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Day 4 - MDP 1_H&S_2016

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HEALTH & SAFETY<br />

COMPLIANCE AWARENESS<br />

Steuart Fotheringham<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Health and Safety<br />

• Why bother<br />

• Moral, people should return safely from work<br />

• Legal, laws are in place to protect peoples safely<br />

• Financial, good H&S saves money<br />

Human Resources<br />

Health & Safety<br />

Employment Law


It’s Only Common Sense<br />

Human Resources<br />

Health & Safety<br />

Employment Law


ConEnued<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Legisla@on<br />

• All employers have a moral and legal responsibility to<br />

look aGer the heath and safety of their employees at<br />

work and others who come into contact with their<br />

business<br />

• Laws and codes of pracEce have been formulated to<br />

inform employers and employees what they must do and<br />

how this may be achieved<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Human Resources<br />

Legisla@on<br />

• RegulaEons concerning safety in the workplace include but is not<br />

limited to<br />

– The Health and Safety at Work Act<br />

– The Management of Health and Safety at Work RegulaEons<br />

– Fire RegulaEons<br />

– Gas and Electricity<br />

– Manual Handling<br />

– First Aid<br />

– Substances harmful to health<br />

– LiGing RegulaEons<br />

– Pressure Systems<br />

– Asbestos management<br />

Health & Safety<br />

Employment Law


Legisla@on<br />

con@nued<br />

• Health and Safety at Work Act requires employers<br />

amongst other things to provide<br />

– Safe place of work<br />

– Safe systems of work<br />

– Safe plant and equipment<br />

– InstrucEon and training to carry out work safely<br />

• The Management of Health and Safety at Work<br />

RegulaEons<br />

– Requirement to carry out risk assessment for work acEviEes and<br />

premises<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Non -Compliance<br />

• Failure to comply with the law may result in<br />

– Enforcement acEon from HSE or Environmental health<br />

• ProhibiEon or Improvement NoEce<br />

– Fines for breaches of H&S Law<br />

– Criminal ProsecuEon of Club Officials<br />

– Criminal ProsecuEon of the Club (Corporate Manslaughter)<br />

– Civil acEons<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Ex<strong>amp</strong>le Enforcements<br />

• Member slipped on icy surface on a bridge<br />

– Sued Club for chipped tooth, EHO served Improvement NoEce for<br />

bridge surfaces<br />

• Member slipped on icy path and broke a leg<br />

– Club served with Improvement NoEce on paths<br />

• Club visited by Fire Service found to have no fire risk assessment<br />

– NoEce served by the Fire Authority to recEfy forthwith<br />

• Golf/Health Club found to have no risk assessment or controls for<br />

Legionnaire’s disease aGer resident contracted and died from the<br />

disease<br />

– £120,000 fine, no noEce issued as Resort had closed the facility<br />

Human Resources Health & Safety<br />

Employment Law


Human Resources<br />

Responsible Person<br />

• Someone within the Club management should be<br />

appointed to be responsible for ensuring H&S<br />

requirements are met<br />

• They can delegate the authority for geXng things done<br />

but not the responsibility for ensuring that it is carried<br />

out<br />

• In any prosecuEon they are the most likely to have to<br />

represent the Club<br />

• Internal or external competent persons can aide them in<br />

discharging their duEes<br />

Health & Safety<br />

Employment Law


Risk Assessment<br />

• Risk assessment is the basis of almost all health and safety<br />

requirements. It is a requirement of the Management<br />

RegulaEons that employers carry these out for their business’s<br />

acEviEes<br />

• It requires the workplace and working procedures to be<br />

examined for<br />

Hazards<br />

Things that could cause harm to people<br />

Risks<br />

The potenEal for the harm to be realised<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Risk Assessment<br />

• The HSE publicaEon 5 Steps to Risk assessment details<br />

how to carry out a risk assessment<br />

1. IdenEfy the hazard<br />

2. Decide who could be harmed<br />

3. Evaluate the risks and decide if controls are required<br />

4. Implement your findings and record them (5+ people)<br />

5. Review your assessments and update if necessary<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Risk Assessment<br />

• Where significant risks have been idenEfied, control measures<br />

will be required to prevent harm.<br />

• The hierarchy of controls can be remembered by the<br />

mnemonic, ERIC Prevents Death<br />

– EliminaEon: can you stop doing the acEvity<br />

– Reduce: can you reduce the frequency that you do it<br />

– IsolaEon: can you keep people away from the hazard<br />

– Control: can you put controls in place to prevent harm<br />

– PPE: the last measure to be considered to prevent injury<br />

– Discipline: If people don’t adhere to the controls put in place<br />

Human Resources Health & Safety<br />

Employment Law


Accidents at Work<br />

• Legal duEes<br />

• Record accidents in an accident book.<br />

• Report certain incidents, diseases, dangerous occurrences to<br />

the HSE under the ReporEng of Incidents, Diseases and<br />

Dangerous Occurrences RegulaEons (RIDDOR.)<br />

• InvesEgate causes of accidents.<br />

• Take correcEve acEon where necessary to prevent a<br />

recurrence<br />

• Brief affected staff with the causes of the accident and any<br />

new controls<br />

Human Resources<br />

Health & Safety<br />

Employment Law


First Aid<br />

• Health & Safety (First Aid) regulaEons 1981.<br />

• Employer must carry out suitable assessment of first aid<br />

requirements in the workplace.<br />

• Must take into account<br />

— work acEviEes<br />

— numbers of people on site<br />

— proximity of medical assistance<br />

— provision of first aiders in workplace<br />

— level of training required<br />

— first aid faciliEes available<br />

• InformaEon with regards to first aid faciliEes must be made<br />

available to all persons working on or visiEng the premises.<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Manual Handling<br />

• The Manual Handling OperaEons RegulaEons<br />

– Apply to a wide range of manual handling acEviEes, including<br />

liGing, lowering, pushing, pulling or carrying a load.<br />

– Risk assessments for the idenEfied acEviEes are required<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Fire Safety<br />

• RegulaEons introduced in 2005 require persons in control<br />

of all non domesEc premises to conduct a fire risk<br />

assessment<br />

• The risk assessment should address<br />

– what combusEble materials are present<br />

– likely sources of igniEon<br />

– means of raising the alarm and escape<br />

– fire signage<br />

– fire fighEng<br />

– arson<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Hazardous Substances<br />

• COSHH assessment required for hazardous substances<br />

– Used e.g. pesEcides, cleaning products, oils etc<br />

– Generated e.g. welding fume, waste materials<br />

– Encountered e.g. biological hazards e.g. Legionella, Weil’s<br />

disease<br />

• Note Material Safety Data sheets are not a subsEtute for<br />

COSHH assessments<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Personal Safety<br />

• Lone Working<br />

– Work that requires employees to work alone needs to be risk<br />

assessed to ensure their safety<br />

• Personal ProtecEve Equipment<br />

– Should be seen as the last opEon for ensuring employee safety<br />

– Where risk assessment has idenEfied the need for personal protecEve<br />

equipment<br />

• It needs to be fit for purpose<br />

• Easy to use<br />

• Personal to the employee<br />

• Provided free of charge<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Human Resources<br />

Slips, Trips & Falls<br />

Biggest cause of accidents within the UK.<br />

A number of pieces of legislaEon require that we control the risks from slips,<br />

trips and falls. These include -<br />

• Health and Safety at Work Act<br />

• Management of Health & Safety at work RegulaEons<br />

• The Workplace (Health, Safety and Welfare)<br />

RegulaEons<br />

• The Working at Height RegulaEons<br />

Health & Safety<br />

Employment Law


Work Equipment<br />

• The Law requires employers to ensure that equipment<br />

used at work is fit for purpose and is safe to use.<br />

• This includes<br />

– all work equipment<br />

– office and kitchen equipment<br />

– vehicles<br />

– personal items brought into the work place e.g. radios, hair<br />

dryers etc.<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Electricity and Gas<br />

• All mains gas equipment must be installed, inspected<br />

maintained, or repaired by a Gas Safe registered engineer<br />

• Electrical equipment should be<br />

– Visually inspected before use<br />

– Portable appliances should be inspected and tested at specified<br />

intervals<br />

• Periodic InspecEon of the electrical installaEon required<br />

(5yr minimum)<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Human Resources<br />

Health & Safety<br />

Employment Law


Pressurised Systems<br />

• Pressurised systems may require a Wrijen Scheme of<br />

ExaminaEon<br />

– Shoe cleaner, compressors, pressure cookers etc.<br />

• Scheme will dictate an inspecEon and maintenance<br />

regime<br />

• Equipment needs to be serviced and maintained at least<br />

annually<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Asbestos<br />

• Those in control of premises have a duty to manage the<br />

risk from asbestos<br />

• Some form of survey will need to be carried out<br />

• Where asbestos is present it must be in good condiEon<br />

i.e. not releasing dust or fibres or else made safe or<br />

removed<br />

• Only specialist asbestos contractors can be used for the<br />

removal of asbestos.<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Environmental<br />

• Management of wastes generated from acEviEes within<br />

the Club e.g. general waste, food waste, oils, chemicals<br />

etc.<br />

• Disposed of via registered waste carrier appropriate to<br />

the types of wastes.<br />

• Run-off from Course acEviEes e.g. the wash down area<br />

stopped from polluEng drains streams etc.<br />

Human Resources<br />

Health & Safety<br />

Employment Law


Good Health and Safety<br />

— Is cost effecEve<br />

— Fewer accidents<br />

— Less downEme<br />

— Can reduce operaEng costs<br />

— Will ensure good staff morale<br />

— Gives peace of mind<br />

TO SUM UP<br />

If you need assistance contact Xact<br />

We are here to help<br />

Human Resources<br />

Health & Safety<br />

Employment Law


QUESTIONS?<br />

Human Resources<br />

Health & Safety<br />

Employment Law

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