HEALTH AND SAFETY

POLICY and PROCEDURES

INDEX

Section	Title	Page No
Section 1	Aims	1
Section 2	Statement	3
Section 3	Organisation	4
Section 4	Arrangements	6
Section 5	Reporting	12
Section 6	Reviewing	15
Section 7	Working Conditions and Welfare Guidelines	16
Section 8	Equipment and Machinery Guidelines	17
Section 9	Work Method Guidelines	18
Appendices	Title	Page No
Appendix 1	Relevant Statures and Regulations	20
Appendix 2	Legal Definitions	21
Appendix 3	HSE Guidance notes	24
Forms	Title	Page No
Form 1	Risk Assessment	25
Form 2	Action Plan	26
Form 3	Incident Report	27
Form 4	Checklist – Health and Welfare	28
Form 5	Checklist – Environmental Factors	29
Form 6	Checklist – Fire Prevention and Protection	30
Form 7	Checklist – Access equipment and working places	31
Form 8	Checklist – Site transport	32
Form 9	Checklist – Personnel	33
Form 10	Checklist – Electrical equipment	34
Form 11	Checklist – Manual handling operations	35
Publications	Title	Page No
Publication 1	Workplace health, safety and welfare	37
Publication 2	Managing health and safety	39
Publication 3	Five steps to risk assessment	41
Publication 4	Employers Liability (Compulsory Insurance) Act 1969 – A Guide for Employees	43
Publication 5	ATV Quad Bikes	45
Publication 6	Safe working with bales in agriculture	47
Publication 7	Electrical safety and you	49
Publication 8	Safety in electrical testing at work	51
Publication 9	Emergency Planning	53
Publication 10	Avoiding falls from vehicles	55
Publication 11	Basic advice on first aid at work	57
Publication 12	First Aid at Work	59
Publication 13	Getting to grips with Manual Handling	61
Publication 14	Manual Handling Assessment Charts	63
Publication 15	Officewise	65
Publication 16	Preventing slips and trips at work	67
Publication 17	Aching arms (or RSI) in small business	69
Publication 18	Safe use of ladders and stepladders	71
Publication 19	Sun Protection	79
Publication 20	Working with VDUs	81
Publication 21	Using Work Equipment Safely	83
Publication 22	Health and safety training – what you need to know	99
Publication 23	RIDDOR explained	101

SECTION 1

AIMS

The Health and Safety Executive describes five main elements of successful health and safety management. The ATBA-UK makes use of these five areas in developing its aims and objectives to ensure it is an organisation with successful and effective health and safety management:

Policy

In its aim to be successful in achieving high standards of health and safety the ATBA-UK has Health and Safety Policies and Procedures that contribute to its business performance. These Policies and Procedures meet its responsibilities to people and the environment in a way that fulfils both the spirit and the letter of the law. In this way the ATBA-UK satisfies the expectations of its members, customers, sponsors, supporters and society at large. The policies are cost effective and aimed at achieving the preservation and development of physical and human resources and reductions in financial losses and liabilities. These Health and Safety Policies influence all the ATBA-UK’s activities and decisions, including those to do with the selection of resources and information, the design and operation of working systems, and the design and delivery of services.

Organising

In its aim to be successful in achieving high standards of health and safety the ATBA-UK is structured and operated so as to put the Health and Safety Policies and Procedures into effective practice. This is helped by the creation of a positive culture that secures involvement and participation at all levels. It is sustained by effective communication and the promotion of competence that enables all volunteers to make a responsible and informed contribution to the health and safety effort. The visible and active leadership of Committee Members develops and maintains a culture supportive of health and safety management. The ATBA-UK’s aim is not simply to avoid accidents, but to motivate and empower people to work safely. The visions, values and beliefs of the Committee become the shared ‘common knowledge’ of all.

Planning

In its aim to be successful in achieving high standards of health and safety the ATBA-UK adopts a planned and systematic approach to policy implementation. The objective of this is to minimise the risks created by work activities and services. The ATBA-UK uses risk assessment methods to decide priorities and set objectives for hazard elimination and risk reduction. Performance standards are established and performance is measured against them. Specific actions needed to promote a positive health and safety culture and to eliminate and control risks are identified. Wherever possible, risks are eliminated by the careful selection and design of facilities, equipment and processes or minimised by the use of physical control measures. Where this is not possible, systems of work and personal protective equipment are used.

Measuring performance

In its aim to be successful in achieving high standards of health and safety the ATBA-UK measures performance against pre-determined standards. This reveals when and where action is needed to improve performance. The success of action taken to control risks is assessed through active self-monitoring involving a range of techniques. This includes an examination of both hardware (premises and equipment) and software (people, procedures and systems), including individual behaviour. Failures of control are assessed through reactive monitoring which requires the thorough investigation of accidents, ill health and incidents with the potential to cause harm or loss. In both active and reactive monitoring the objectives are not only to determine the immediate causes of sub-standard performance but, more importantly, to identify the underlying causes and the implications for the design and operation of the health and safety management systems.

Auditing and reviewing performance

In its aim to be successful in achieving high standards of health and safety the ATBA-UK learns from all relevant experience and applies the lessons learned in effective health and safety management. This is done systematically through regular reviews of performance based on data both from monitoring activities and from independent audits of the whole health and safety management system. This forms the basis of self-regulation and for securing compliance with Sections 2 to 6 of the Health and Safety at Work etc. Act 1974. The ATBA-UK has a commitment to continuous improvement involving the constant development of policies, approaches to implementation and techniques of risk control. The ATBA-UK assesses its health and safety performance by internal reference to key performance indicators and by external comparison with the performance of business competitors. The ATBA-UK records and accounts for its health and safety performance in its annual reports that are delivered at its Annual General Meeting.

SECTION 2

STATEMENT

General statement of intent

The All Terrain Boarding Association is the National Governing Body for the sport of All Terrain Boarding, also known as Mountain Boarding, Off Road Boarding, Dirt Boarding and Grass Boarding. All Terrain Boarding is an inherently risky sport. In order to manage and minimise the risks associated with all terrain boarding events and competitions the ATBA-UK undertakes detailed Risk Assessments of every mountain board centre that hosts an ATBA-UK event and uses these to prepare a written Health and Safety Policy and Procedures. The All Terrain Boarding Association is committed to maintaining the highest level of Health and Safety in order to protect, so far as is reasonably practicable, its volunteers and members of the public from risks to health & safety from it’s work.

Organisation

Ultimate responsibility for Health and Safety within the All Terrain Boarding Association rests with the Chairman who will ensure that the appropriate resources are available to implement the Health and Safety Policy and Procedures. Some of these responsibilities are delegated to the Event Manager for implementation. The cooperation of all volunteers is vital to the success of the Health and Safety Policy, and as such all volunteers are responsible for ensuring that they and all other volunteers work to the Guidelines set out in this Health and Safety Policy.

Arrangements

The policy has supporting information describing how health and safety is managed at ATBA-UK events. The Chairman prepares and publishes these arrangements, known as the Health and Safety Guidelines. The arrangements are designed to provide safe and/or healthy:

• Working conditions and welfare

• Equipment and machinery

• Work methods

• Information, training and supervision.

Reporting

Breaches in Health and Safety at ATBA-UK events should be reported to the Chairman or Event Manager. All accidents, near-misses, or dangerous occurrences must also be reported.

Reviewing

The Health and Safety Policy is reviewed annually and immediately after any specific incidents that give cause for concern as to the effectiveness of the current Health and Safety Policy. Policy reviews will involve the Chairman, Event Manager, and any members of staff involved in the incident or areas of work directly affected by a change of policy.

SECTION 3

ORGANISATION

Ultimate responsibility for Health and Safety within the All Terrain Boarding Association rests with the Chairman who will ensure that the appropriate resources are available to implement the Health and Safety Policy and Procedures. Some of these responsibilities are delegated to the Event Manager for implementation. The cooperation of all volunteers is vital to the success of the Health and Safety Policy, and as such all volunteers are responsible for ensuring that they and all other volunteers work to the Guidelines set out in this Health and Safety Policy.

Organisational Structure

Chairman

|

Event Manager

|

Event Team

Organising Health and safety

The HSE recommends following five steps to enable health and safety to be managed successfully.

 

1. Setting Policy – The written health and safety policy influences all of the activities of the ATBA-UK, including selection of people, equipment, the way work is done and how services are provided

2. Organising Staff – To ensure that the health and safety policy is implemented effectively ATBA-UK staff are involved and committed to creating a positive health and safety culture.

3. Planning and setting standards – The ATBA-UK plans its work effectively to ensure it meets a high standard of health and safety. Planning involves setting objectives, assessing risks, and providing appropriate resources. Setting standards helps to build a positive culture and control risks. Standards should be measurable, achievable and realistic.

4. Measuring performance – The ATBA-UK uses both active and reactive monitoring to measure its health and safety performance and find out if it is being successful.

5. Learning from experience – The ATBA-UK reviews its activities annually to decide how it can improve its health and safety performance.

Competent persons

Health and Safety legislation requires the ATBA-UK Chairman to appoint competent persons for a range of purposes. The duty to appoint competent persons is covered in the Management of Health and Safety at Work regulations 1999, thus:

Regulation 7 – Health and safety assistance

Every employer shall appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

A person shall be regarded as competent where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist the employer in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon the employer by or under the relevant statutory provisions.

The appointed competent persons are given specific roles and tasks, such Risk Assessment, Supervision of staff and activities, and training to ensure that the Statement of Intent is achieved.

SECTION 4

ARRANGEMENTS

The Arrangements describe how health and safety is managed within the ATBA-UK. The Chairman prepares and publishes these arrangements in order to achieve safe and/or healthy working conditions and welfare, equipment and machinery, work methods, information, training and supervision.

Working conditions and welfare

The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of basic health, safety and welfare issues and apply to most workplaces. These regulations expand on the duties detailed in the HSWA and are intended to protect the health and safety of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work.

These Regulations aim to ensure that workplaces meet the health, safety and welfare needs of all members of a workforce, including people with disabilities. Several of the Regulations require things to be ‘suitable’. Regulation 2(3) makes it clear that things should be suitable for anyone. This includes people with disabilities. Where necessary, parts of the workplace, including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations, should be made accessible for disabled people.

The ATBA-UK is committed to providing guidelines of working conditions and welfare to its employees to ensure they are able to complete their work safely. These working condition and welfare guidelines can be found in Section 7 on page 16 and include:

1. Smoking

2. Working time

3. Weather conditions

4. Work stations and seating

5. Sanitary conveniences and washing facilities

6. Drinking water

7. Accommodation for clothing and facilities for changing

8. Facilities for rest and to eat meals

Equipment and machinery

The ATBA-UK is committed to providing guidance on equipment and machinery used by volunteers in the course of their work to ensure they are able to complete their work safely. These equipment and machinery guidelines can be found in Section 8 on page 17 and include:

1. Hand tools

2. Ladders and Step-ladders

3. Start Gates

4. Lift Truck and Trailer

5. Mobile Lifting Equipment

Work methods

The ATBA-UK is committed to providing a detailed breakdown of all of the current ATBA-UK work methods to ensure volunteers are able to complete their work safely. These work methods guidelines can be found in Section 9 on page 18 and include:

1. Boarder X Competitions

2. Campsites

3. Centre Lifts

4. Electricity

5. Emergency Action Plans

6. Downhill Competitions

7. Driving

8. Freestyle Competitions

9. Freestyle Course Design and Maintenance

10. Grounds

11. Hand tools

12. Manual Handling

13. Marshalling

14. Mountain Board Centres

15. Office work/Use of computers

16. Operating start gates

17. Quad bikes

18. Setting up start gates

19. Vehicles

20. Weather conditions

Information, training and supervision

The ATBA-UK is committed to providing information and training for and supervision of volunteers to ensure they are able to complete their work safely.

Information

The provision of health and safety information for employees (and volunteers) is a common requirement of health and safety legislation, including the Health and Safety at Work Act 1974 and regulations, such as the Health and Safety (Display Screen Equipment) Regulations and the Personal Protective Equipment at Work Regulations 1989.

The ATBA-UK provides health and safety information for its volunteers by providing a copy of the Health and Safety Policy upon request and by providing HSE Guidance Leaflets (See Publication 1 on page 37 to Publication 23 on page 101) for reference.

For more information contact:

Health and Safety Executive

2 Southwark Bridge
London
SE1 9HS
Tel: 020 7556 2100
Fax: 020 7556 2102

HSE Infoline 0845 345 0055

[email protected]

www.hse.gov.uk/

Institute of Occupational Safety and Health

The Grange

Highfield Drive

Wigston

Leicester

LE18 1NN

British Safety Council
National Safety Centre
70 Chancellor Road
Hammersmith
London
W6 9RS
Tel: 020 8741 1231

www.britishsafetycouncil.co.uk/

ROSPA
ROSPA House
Edgbaston Park
353 Bristol Road
Birmingham
B5 7ST
Tel: 0121 248 2000
www.rospa.com

Child Accident Prevention Trust
18-20 Farringdon Lane
London
EC1R3HA
Tel: 020 7608 3828

www.capt.org.uk

Training

The Health and Safety at Work Act, together with many regulations, place either absolute or qualified duties on the ATBA-UK to provide health and safety training for its staff.

As with any training process, establishment of training programme should follow a series of clearly defined stages:

1. Identification of training needs:

• What kind of training is needed?

• When will the training be needed?

• How many people need to be trained?

• What is the standard of performance required of trainees following the training?

SECTION 5

REPORTING

Internal Reporting

All accidents, near-misses, dangerous occurrences, or breaches in Health and Safety at ATBA-UK events should be reported to the Chairman or Event Manager who should record it on the Incident Report (Form 3 on page 27).

Accident Reporting

Any injuries sustained at ATBA-UK events should be recorded in the host Mountain Board Centre’s own Accident Book, and a copy should be forwarded to the ATBA-UK.

Accident Investigation Procedure

When investigating an accident, particularly a fatal or major injury accident, or a scheduled dangerous occurrence, the ATBA-UK will follow this Accident Investigation Procedure:

1. Establish the facts surrounding the accident as quickly and completely as possible with respect to:

1. the work environment in which the accident took place, e.g. location, lighting;

2. the plant, machinery, equipment, and hazardous substance involved;

3. the system of work or working procedure involved; and

4. the sequence of events leading to the accident.

2. Produce sketches and diagrams of the accident scene.

3. Take photographs of the accident scene before anything is moved.

4. Identify all witnesses and make a list of witnesses.

5. Interview all witnesses in the presence of a third party and take full statements. Do not attempt to lead the witness. Witnesses should agree any written statements produced, and sign and date these statements.

6. Evaluate the facts and individual witnesses’ versions of events leading to the accident with respect to accuracy, reliability and relevance.

7. Endeavour to arrive at conclusions as to both the indirect and direct causes of the accident on the basis of the relevant facts.

8. Examine closely any contradictory evidence. Never dismiss a fact that does not fit in with the rest of the facts. If necessary, find out more.

9. Examine fully the system of work in operation, in terms of the persons involved with respect to age, training, experience, level of supervision and the nature of the work, e.g. routine, sporadic or incidental.

10. In certain cases it may be necessary for plant equipment to be examined by an expert, such as a consultant engineer.

11. Produce a written report indicating the stages prior to the accident and emphasising the causes of same. Measures to prevent a recurrence should also be incorporated in such a report. The report will be presented to the ATBA Committee.

12. In complex and serious cases it may be appropriate to establish a small investigating committee.

13. It should be appreciated that the thorough investigation of accidents is essential particularly where there may be the possibility of criminal proceedings by the enforcement authority and/or civil proceedings by the injured party or his or her representatives.

External Reporting

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 places a legal requirement on the ATBA-UK to report accidents and ill health to the local Environmental Health Department. The address and telephone number will be in the telephone book under the authority’s name.

Definitions of major injuries, dangerous occurrences and diseases

Reportable major injuries are:

• Fracture other than to fingers, thumbs or toes;

• Amputation

• Dislocation of the shoulder, hip, knee or spine;

• Loss of sight (temporary or permanent);

• Chemical or hot metal burn to the eye or any penetrating injury to the eye;

• Injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24 hours;

• Any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours;

• Unconsciousness caused by asphyxia or exposure to a harmful substance or biological agent;

Reportable dangerous occurrences are:

• Collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;

• Plant or equipment coming into contact with overhead power lines;

• Electrical short circuit or overload causing fire or explosion;

• Explosion or fire causing suspension of normal work for over 24 hours.

Reporting Incidents

If an incident occurs in which an employee of the ATBA-UK is killed or suffers a major injury, or a member of the public is killed or taken to hospital, the local Environmental Health Department must be notified without delay (e.g. by telephone). They should be provided with brief details about the work of the ATBA-UK, the injured person and the accident. Within ten days this telephone call should be followed up with a completed HSE RIDDOR Form F2508 (Publication 23 on page 101).

 

If an incident occurs in which an employee of the ATBA-UK suffers an over-three day injury, the local Environmental Health Department must be notified within ten days with a completed HSE RIDDOR Form F2508 (Publication 23 on page 101).

 

If something happens which does not result in a reportable injury, but which clearly could have done, it may be a dangerous occurrence that must be reported to the local Environmental Health Department without delay (e.g. by telephone). Within ten days this telephone call should be followed up with a completed HSE RIDDOR Form F2508 (Publication 23 on page 101).

Documentation and record keeping

In the event of an incident being reported to the local Environmental Health Department, the ATBA-UK will document the reporting with the following information:

 

• The date and method of reporting;
• The date, time and place of the incident;
• Personal details of those involved; and
• A brief description of the nature of the incident.

 

These records must be kept for three years.

SECTION 6

REVIEWING

The Health and Safety Policy is reviewed annually and immediately after any specific incidents that give cause for concern as to the effectiveness of the current Health and Safety Policy.

Annual Policy Review

Policy Reviews will involve the Chairman, Event Manager, and any members of staff involved in areas of work directly affected by a change of policy. This is Active Monitoring that is done before things go wrong to discover if the objectives and standards are effective and if they are being achieved.

Specific Incident Review

Specific Incident Reviews will involve the Chairman, Event Manager, and any members involved in the incident. The incident will be detailed on the Incident Report (Form 3 on page 25). This is Reactive Monitoring that is done after something has gone wrong to investigate incidents and identify why performance was substandard.

Checklists

The ATBA-UK uses checklists to monitor the implementation and management of Health and Safety. These checklists include:

• Health and welfare (Form 4 on page 28)

• Environmental factors (Form 5 on page 29)

• Fire Prevention and Protection (Form 6 on page 30)

• Access equipment and working places (Form 7 on page 31)

• Site transport (Form 8 on page 32)

• Personnel (Form 9 on page 33)

• Electrical equipment (Form 10 on page 34)

• Manual Handling operations (Form 11 on page 35)

The results from undertaking a health and safety review are used to inform the updating of the ATBA-UK Health and Safety Policy and Procedures.

APPENDIX 1

RELEVANT STATURES AND REGULATIONS

Principle Statures

• Administration of Justice 1982

• Disability Discrimination Act 1995

• Employers’ Liability (Compulsory Insurance) Act 1969

• Employers’ Liability (Defective Equipment) Act 1969

• Employment Rights Act 1996

• Fatal Accidents Act 1976

• Health and Safety at Work etc. Act 1974

• Social Security Act 1975

Principle Regulations

• Electricity at Work Regulations 1989

• Health and Safety (Consultation with Employees) Regulations 1996

• Health and Safety (Display Screen Equipment ) Regulations 1992

• Health and Safety (First Aid) Regulations 1981

• Health and Safety (Information for Employees) Regulations 1998

• Health and Safety (Safety Signs and Signals) Regulations 1996

• Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972

• Lifting Operations and Lifting Equipment Regulations 1998

• Management of Health and Safety at Work Regulations 1999

• Manual Handling Operations Regulations 1992

• Provision and Use of Work Equipment Regulations 1998

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

• Safety Signs Regulations 1980

• Workplace (Health, Safety and Welfare) Regulations 1992

APPENDIX 2

LEGAL DEFINITIONS

Health and safety law covers many aspects involving people at work, including the civil and criminal liabilities of employers towards their employees and other persons.

The following topics are of particular significance in any consideration of the principal features of health and safety law.

Absolute (strict) Liability

Certain duties under health and safety laws are of an absolute of strict nature. These duties are qualified by the terms ‘shall’ or ‘must’, such as the absolute duty on employers under the Management of Health and Safety at Work Regulations to undertake a suitable and sufficient risk assessment. Generally no defence is available although, when charged with an absolute offence, it may be possible to submit a plea in mitigation.

All reasonable precautions and all due diligence (‘due diligence’ defence)

Under certain Regulations, such as the Electricity at Work Regulations and the Control of Substances Hazardous to Health (COSH) Regulations, an employer charged with an offence may be able to submit the defence that ‘he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence’.

To rely on this defence, the employer must establish that, on the balance of probabilities, he has taken all precautions that were reasonable and exercised all due diligence to ensure that these precautions were implemented in order to avoid such a contravention. It is unlikely that an employer could rely on this defence if:

1. Precautions were available which had not been taken; or

2. That he had not provided sufficient information, instruction and training, together with adequate supervision, to ensure that the precautions were effective.

Burden of Proof

This term applies to both criminal cases and civil claims.

Throughout criminal law the burden of proof of guilt that the accused person committed an offence rests with the prosecution, who must prove guilt ‘beyond a reasonable doubt’. Section 40 of the HSWA makes the task of the prosecution easier by transferring the burden of proof to the accused. It is incumbent on the accused to show either that it was not ‘practicable’ or ‘reasonably practicable’ in the particular case to satisfy the particular duty or requirement. If the accused cannot discharge this duty, the case will be proven against him.

In civil claims, however, the claimant must show this proof of guilt on the part of the defendant ‘on the balance of probabilities’.

Civil and criminal liability

Breaches of health and safety law by employers and others can incur both criminal and civil liabilities.

Civil liability

Civil liability refers to the ‘penalty’ that can be imposed by a civil court, e.g. County Court, High Court, Court of Appeal (Civil Division) and the House of Lords.

A civil action generally involves a claim of negligence or breach of statutory duty by a claimant against a defendant. In such actions the claimant sues the defendant for a remedy that is beneficial to the claimant. In most cases, this remedy takes the form of damages, a form of financial compensation. In many cases, the claimant will agree to settle out of court.

Civil cases are decided on ‘the balance of probabilities’.

Criminal liability

A crime is an offence against the State. Criminal liability refers to the duties and responsibilities of:

1. employers;

2. occupiers and controllers of premises;

3. manufacturers, designers and suppliers of articles and substances for use at work; and

4. employees,

under, principally, the HSWA, and regulations made under the HSWA, and to the penalties that can be imposed by the criminal courts, namely fines and imprisonment. The criminal courts involved are the Magistrates Courts, which handle the bulk of cases, the Crown Court, the Court of Appeal (Criminal Division) and the House of Lords.

Criminal law is based on a system of enforcement by the HSE, local authorities and fire authorities. A person charged with an offence is innocent until proven guilty ‘beyond reasonable doubt’.

Contributory negligence

Where a person suffers damage, as the result partly through his own fault and partly through the fault of another or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable will be reduced to such an extent as a court considers just and equitable having to regard to the claimant’s share in the responsibility for the damage.

Corporate liability

Corporate liability refers to the liability of all those directing an undertaking, that is, the corporate body.

A corporate body, for example, the Board of Directors, chief executive, managing director or chief executive, and is committed in the course of his corporate duties.

Under the HSWA, directors, managers, company secretaries and similar officers of the body corporate have both general and specific duties. Breaches of these duties can result in individuals being prosecuted

Offences by bodies corporate (Sec 37(1))

Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Duty of care

The common duty of care between one person and another, such as an employer and employee, occupier of premises and visitor, or the manufacturer of a product and the user of that product, is a key principle of common law. Fundamentally, everyone owes a duty to everyone else to take reasonable care so as not to cause them foreseeable injury.

The effect of this requirement is that if an employer knows of a risk to the health and safety of his employees, or ought, in the light of knowledge current at that time, to have known of the existence of such a risk, he will be liable if an employee is injured or suffers death as a result of that risk, or if the employer failed to take reasonable care to avoid the risk arising.

Employers’ duties (common law)

Under the common law all employers must provide and maintain:

1. a safe place of work with safe means of access to and egress from same;

2. safe appliances and equipment and plant of doing the work;

3. a safe system for doing the work; and

4. competent and safety-conscious personnel.

Employers’ liability

Employers are vicariously liable for the actions of their employees. This liability must be insured against under the Employers Liability (Compulsory Insurance) Act 1969.

Negligence

‘Negligence’ is defined as ‘careless conduct injuring another’.

In a civil action for negligence, three specific facts must be proved by the claimant:

1. a duty of care is owed;

2. there has been a breach of that duty; and

3. injury, damage and/or loss has been sustained by the claimant as a result of that breach.

Res ipsa loquitur

A term meaning ‘the facts speak for themselves’ or ‘the matter itself speaks’, a phrase used in actions for injury occasioned by negligence where no proof is required of negligence beyond the accident itself.

Vicarious liability

The doctrine of vicarious liability is based on the

Volente non fit injuria

This term means ‘to one who is willing, no harm is done’, more commonly referred to as ‘voluntary assumption of risk’. As such it is a complete defence and no damages would be payable to a claimant in respect of a claim for negligence.

However it is a very limited defence based on the employee voluntarily assuming a risk as part of is normal work activities.

APPENDIX 3

HSE GUIDANCE NOTES

The Health and Safety Executive issues an extensive range of guidance notes.

• COSHH essentials: easy steps to control chemicals [HSE(G)193]

• Display screen equipment work: guidance on Regulation [L26]

• Dust: general principles of prevention [EH44]

• Effective health and safety training [HS(G)222]

• Electricity at work: safe working practices [HS(G)85]

• Five steps to risk assessment [HS(G)183]

• Guide to the Health and Safety (Consultation with Employees) Regulations 1996 [L95]

• Guide to the Reporting Injuries, Diseases and Dangerous Occurrences Regulations 1995 [HSIS1]

• Health risk management: a practical guide for managers in small and medium sized enterprises [HS(G)137W]

• Law on VDUs [HS(G)38]

• Managing crowds safely [HS(G)154]

• Manual handling [HS(G)115]

• Manual handling: Solutions you can handle [HS(G)115]

• Personal protective equipment at work: guidance on Regulations [L25]

• Protecting the public: Your next move [HS(G)151]

• Reducing error and influencing behaviour [HS(G)48]

• Safe use of lifting equipment [L113]

• Safety signs and signals: Health and Safety (Safety Signs and Signals) Regulations 1996: guidance on Regulations [L64]

• Seating at work [HS(G)57]

• Slips and trips [HS(G)155]

• Step-by-step guide to COSHH assessment [HS(G)97]

• Storage of flammable liquids in containers [HS(G)176]

• Successful health and safety management [HS(G)65]

• Tackling work-related stress [HS(G)218]

• Training of first aid at work [HS(G)212]

• Workplace transport safety [HS(G)136]

• Work with display screen equipment [HS(G)165]

FORM 1

RISK ASSESSMENT

Location:	Date:
Assessed by:	Checked by:
Assessment ref:	Review date:

Task:

Serial: 01	Activity:	Hazard:	Who might be harmed:
	Existing control measures:
	Risk rating:	Result:	Further measures to consider:

Serial: 02	Activity:	Hazard:	Who might be harmed:
	Existing control measures:
	Risk rating:	Result:	Further measures to consider:

Serial: 03	Activity:	Hazard:	Who might be harmed:
	Existing control measures:
	Risk rating:	Result:	Further measures to consider:

FORM 2

ACTION PLAN

Assessor:			Date:		Location:
ID	Assessed Area or Activity:	Recommended action to reduce risk			Advice on Implementation Required? No or Yes, If yes, who	Recommendation Implemented By	Dated Reviewed/ Reassessed	Successful? Yes or No

FORM 3

INCIDENT REPORT

Person reporting incident

Name:

Telephone:

Organisation:

Address:

Job Title:

Incident

Time:

Date:

Location:

Description:

Witnesses

Name:

Age:

Address:

Was the witnesses interviewed?

Y/N

Name:

Age:

Address:

Was the witnesses interviewed?

Y/N

Name:

Age:

Address:

Was the witnesses interviewed?

Y/N

Reporting

Who was the incident reported to within the ATBA?

Date:

How was the incident reported?

Person

Phone

Email

Post

Is a copy of the accident report attached?

Y/N

Who was the incident reported to within the local Environmental Health Dept.?

Date:

How was the incident reported?

Phone

Email

Post

Was the RIDDOR report form used?

Y/N

FORM 4

CHECKLIST – HEALTH AND WELFARE

Assessor:

Location:

Date:

Serial	Checks	Yes	No
1.1	Are first aid boxes provided, maintained and readily available?
1.2	Are arrangements for calling an ambulance in place?
1.3	Is a qualified first aider available?
1.4	Is a responsible person appointed to take charge of situations where a first aider is not available?
1.5	Is a stretcher readily available?
1.6	Is a bad weather shelter available?
1.7	Are eating facilities provided?
1.8	Are rest facilities provided?
1.9	Are sanitation facilities adequate (toilets, hand washing basin)?
1.10	Are washing and showering facilities adequate?
1.11	Is a suitable supply of drinking water provided and suitably marked?
1.12	Is there a formal emergency procedure in place?

FORM 5

CHECKLIST – ENVIRONMENTAL FACTORS

Assessor:

Location:

Date:

Serial	Checks	Yes	No
2.1	Is safe access and egress provided to the site?
2.2	Is a good standard of cleanliness maintained?
2.3	Is lighting adequate?
2.4	Is there adequate segregation from competition activities?
2.5	Are waste storage and disposal arrangements adequate?

FORM 6

CHECKLIST – FIRE PREVENTION AND PROTECTION

Assessor:

Location:

Date:

Serial	Checks	Yes	No
3.1	Is there adequate access for fire brigade appliances?
3.2	Is there a formal system for summoning fire brigade?
3.3	Have specific fire risks been identified and assessed?
3.4	Are fire appliances installed and maintained?
3.5	Are fire appliances clearly indicated?
3.6	Are fire appliances wall-mounted?
3.7	Are fire appliances maintained?
3.8	Have designated employees been trained in the correct use of appliances?
3.9	Are fire instructions clearly displayed?
3.10	Are vehicle parking arrangements satisfactory from a fire protection viewpoint?
3.11	Are there separate storage arrangements for flammable liquids?
3.12	Are only the smallest quantities stored in the work area?

FORM 7

CHECKLIST – ACCESS EQUIPMENT AND WORKING PLACES

Assessor:

Location:

Date:

Serial	Checks	Yes	No
4.1	Is all scaffolding correctly erected?
4.2	Are all ladders in good condition, suitably placed and secured at their upper resting place?
4.3	Is movable access equipment adequately maintained and moved under safe conditions?
4.4	Are measures taken to prevent risks arising from falling objects?
4.5	Are any unstable structures identified and access to same prevented?
4.6	Have competent persons been appointed with respect to the inspection of scaffolds?

FORM 8

CHECKLIST – SITE TRANSPORT

Assessor:

Location:

Date:

Serial	Checks	Yes	No
5.1	Are cautionary and directional signs and notices adequately and prominently displayed?
5.2	Do site layout arrangements ensure safe movement of people and vehicles?
5.3	Are authorised drivers appointed in the case of certain vehicles?
5.4	Are potentially dangerous vehicles excluded from the site?
5.5	Are disciplinary measures in place in the event of unsafe driving?
5.6	Is access to and egress from the site safe and adequately controlled?
5.7	Are pedestrian and vehicular traffic routes adequately segregated?
5.8	Are all traffic routes suitable for their purpose and adequately maintained?
5.9	Are traffic routes kept clear at all times?
5.10	Are there safe arrangements for towing vehicles?
5.11	Are passenger-carrying vehicles safe and adequately maintained?
5.12	Are measures taken to ensure the safe loading of vehicles?
5.13	Are measures taken to provide overloading?
5.14	Are emergency routes and exits clearly identified and maintained?

FORM 9

CHECKLIST – PERSONNEL

Assessor:

Location:

Date:

Serial	Checks	Yes	No
6.1	Have measures been taken to ensure the provision of safety awareness training?
6.2	Have measures been taken to ensure the provision of first aid training?
6.3	Have measures been taken to ensure the provision of competent person training?

FORM 10

CHECKLIST – ELECTRICAL EQUIPMENT

Assessor:

Location:

Date:

Serial	Checks	Yes	No
7.1	Is there adequate protection against direct and indirect contact?
7.2	Is the equipment earthed?
7.3	Is a fuse installed and of the correct rating?
7.4	Does the system incorporate a circuit breaker?
7.5	Does the system incorporate an earth leakage circuit breaker (residual current device)?
7.6	Does the system operate at a reduced voltage?
7.7	Are joints and connections mechanically and electrically suitable?
7.8	Is there means for protection against excess current?
7.9	Is there means for cutting off electrical supply and isolation of any circuit?
7.10	Have competent person(s) been appointed?
7.11	Are all suspect portable appliances removed from service immediately?
7.12	Is equipment visually inspected on a frequent basis?
7.13	Are measures taken to ensure the safe use of portable appliances?

FORM 11

CHECKLIST – MANUAL HANDLING OPERATIONS

Assessor:

Location:

Date:

Serial	Checks	Yes	No
8.1	Does the task involve holding or manipulating loads at distance from trunk?
8.2	Does the task involve unsatisfactory bodily movement or posture, especially twisting the trunk?
8.3	Does the task involve unsatisfactory bodily movement or posture, especially stooping?
8.4	Does the task involve unsatisfactory bodily movement or posture, especially reaching upwards?
8.5	Does the task involve excessive movement of loads, especially excessive lifting or lowering distances?
8.6	Does the task involve excessive movement of loads, especially excessive carrying distances?
8.7	Does the task involve excessive pushing or pulling of loads?
8.8	Does the task involve risk of sudden movement of loads?
8.9	Does the task involve frequent or prolonged physical effort?
8.10	Does the task involve insufficient rest or recovery periods?
8.11	Does the task involve a rate of work imposed by a process?
8.12	Are the loads heavy?
8.13	Are the loads bulky or unwieldy?
8.14	Are the loads difficult to grasp?
8.15	Are the loads unstable, or with contents likely to shift?
8.16	Are the loads sharp, hot or otherwise potentially dangerous?
8.17	Does the working environment have space constraints preventing good posture?
8.18	Does the working environment have uneven, slippery or unstable floors?
8.19	Does the working environment have variations in level of floors or work surfaces?
8.20	Does the working environment have extremes of temperature or humidity?
8.21	Does the working environment conditions causing ventilation problems or gusts of wind?
8.22	Does the working environment have poor lighting conditions?
8.23	Does the individual completing the task require unusual strength, height, etc.?
8.24	Does the individual completing the task create a hazard to those who might reasonably be considered to be pregnant or to have a health problem?
8.25	Does the individual completing the task require special information or training for its safe performance?
8.26	Is movement or posture hindered by personal protective equipment or by clothing?