ASPIRE MIDDLE EAST

TRAINING INSTITUTE
 NEBOSH
International General Certificate
IGC

Your HSE Instructor:

ENGINEER JOSE MEIM
 IGC 1
Element 1
Foundations in Health & Safety

Your Instructor:
ENGINEER JOSE MEIM
CE, MOSH
Learning Outcomes
¤ 1.1 Outline the scope and nature of occupational health &
safety.

¤ 1.2 Explain the moral, social and economic reasons for

maintaining and promoting good standards of health &
safety in the workplace.

¤ 1.3 Explain the role of national governments and

international bodies in formulating a framework for the
regulation of health & safety.
MEANINGS OF AND
DISTINCTIONS
BETWEEN COMMON
TERMS
 EXAM QUESTION
Give the meaning of the following terms:
1. Health; Ans. Page 3 (2)
2. Safety; Ans. Page 3 (2)
3. Welfare; Ans. Page 3 (2)
4. Environmental protection; Ans. Page 3 (2)
HEALTH
“A state of well-being”

“The term Health, in relation to work, indicates not merely the

absence of disease or infirmity; it also includes the physical &
mental elements affecting health which are directly related to
safety & hygiene at work”
Occupational Safety and Health Convention (C155), ILO

“A state of complete physical, mental and social well-being &

not merely the absence of disease or infirmity”
WHO 1946
SAFETY
“Absence of danger of physical Harm”
“Freedom from unacceptable risk of harm”
OHSAS 18001:1999
WELFARE
“Facilities for workplace comfort”

ENVIRONMENTAL PROTECTION
“A measure used to prevent harm to the
environment of the world”
 REASONS
FOR MAINTAINING
& PROMOTING
H&S
 EXAM QUESTION
Identify reasons for maintaining good standards
of health and safety in an organization. (8)
Ans. Page 4

Outline reasons for promoting and maintaining

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

Injuries & accidents result in pain & suffering

for those affected.

A worker should not have to expect that, by

coming to work, life or limb is at risk. Nor
should others be adversely affected by the
worker’s undertaking.
THE SIZE OF THE PROBLEM
Global statistics from the International Labour
Organisation (ILO) reflect the moral issues:
¤ 2.2 million people die every year
from occupational accidents and
diseases.
¤ There are 270 million occupational
accidents and 160 million
occupational diseases each year
throughout the world.
¤ 4% of gross national product (GNP)
is lost through injury, death and
absence.
SOCIAL
Society expects & demands that we provide a safe
and healthy work environment, without harm to
workers, contractors, self-employed & the general
public.

Health & Safety is further reinforced by the Civil &

Criminal law. Many employers would not act to protect
their employees & others affected by their work if they
did not fear legal action.
CIVIL LAW
 It is a law made by Judges.

 Also called as the “Law of Precedence”.

 The case is initiated by the claimant.

 The claimant has to prove the case on a “Balance

of Probabilities”.

 Outcomes can be in the form of compensations

and hand outs.
 CRIMINAL LAW

 It is a law made by State/Regulatory Authority.

 The case is initiated by the State/Prosecution.

 The state has to prove the case “Beyond

reasonable doubt”.

 Outcomes can be in the form of fines, penalties

and imprisonment.
NEGLIGENCE
- breach of a legal duty to exercise reasonable care towards
others.
What does this mean?
 Negligence is causing harm to someone to whom you
owed a duty of care.
 It can be because of something you did or something
that you failed to do.
 The harm has to be “reasonably foreseeable”.

The employer has a duty of care towards workers and others

by providing a safe place of work, safe equipment and
plant, and safe systems of work. Negligence may lead to
compensation being paid.
 DUTY OF CARE
In order to prove a case against the employer the
claimant has to prove the following :

 The employer owed the claimant a “duty of care”.

 The “duty of care” was breached.

 The injury was caused due to the breach in the

‘duty of care”.
CONTRIBUTORY NEGLIGENCE

The court may decide that the claimant also

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

The injury may have been caused by

another employee, but the employer
may still be liable. This is called
“vicarious liability”.
 EXAM QUESTION
1. A serious accident has occurred to a worker and
there will be costs to the organization as a result.
i. Identify THREE costs which are likely to be insured. (3)
Ans. Page 7
ii. Identify THREE costs which are likely to be uninsured. (3)
Ans. Page 7
iii. Outline reasons why it is important that an organization
maintains employer’s liability insurance. (2)
Ans. Page 7
 ECONOMIC
Accidents at work cost a lot of money. The costs
may be divided as :

Insured Costs Uninsured Costs

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

Insured
Costs

Uninsured
Costs
EXAM QUESTION

•Identify possible costs to an organization following

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

¤ Lost time of injured worker & any continued payments to

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

¤ Lost time by other workers who stop work or

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

Employers may not have sufficient resources to pay

compensation to an employee who is harmed due
to the fault of their employer. The Employer’s
Liability Insurance helps cover the compensation
and legal fee costs.
REGULATORY FRAMEWORKS
There are some basic intentions in every country to protect
people at work.
Most responsibilities rest with the employer. Laws governing
this share behavioral expectations for both the employer and
employee.
The International Labor Organization (ILO) is a UN agency
active in setting health and safety standards based on
adopted principals.

Health and safety is governed internationally by:

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

 P155, the Protocol to the Occupational Health and

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

 R164, the Occupational Health and Safety

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

Outline the main health and safety responsibilities of:

• Employers; (4)
• workers. (4)
EMPLOYERS RESPONSIBILITIES
The Employer's Legal Responsibilities to Workers
ILO OSH Convention (C155) states basic obligations for the employer:

 To provide and maintain safe workplaces, machinery, equipment and

work processes.

 To ensure that chemical, physical and biological substances and

agents are without risk to health when protective measures have
been taken.

 To provide adequate protective clothing and equipment to prevent

risks of accidents or adverse health effects.

 Provide measures to deal with emergencies & accidents, including

adequate first-aid arrangements
EMPLOYERS RESPONSIBILITIES
The Employer's Legal Responsibilities to Workers
This is expanded on in Article 10 of R164:
 To provide and maintain workplaces, machinery and equipment and
use working methods that are safe.
 Give necessary instruction, training and supervision in application
and use of health and safety measures.
 Introduce organizational arrangements relevant to activities and size
of undertaking.
 Provide PPE and clothing without charge to workers.
 Ensure that work organization, particularly working hours and rest
breaks, does not adversely affect occupational safety and health.
 Take reasonably practical measures with a view to eliminating
excessive physical and mental fatigue.
 To keep abreast of scientific and technical knowledge to comply
with the above.
 WORKERS RESPONSIBILITIES
The Worker’s Responsibilities and Rights
Convention (C155), Article 19 identifies workers obligations to co-
operate with the employer in fulfilling them, as follows:

 Take reasonable care of their own safety and others affected by their
acts or omissions at work.
 Comply with instruction for, own health and safety and that of
others, and safety procedures.
 Use safety devices and protective equipment correctly, not to
render them inoperative.
 Report to supervisor, any situation presenting a hazard which they
cannot themselves correct.
 Report any accident or injury arising in the course of, or in
connection with work.
WORKER’S RIGHTS

Workers have a right to a safe workplace.

Article 19 of C155 adds the following rights:

“There shall be arrangements at the level of

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

“There shall be arrangements at the level of

the undertaking under which …”

 Workers or representatives are enabled to enquire and are

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

a) Outline the main health and safety responsibilities of an

employer. (6)
Ans. Page 8, 9

b.) Identify actions an enforcement authority might take if it

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

 Enter premises at any reasonable time.

 Take an authorized person if there is an obstruction in the
execution of his duty.
 Examine & investigate.
 Take photographs & measurements.
 Sample or retain unsafe articles & substances.
 Order the testing, dismantling & examination.
 Take possession of items.
 Require answers to questions with a signed statement, if
necessary.
 Inspect & copy documents
 Order a medical examination etc.
THE CONSEQUENCES OF NON-COMPLIANCE

Criminal offence - this is due to a breach of

legislation and results in:
 The company being fined.
 Individuals possibly being fined or imprisoned.
 Improvement notice / citation
 Prohibition notice

Civil liability may also arise:

 Compensation & handouts for injuries may be due in cases
of negligence.
SOURCES OF INFORMATION ON NATIONAL STANDARDS

¤ Acts, Regulations & Orders

¤ Used to set out a framework of national standards of
OH & S by means of legislative structure.
¤ Regulatory Authorities And Agencies
¤ Guidance notes, leaflets, codes of practice, statistics

etc.
¤ National Standards & Approved Codes Of Practice

¤ OSHA 1970
SOURCES OF INFORMATION ON NATIONAL STANDARDS

¤ National Standards & Approved Codes Of Practice

¤ Managing Health & Safety in Construction - CDM 2007
¤ Safe use of work equipment - PUWER 1998
¤ Workplace health, safety and welfare – WHSWR 1992
¤ Official Guidance
¤ Guidance notes issued by regulatory authorities that
are purely advisory and have no standing in law.
SOURCES OF INFORMATION ON NATIONAL STANDARDS

¤ Role of the Courts

¤ When a case is heard in court it can provide insight into
the application of legislation to a specific situation.

¤ Absolute & Qualified Duties

¤ Absolute
¤ Practicable
¤ Reasonably practicable
¤ reasonable
“AS FAR AS IS REASONABLY PRACTICABLE”

Employers are entitled to balance costs of remedy

against benefits in reduction of risks and if the
benefit is minimal compared to the cost, they need
not carry out the duty.

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

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

implies that a computation must be made, in which
the Risk is placed on one scale and the sacrifices
involved in the measures necessary for averting the
risk (whether money, time or effort / trouble) is
placed on the other. If it can be shown that there is a
gross disproportion between them, the defendants
discharge the onus on them to take that measure.
Learning Outcomes

¤ 1.1 Outline the scope and nature of occupational health &

safety.

¤ 1.2 Explain the moral, social and economic reasons for

maintaining and promoting good standards of health &
safety in the workplace.

¤ 1.3 Explain the role of national governments and

international bodies in formulating a framework for the
regulation of health & safety.