaffolding, an incident involving a man falling off a roof and suffering serious injuries, and a subsequent site inspection. | |||
| Offence Date | 19/02/2013 | ||
| Total Fine | £144,000.00 |
http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN&SV=4439772
| Fatal accident. Employee fell through an unprotected fragile roof light whilst. Inadequate supervision. | |||
| This case did result from the investigation of a fatality | |||
| Offence Date | 13/06/2014 | ||
| Total Fine | £120,120.00 |
If we compare punishments for each of the examples above it shows three different figures £83,300, £144,000 and £120,120 with an average total fine amount of £115,806.67.
As you can see as there is no minimum or maximum limit on punishments handed out some can be very severe and act as a good deterrent to stop people breaching health and safety regulations. The fact there is no minimum or maximum fine and each case is judged on an individual basis is a good thing as until recent times tradesmen and other such workers have suffered the consequences of inadequate health and safety.
Over the years many have been injured or died due to poor health and safety enforcement by their superiors, and it is only due to modern day legislation that duty holders can be prosecuted. This ensures that duty holders will do all that is reasonably practicable to protect their employees from dangerous occurrences at work as they are now accountable. This is proven as accidents and deaths in the work place are now more uncommon than they were during my grandfather’s time in the building trade and I believe that the stricter rules and legislation have played a large part in this. These punishments can be imposed on both the company and individuals within the company. Lower level offenses will be dealt with in a magistrate’s court, where they are likely to receive a lesser punishment whereas more serious offenses will be dealt with in crown court with the likelihood of a more severe punishment. We believe that an unlimited fine is a good idea as the fine can be tailored to suit individual companies; For example, a £60,000 fine may bankrupt smaller companies whereas to a large National company this punishment would not be anywhere near great enough. We believe that the punishments are severe enough and that it is a good thing individuals can be fined or given a custodial sentence. We believe that this will serve its purpose as no one wants to go to prison or financially damage their company and will therefore go to great lengths to ensure they comply with the health and safety recommendations. The down sides to these punishments are that they can result in long, drawn out court case that can work out very expensive. This can result in a large amount of tax payers money. As you can see in the first case study above, the original incident occurred on 01/08/2013 and the hearing at crown court was made almost three years later on 29/06/2016.
To summarise we believe that the punishments are of the right severity and are on the whole very suitable despite being both financially and time consuming, and our company shall ensure that they stick very closely to their health and safety protocols to avoid the punishments for non compliance.
2 – Welfare Facilities
It is a legal requirement for adequate welfare facilities to be provided for employees. I will now go into detail on what legislation governs this and the people responsible for providing this. This report will also discuss the types of welfare provisions required and the consequences the action for not complying with the legislation. The main legislation that affects welfare is:
· The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of basic health, safety and welfare issues (with the exception of those workplaces involving construction work on construction sites)
· Health and Safety (Miscellaneous Amendments) Regulations 2002
· Management of H&S at Work Regs 1999
· Secondary Technical Guidance
· Construction (Design and Management) Regulations 2015 – EU Directive 92/57
Everyone who works on any site must have:
· Access to adequate toilet and washing facilities
· A place for preparing and consuming refreshments
· Somewhere for storing and drying clothing and PPE
If mobile teams work at a number of locations over a few days (eg road repair and cable-laying gangs), these facilities can be provided at a central location accessible within a reasonable distance or time.
Decisions and action on welfare Facilities need to be taken at an early stage of project planning.
Clients responsibilities
It is the client’s responsibility to ensure the contractor provides suitable welfare facilities from the beginning to the end of the project. A good contractor should have included the cost of the welfare facilities in their quotes and should have professionals employed with the correct knowledge and experience to know what complies with the welfare legislation. It is the responsibility of the client to ensure that the contractor has the relevant welfare facilities in place and to seek guidance on the contractor’s welfare facilities if they do not have the relevant knowledge themselves. Nor should they look at welfare as a means of saving money from an original quotation. The contractor is responsible for the maintenance and upkeep of the facilities and expects the employees to take a share in their responsibilities by not damaging the welfare facilities and helping to keep them clean and tidy. The types of welfare required are:
Toilets:
Ideally flushing toilets with running water, connected to a main drain are required; however portable toilets are acceptable if running water toilets are not achievable. Portable toilets must be emptied once a week and have the ratio of 1 toilet for every 7 workers using it. A sufficient amount of toilet rolls should be provided. Male and females can use the same toilets as long as there are fully partitioned walls with lockable doors. Must be well lit and ventilated
Washing Facilities:
Washing facilities should be near toilets and changing areas, they should have a supply of both hot and cold water and sufficient soap and a means of drying should be provided. Sinks should be large enough to wash face and hands. Separate specialist showers should be provided for particularly dirty or contaminated work if it is applicable.
Drinking water:
A supply of clean drinking water should be readily available. A means of drinking such as cups should be provided unless water is supplied in a drinking fountain with an upwards jet.
Changing rooms and lockers:
Men and women should have available facilities to change separately and a suitable secure place such as a locker room (or site office on smaller sites) should be available to store clothing not currently worn. There should also be facilities to dry wet clothing (it is not acceptable to place clothing directly onto a heater due to the fire risk.
Rest facilities:
Should provide shelter, with adequate numbers of seating and heating facilities for food and drink. These areas must not be used to store plant or equipment. Smoking is not permitted in public places so a designated smoking area must be provided. Rest facilities will require heating. This should be done in the form of well-maintained electrical heaters or the safe use of LPG cylinders. Rest rooms or rest areas are required to be equipped with tables and seating (with backs) sufficient for the number of persons likely to use them at any one time. There should be arrangements for meals to be prepared and eaten, plus means for boiling water.
Provision of Welfare facilities during construction work HSE information sheet
Types of ill health that could occur from poor welfare facilities:
These are just a few reasons as to why decent welfare facilities must be provided in order to prevent
· Hypothermia – if no drying rooms are provided during wet weather
· Back problems – prevention of long term back problems by providing seats with backs
· Sickness and diarrhoea – if no facilities to wash hands with warm water and soup to kill germs
· Legionnaires disease – if inadequate drinking water is provided
The approved code of practice gives a minimum number of facilities:
(the number of people at work shown in column 1 refers to the maximum number likely to be in the workplace at any one time)
Number of toilets and washbasins for mixed use (or woman only):
Toilets used by men only;
http://www.hse.gov.uk/contact/faqs/toilets.htm
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http://www.ppconstructionsafety.com/files/welfare7.jpg
Contractor responsibilities
· The contractor must provide adequate welfare facilities.
· Contractors must maintain these facilities throughout the life of the project.
Employees responsibilities
· Employees are as responsible as employers for maintaining welfare provisions in reasonable condition.
· Leave them as you would expect to find them and inform your supervisor if they are unsatisfactory
If a HSE inspector has reason to believe that welfare rules are being broken they have the duty to resolve it. This can be done in the form of an informal warning for minor breaches (either verbally or in writing), the issue of an improvement or prohibition notice or in more serious cases prosecute the company or individuals within it. An improvement notice is issued to tell the duty holder to make a change with reasons why and a date this has to be achieved by. If this is not complied with legal action will be taken against the duty holder. A prohibition notice can be serve when an activity occurs that a HSE inspector believes could potentially cause serious harm. The activity is to be immediately stopped and not resumed until remedial action has taken place and can sometimes result in the closing down of the site. Failure to can this can result in a fine of up to £20,000 and/or six months imprisonment but unlimited fines and longer imprisonment can be imposed by higher courts if the breach is serious enough. Analysing this I believe this to be a fair punishment to companies and their management staff as it is the basic rights of an employee to have adequate welfare. In years gone by the workers had very little powers or rights with regard to their welfare as their employers held all of the cards and were able to save money at the expense of the happiness and health of their employees. Current legislation prevents this from happening today and although the HSE are sometimes seen as a nuisance by slowing projects down and therefore costing money, the job they do has considerably improved building site welfare over recent times.
Here is an example of breaches in welfare provisions taken from the prosecution website;
http://www.hse.gov.uk/prosecutions/breach
J3 building solutions LTD
| Offence Date | 30/11/12 |
“Welfare Provisions
The provision of suitable and sufficient staff welfare arrangements and environmental conditions are important factors under health and safety legislation and have a significant impact on staff morale and productivity. All Directorates are to regularly review their staff welfare provision, particularly in small and outlying sites, to ensure that sufficient rest, toilet, working, changing and drying facilities are in place. Welfare facilities must comply with the Workplace Health, Safety and Welfare regulations 1992 (as amended) and any applicable Bristol City Council Policy , Arrangement and/or procedure.”
Bristol City Council corporate health safety and welfare policy (page 19)
Task 3
Bristol Council Health and safety policy statement (see page 37)
The HSE states the requirements of a good health and safety policy should describe how you will manage health and safety in your business. By doing this it will let your staff and others know about your commitment to health and safety. This will be your health and safety policy. It should clearly say who does what, when and how.
Bristol City Council attributes the utmost importance to the health, safety and welfare of its employees and those for whom it provides a service. It also fully accepts its responsibilities not to endanger the employees of other employers or members of the public and is totally committed to the creation and maintenance of a positive health and safety culture throughout the organisation
BCC policy is not over complicated or time-consuming which is exactly what the HSE state in their recommendations
It covers
· The statement of general policy on health and safety at work
· Who is responsible for specific actions
· What it going to be done in practice to achieve aims set out
It is good that Bristol City Council’s statement will be regularly reviewed and any revisions brought to the notice of employees and others as the HSE states that a policy is only as effective if you and your staff follow it and review is regularly.
Training and inspections of plant and equipment
BCC will take every reasonable measure, including the provision of adequate resources by providing and maintaining safe working system, plant and equipment. Managers considering the purchase of new or second hand machinery or its hire must carry out a hazard analysis of the equipment’s intended use, training and maintenance requirements before purchase/hire. Where new machinery/plant/equipment is likely to have any significant effect on health and safety. Trade union safety representative must be included in the assessment process.
This is all in accordance with PUWER Regulations 5 and 6 which states that all work equipment must be in efficient state, efficient working order and well maintained. The employers, the self-employed and people who have control over work equipment (plant hire companies) all have a duty of care to ensure all equipment is in good working order (PUWER reg 3)
BCC also takes into account LOLER Regulation 9 which states that before using lifting equipment for the first time by an employer, it must be thoroughly examined for any defect unless the lifting equipment has not been used before, an EC declaration of conformity has been received or made not more than 12 months before the lifting equipment is put into service, it is obtained from another undertaking, it is accompanied by physical evidence of examination.
Reporting accidents
It is the company policy for accidents and near misses to be reported so that the correct procedures can be put into place to prevent similar incidents from occurring in the future. Any accidents that occur must be recorded in both the BCC and the other relevant contractor’s accident book. The BCC management must fill out an Accident and dangerous occurrence (ADOR) form whenever a serious accident or near miss occurs. Every incident that occurs during a project will be investigated but the level of investigation will vary on the severity of the incident and near hits/misses are reported by the filling in of a near hit card which will be reviewed by management and appropriate action taken. Once the incident is reported it is dealt with by the BCC managers by passing on the reports to the specially trained staff.
Induction
All Employees must receive an induction before they begin work on a new project. This includes the provision of PPE, Site rules, information on the site facilities (such as canteens and toilets), an explanation of the fire and emergency procedures, an introduction to their line managers and information on who are first aiders as well as the first aid procedures. Management control the induction procedure by keeping detailed induction records of each person and have a strict policy that every person that works on the site is inducted with no exceptions.
Training
BCC recognises its responsibilities for training in health and safety for all
employees. Staff and managers must co-operate in undergoing such training as is required.
Regular health and safety seminars will be help to bring strategic directors, service directors. Elected members and safety representatives up to date with legislation, the latest thinking by the health and safety executive, trends and employment issues affecting health, safety and welfare
Contractors and sub contractors
The employment of suitable subcontractors is extremely important as BCC and in some cases individuals can be answerable for health and safety breaches committed by third parties during work for the council. Every contract must contain a provision that the contractor, and any subcontractors, will adopt safe methods of work, and will comply with the Health and Safety at Work Act 1974 and all other legislation on the subject including where appropriate the Management of Health and Safety at Work Regulations and the Construction (Design and Management) Regulations (CDM Regulations). They should also be required to comply with any relevant Council policy on the subject. It is the responsibility of the contract
initiator to make sure the contractor is provided with all relevant council policies and to ensure that any appropriate restrictions on sub-contracting are made clear.
incident and violence reporting and recording
all incidents (including damage to articles of property), dangerous occurrences, near misses and acts of violence towards staff must be reported to the corporate safety advisor and a incident/violence reporting form.
Personal Protective Equipment (PPE) and clothing
This will be provided by BCC for use on appropriate occasions or circumstances as detailed by the risk assessment. It is provided at no cost to employees. All work equipment/clothing must be assessed for suitability both for the task and the individual for whom it is provided.
COSH
A COSHH assessment is a risk assessment of the dangers of working with hazardous solids, liquids, dusts, fumes, vapours, gases or micro organisms. All substances used by staff must be subject of a COSHH assessment prior to use.
Risk assessments
the management of health and safety at work regulations 1999 require the city council to assess the risks to staff and all others and all others affected by its activity. Risk assessments must identify the hazards associated with work, who may be harmed and include an evaluation of the level of risk in terms of likelihood and severity. Action must be then taken to eliminate the hazard or reduce it to such and extent by the use of risk control measures and the development of safe systems of work, that will ensure the level of risk is as low as reasonably practicable.
Welfare provisions
The provision of suitable and sufficient staff welfare arrangements and environmental conditions are important factors under the health and safety legislation and have a significant impact on staff morale and productivity. All directorates are to regularly review their staff welfare provisions, to ensure that sufficient rest, toilet, working, changing drying facilities are in place.
Working environment
The maintenance of a safe and healthy working environment for employees of the council is fundamental to the policy. Current best practices will be applied, so far as reasonably practicable, in all council workplaces.
Fire and emergency procedures
All employees are responsible for ensuring that they are fully aware of the fire and emergency procedures. Procedures will be rehearsed so that staff will be aware of their content
First aid
There is a general duty on the city council to ensure that there are sufficient numbers of trained first aiders, suitable equipment and facilities available to provide adequate first aid to be carried out. Qualified first aiders will receive remuneration in recognition of their qualifications. The payment will cease if the first aiders accreditation lapses.
BCC pride themselves in being a very health and safety conscious company. They ensure compliance with legislation and approved codes of practices as a bare minimum but aim to surpass these standards. They do this by setting goals and objectives to constantly improve their health and safety performance as well as clearly defining roles and responsibilities so that each employee knows what is expected of them in terms of health and safety. Their health and safety policy lists the roles and responsibilities of each level of management right the way through to standard employees and they encourage regular feedback to help update their health and safety procedures.
Their arrangements for health and safety include:
· The appropriate use of a Health and Safety management system which as mentioned earlier strives to continuously update the BCC health and safety policy and procedures. It does this by organising the health and safety procedures such as training and tool box talks as well as giving management easy access to any health and safety legislation or approved codes of practice that they may need.
· Regular Health and safety training for all its employees in the form of training days, tool box talks and online courses all of which up to date records are kept.
· Accident investigation and reporting
· Only contractors that hold health and safety in high regard are considered for employment by BCC
· A detailed procedure on risk assessments and method statements
The major incident procedure is strongly enforced through all levels and the health and safety policy goes into great detail for the roles and responsibilities for people of a lot of employment levels even to the extent of a line by line breakdown of what people should say on the phone during an emergency, who, on what number and in what order people should be called and several backups in case that person is unavailable.
Policies:
· Reporting Accidents:
It is the company policy for accidents and near misses to be reported so that the correct procedures can be put into place to prevent similar incidents from occurring in the future. Any accidents that occur must be recorded in both the BCC and the other relevant contractor’s accident book. The BCC management must fill out an Accident and dangerous occurrence (ADOR) form whenever a serious accident or near miss occurs. Every incident that occurs during a project will be investigated but the level of investigation will vary on the severity of the incident and near hits/misses are reported by the filling in of a near hit card which will be reviewed by management and appropriate action taken. Once the incident is reported it is dealt with by the BCC managers by passing on the reports to the specially trained staff in the SHE department of the head office.
· Accident Book
Contains duplicate forms which are passed to the person in charge to investigate and add comments if appropriate
· RIDDOR Form
Any injury or accident requiring hospital treatment or causing a person to be unfit for normal duties for more than 7 days
Induction:
All Employees must receive an induction before they begin work on a new project. This includes the provision of PPE, Site rules, information on the site facilities (such as canteens and toilets), an explanation of the fire and emergency procedures, an introduction to their line managers and information on who are first aiders as well as the first aid procedures. Management control the induction procedure by keeping detailed induction records of each person and have a strict policy that every person that works on the site is inducted with no exceptions.
Training:
The BCC Health and safety policy gives the impression that the company prides itself in the health and safety training of its employees. The company human resources department keep detailed records of all employee health and safety training. The responsibility has been delegated to line managers to ensure all staff working under them have received appropriate training. Regular health and safety seminars will be held to bring Strategic Directors, Service Directors, Elected Members and Safety Representatives up-to-date with legislation, the latest thinking by the Health and Safety Executive, trends and employment issues affecting health, safety and welfare. Usually delivered via the Corporate Safety Consultative Committee. Any specialist training related to a project should be performed in the planning phase which ensures training can take place long before the job specific hazards are present. The company states that they consider the training of their staff as an investment.
Inspection of plant and equipment:
All plant and equipment should be checked it is in safe working order each time it is used; this is the responsibility of the equipment user. An employee must not operate plant or equipment without the relevant permission and training. Any defects in plant or equipment must be reported promptly to a supervisor or manager and operation of it should stop immediately. All equipment and plant must be stored in a safe and correct manner when it is not in use. Management deal with this by ensuring all plant equipment has to be signed fit for use by a manager or supervisor on a weekly basis. The management delegate responsibility to the employees to check that the equipment they are using is in a safe condition for use.
This health and safety policy is very good as it goes into great detail on a wide variety of subjects and it is apparent that BCC pride themselves on taking health and safety very seriously. The policy is 22 pages long and explains in depth procedures on a wide variety of scenarios and I believe that a great deal of very relevant information is included in this policy. Legally it is very good for BCC as should something go wrong they have covered themselves, also it will help them win jobs as it gives the company the impression of being very professional and well ran. The regular updates of the policy and regular updates to employee training shows a good attitude to health and safety as new risk are constantly appearing and are shown to be being dealt with.
4- VIDEO 2
For Video 2, I will explain what training off staff will be required for general site workers and for the MEWP operators.
MEWP Operators
Employees must not use a MEWP unless they are holders of a current, valid international Powered Access Federation (IPAF) PAL card, suitably experienced and fit to undertake the tasks required of them.
Training requirement for MEWP operators;
· Site induction
· Valid CSCS card
· International powered access federation (IPAF) PAL (Powered Access License) card
· To prevent the collapse of a MEWP the operative must undertake daily checks and must ensure that correct outriggers are being used.
Legislation involved
· LOLER
· PUWER
· H&S At Work Act 1974
· CDM 2015
· H&S At Work Regs 1999
Before using any MEWP
· The operator must be trained and qualified
· Carry out all preoperational checks
· Check data plate (don’t exceed max load)
· Tyre and wheel checks
· Jacks and outriggers
· Check lifting mechanism (cracks, rust)
· Battery, fuel fluid checks (no leaks)
· Ground controls (emergency stop)
· Platform controls
· Check outdoor conditions beforehand weather/(ice on floor etc)
· Follow safe work procedure
· Signs are in place below and cordoned off (in case of objects (tools, materials) falling from height
Before starting work onsite, it is the employer’s responsibility to undertake a risk assessment and provide training to meet potential hazards that might occur onsite this might take place on the site induction or a toolbox talk. This could be to prevent the overturn of a MEWP e.g the MEWP operator must be briefed on ground conditions and agreed access routes around site.
During toolbox talks it is key to highlight potential hazards e.g hazard identified as falling object from height which could effect operatives/general workers. During the toolbox talk the hazard will be identified, what work is going on and why the area has been segregated and that nobody should be working underneath.
Poor ground conditions and incorrect use of outriggers can cause accidents. Up to 80% of a machines weight can rest on one wheel or outrigger and the incorrect use of spreader plates causes instability. With the weight of some machines rising to 20 tonne it is extremely important that this is adhered to and the load is spread.
The risk assessment handout states that;
When mobilising MEWP to work location considerations must be given to the route/method which will be used to move a MEWP to and from is designated work location. The route and method must be approved in order to not cause risk/damage to the operator, workforce, pedestrians or building fabric.
Any MEWP owned by the company will appear on the asset register and be regularly inspected and maintained in accordance with the Lifting Equipment and Lifting Operations Regulations (LOLAR) 1998. Before the operation/use of a MEWP it must be visually checked by a holder of the IPAF licence who will also check that it has been fully inspected under LOLAR.
You must not use a MEWP on uneven, slippery, sloping or soft ground. The ground may have to be compacted and levelled in advance; check that all the tyres are properly inflated. Any outriggers are to be extended and choked as necessary before raising the platform. Check the work area for localised features, e.g. manholes, potholes, temporary covers, service ducts ect.
If the equipment fails then support staff must be trained to know what to do if the machine fails with the platform in the raised position. There must be an agreed and understood rescue plan that will safely recover workers from a raised platform.
A MEWP should not be moved with the platform in the raised position under any circumstances unless the equipment is designed to allow this to be done safely (check the manufacturers instructions)
To prevent falls from platforms operators are to wear a full restraint lanyard and harness attached to the platform. Allowing people to climb out of the carrier (i.e. the basket or cage) whilst in the raised position is not recommended. There should also be no over-reaching. Operators must maintain both feet on the working platform. Steps or any other form of podium are not to be used.
You should not overload or exceed the specified loading rating of the MEWP. Always bare In mind the combined operators weights, plus their tools and the weight of any materials used.
The identification of any overhead obstacles will be included in the risk assessment undertaken prior to use In order to reduce risk of contact with overhead obstacles.
All MEWPS should be provided with guard rails and toe boards or other suitable barriers. The working area must be must cordoned off wherever necessary in order to minimalize the possibility of objects falling and hitting people on floor level.
You must wear Personal Protective Equipment (PPE) and sturdy footwear in order to reduce risk or personal injury.
Using the MEWP as a crane is forbidden.
You should never work at height in storms or strong winds. All operators should know when further operations would be unsafe.
Training requirements of other site workers;
Site Manager
· Site Induction
· Valid CSCS card
· First Aid course
· Site Manager Safety Training Scheme (SMSTS) course
· Health and Safety course
· May also have done IBOSH and/or NEBOSH courses
Crane Driver:
· Site Induction
· Valid CSCS card
· Crane driving license
· HGV license
Steel Workers:
· Site Induction
· Valid CSCS card
· IPAF course
· Harness training
Slinger/Signaller
· Site Induction
· Valid CSCS card
· Slinging and Lifting course
Lift Supervisor
· Site Induction
· Valid CSCS card
· Approved Person (AP) course
It is the responsibility of the Main Contractor to ensure that all workers have had the correct training before work begins. This is done by ensuring everyone has the relevant CSCS card, receives an in depth site induction on their first day. They must then check with the sub-contractor that everyone required has had specialist training if their job role requires them to do so. In the situation in Video 2 the contractor must ensure that all work complies with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) as well as other relevant legislation such as HASAWA. The equipment used in the video must meet the following criteria:
➤ strong and stable enough for the particular use
➤ positioned and installed to minimize any risks
➤ used safely, that is the work is planned, organized and performed by competent people
➤ subject to on-going thorough examination and, where appropriate, inspection by competent people
Lifting Operations and Lifting Equipment Regulations (1998) page 1
An effective site induction programme will help to reduce risks on a building site. It benefits those inducted in several ways which I will evaluate. It raises awareness of health and safety issues; by making people aware of risks and hazards they can spot them easier than someone who has not been made aware so are therefore less likely to injure themselves or others and can take action to report or minimise the risk/hazard themselves (if they have sufficient training to do so). This will benefit all working on site as a work force trained in health and safety is likely to work as a team to reduce hazards which will protect the less experienced workers who are most likely to be involved in an accident. During the site induction, everyone should be informed on the correct ways to work and what is deemed to be a dangerous activity. By being made aware of these workers are less likely to work in an unsafe manner especially if they know the repercussions of their actions. A common way of doing this is by showing photographs of unsafe work and some of the consequences (such as injuries) that have occurred from this.
Inductees are informed on the correct procedures to follow during an incident and other relevant information such as fire escapes and who the first aiders are. This will enable people to act quickly and efficiently without panic in the event of a health and safety incident. This is a good thing as panic and the wrong action during an incident can make the situation much worse and needlessly endanger more people. It should explain site rules and why they are in place as well as giving responsibilities to the inductee personally.
A site induction is a legal requirement enforced by the HASAWA and the CDM regulations. Before starting work the employee must sign the induction register to make sure they understand. It fulfils a company’s’ Corporate-social Responsibility and legally passes responsibility onto the inductee by them signing to say they have received the induction. This is beneficial to the contractor as should an incident occur they have fulfilled all of their duties which will protect them from being prosecuted in court. A downside of site inductions are that they are time consuming and work out expensive as inductees will still be paid for their time which comes out of the sub-contractors budget. A good sub-contractor will take this into account when they are pricing for the work. It costs the main contractor the money for the inductors time as well as for any materials used. It is not uncommon for inductees to switch off during an induction and simply sign that they have received it without taking anything in. Therefore it is important for the person giving the induction to be well trained, hold the attention of everyone involved and involve them as much as possible so that inductees take on board what has been said. Common problems with inductions are that they can be generic and scripted so it is important that they are adapted for each site and the current hazards that the workers will be facing. They can have problems with language barriers; this is becoming an increasing problem due to more and more foreign workers being employed. I feel that in the future it will be a subcontractor’s duty to provide suitable translators to ensure the safety and compliance of its non-English speaking workers.
A typical site induction will include relevant information on:
· H&S policy of the company
· Summary of the H&S system and rep
· Information about where information is
· Outline employee responsibility
· Accident reporting procedure
· Fire and emergency procedures
· Risk assessments and safe systems of work
· Welfare provision and expectations
· Walkways and transport routes
· Notice boards
· Waste disposal
· Recycling
· Storage facilities
· PPE and maintenance procedures
· Manual handling techniques
· COSHH
· 110v and 240v power
· PPE
· Working at height
Below is an example of an induction training checklist
https://www.citb.co.uk/global/publications/2015-16%20g%20forms/csk-ge700-2015-ga12.pdf
CSCS cards provide proof that individuals working on construction sites have the required training and qualifications for the type of work they carry out. Each card shows a different level of competence.
For example if someone onsite has a lower level card then they might require more training than someone with a higher level card.
The CSCS scheme is where a worker must take a health and safety test relevant to their role on a building site. When this test is successfully passed the person can then be issued with a colour coded, photo ID card stating their name and qualifications. A person must have a valid CSCS card in order to work on a building site and it is required during the site induction where a photo copy is usually taken. The scheme began in 1995 with the aim of improving the quality of workmanship while at the same time reducing the number of accidents. It ensures that everyone has sufficient knowledge of health and safety to perform their job role safely. CSCS cards have a “smart computer chip” in them; this makes the cards harder to fake by using an inexpensive smart card reader. In the future it is planned that the CSCS smart cards will be used as keys to storage facilities, turn styles, gates and mobile plant equipment. This will lead to a much safer site as this will stop unauthorised and untrained people from accessing areas and equipment that they are not supposed to. This will further ensure that everyone performing a task is fully trained to do so.
Conclusion
I conclude in this report that Bristol City Council have a very strong health and safety policy. They take health and safety very seriously and they have a very professional policy that covers a wide array of situations in great depth. I was surprised by the detail the policy covered and have been unable to pick a fault with it. They seem to go above and beyond industry standards and seem to be heading the right way about leading the industry in health and safety as they state is their aim. The first video I evaluated was obviously filmed years ago and although all the relevant messages were conveyed I feel that a modern day video would be taken more seriously by the people being trained. The second video was more modern and easy to follow and understand. I identified the breaches in legislation in the videos and stated what action would need to be taken to conform to current legislation. I then went into depth on current legislation as well as analysing different elements and providing my own personal opinions on health and safety on construction sites. I also specified the people involved with video two, and what training they would need as well as going into detail about the CSCS card system.
Books:
· HSE (1996). Health and Safety in Construction. 3rd ed. London: HSE. 4. . (last accessed November 2016)
· HSE (2000). Management of Health and Safety at Work Regulations 1999. Approved Code of Practice & Guidance. 2nd ed. London: HSE. 2. . (last accessed November 2016)
· HSE (2004). Workplace Health, Safety and Welfare Regulations 1992 Approved Code of Practice. London: HSE. . (last accessed November 2016)
· HSE (2012). Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended) Approved Code of Practice. 2nd ed. London: HSE. . (last accessed November 2016)
· HSE (2010). Provision of welfare facilities during construction work HSE information sheet. London: HSE.
· Statute (1998). Lifting Operations and Lifting Equipment Regulations. London: Construction Industry Publications Limited.
Websites:
· Statute. (1974). Health and Safety at Work etc Act 1974. (last accessed November 2016)http://www.legislation.gov.uk/ukpga/1974/37/contents.
· HSE. (2013). About Corporate Manslaughter. (last accessed November 2016)http://www.hse.gov.uk/corpmanslaughter/about.htm.
· Statute. (2007). Health and Safety (Offenses) Bill. (last accessed November 2016) http://www.publications.parliament.uk/pa/cm200708/cmbills/029/2008029.pdf.
· Health and Safety Executive. (2009). Enforcement Policy Statement. (last accessed November 2016)http://www.hse.gov.uk/pubns/hse41.pdf.
Pictures:
· http://www.hse.gov.uk/prosecutions/breach/breach_details.asp?SF=BID&SV=4448081001
· http://www.ppconstructionsafety.com/files/welfare7.jpg
· http://www.hse.gov.uk/contact/faqs/toilets.htm
· https://www.citb.co.uk/global/publications/2015-16%20g%20forms/csk-ge700-2015-ga12.pdf
· http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN&SV=4363194
· http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN&SV=4439772
BRISTOL CITY COUNCIL
Statement of Health, Safety and Welfare Policy
1. Bristol City Council attributes the utmost importance to the health, safety and welfare of its employees and those for whom it provides a service. It also fully accepts its responsibilities not to endanger the employees of other employers or members of the public and is totally committed to the creation and maintenance of a positive health and safety culture throughout the organisation.
2. The City Council will endeavour to ensure that so far as is reasonably practicable, its operations and services are conducted in such a manner as to prevent harm, injury or damage to people, plant, materials, property and the environment, and to promote continuous improvement in health safety and welfare standards.
3. The City Council will take every reasonable measure, including the provision of adequate resources, to discharge its responsibilities by:
a. Aiming to Provide a safe and healthy place of work and working environment, including access and egress, across the whole range of staff occupations;
b. Protecting the safety of members of the public when they are on City Council premises or are affected by its activities;
c. Undertaking risk assessments and implementing their findings;
d. Providing and maintaining safe working systems, plant and equipment;
e. Providing information, instruction, training and supervision to enable employees and others to work safely, to recognise and minimise hazards and to contribute positively to health and safety at work;
f. Co-operating with employees in the appointment of safety representatives;
g. Establishing and maintaining an effective health and safety committee structure; and
h. Providing adequate welfare facilities.
4. Health and safety is the direct concern of employees at all levels, and they are charged under the Health and Safety at Work etc Act 1974 with a duty of care for their own safety, the safety of fellow workers, and of any other person affected by the City Council’s work activities. Employees also have the duty to cooperate with the City Council to enable it to carry out its responsibilities. Therefore, the City Council looks to every employee to maintain continuous safety awareness, be alert to existing and potential hazards and the need to minimise and report them.
5. The City Council recognises that the management of health and safety is an integral part of modern management practice at all levels. Without detracting from the primary responsibility of managers and supervisors for ensuring safe working practices and conditions, the City Council provides competent technical health and Corporate Safety Advisers to assist line managers and supervisors in their task.
6. The City Council will provide information and guidance to all employees on its health and safety duties and responsibilities and the organisational arrangements necessary to discharge them. This information and guidance will be brought to the attention of all employees and others to whom it may apply.
7. This statement will be regularly reviewed, and any revision brought to the notice of employees and others.
Safety Director
Strategic Director for Neighbourhoods
Alison Comley
Date first adopted….11 July 1996 Date of this revision..3 November 2014 Review Date….November 2016
Ryan Alexander2016
