Safety at Work Safety at Work Sixth edition Edited by John Ridley and John Channing AMSTERDAM BOSTON HEIDELBERG LONDON NEW YORK OXFORD PARIS SAN DIEGO SAN FRANCISCO SINGAPORE SYDNEY TOKYO Butterworth-Heinemann An imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP 200 Wheeler Road, Burlington, MA 01803 First published 1983 Second edition 1985 Reprinted 1987 Third edition 1990 Reprinted 1991, 1992, 1993 Fourth edition 1994 Reprinted 1996, 1998 Fifth edition 1999 Reprinted 2000 Sixth edition 2003 Copyright © 2003, Elsevier Ltd. All rights reserved No part of this publication may be reproduced in any material form (including photocopying or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright holder except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London, England W1T 4LP. Applications for the copyright holder’s written permission to reproduce any part of this publication should be addressed to the publisher Permissions may be sought directly from Elsevier’s Science and Technology Rights Department in Oxford, UK: phone: (+44) (0) 1865 843830; fax: (+44) (0) 1865 853333; e-mail: permissions@elsevier.co.uk. You may also complete your request on-line via the Elsevier Science homepage (http://www.elsevier.com), by selecting ‘Customer Support’ and then ‘Obtaining Permissions’ British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data A catalogue record for this book is available from the Library of Congress ISBN 0 7506 5493 7 Composition by Genesis Typesetting Limited, Laser Quay, Rochester, Kent Printed and bound in Great Britain BY Contents Foreword xvii Preface to sixth edition xix Preface to first edition xxiii List of contributors xxv Part 1 Law 1 1.1 Explaining the law Brenda Watts 3 1.1.1 Introduction 3 1.1.2 The incident 3 1.1.3 Some possible actions arising from the incident 3 1.1.4 Legal issues of the incident 4 1.1.5 Criminal and civil law 4 1.1.6 Branches of law 5 1.1.7 Law and fact 7 1.1.8 The courts 7 1.1.9 Judicial precedent 17 1.1.10 Court procedure 18 1.1.11 Identity of court personnel 24 1.1.12 Employment Tribunals 26 1.1.13 European Community Courts (ECJ) 27 1.1.14 Human Rights Courts 29 1.1.15 Sources of English law 29 1.1.16 Legislation 30 1.1.17 Safety legislation before the Health and Safety at Work etc. Act 37 1.1.18 Safety legislation today 38 1.1.19 Principles developed by the courts 41 vi Contents 1.2 Principal health and safety Acts S. Simpson 49 1.2.1 The Health and Safety at Work etc. Act 1974 49 1.2.2 The Factories Act 1961 59 1.2.3 The Fire Precautions Act 1971 59 1.2.4 The Mines and Quarries Acts 1954–71 61 1.2.5 The Environmental Protection Act 1990 61 1.2.6 The Road Traffic Acts 1972–91 62 1.2.7 The Public Health Act 1936 62 1.2.8 Petroleum (Consolidation) Act 1928 63 1.2.9 Activity Centres (Young Persons Safety) Act 1995 63 1.2.10 Crown premises 63 1.2.11 Subordinate legislation 64 1.3 Influences on health and safety J. R. Ridley 67 1.3.1 Introduction 67 1.3.2 The Robens Report 67 1.3.3 Delegation of law-making powers 68 1.3.4 Legislative framework for health and safety 69 1.3.5 Self-regulation 70 1.3.6 Goal-setting legislation 71 1.3.7 European Union 72 1.3.8 European standards 75 1.3.9 Our social partners 77 1.3.10 Social expectations 77 1.3.11 Public expectations 78 1.3.12 Political influences 78 1.3.13 Roles in health and safety 79 1.3.14 Safety culture 80 1.3.15 Quality culture 80 1.3.16 No fault liability 81 1.3.17 Risk assessments 81 1.3.18 Conclusion 82 1.4 Law of contract R. W. Hodgin 84 1.4.1 Contracts 84 1.4.2 Contracts of employment 87 1.4.3 Employment legislation 88 1.4.4 Law of sale 90 1.4.5 Specialised legislation affecting occupational safety advisers 92 1.5 Employment law R. D. Miskin updated by Amanda Jones 96 1.5.1 Introduction 96 1.5.2 Employment law 96 1.5.3 Discrimination 98 1.5.4 Disciplinary procedures 105 1.5.5 Dismissal 107 1.5.6 Summary 117 Contents vii 1.6 Consumer protection R. G. Lawson 119 1.6.1 Fair conditions of contract 119 1.6.2 A fair quality of goods and services 127 1.6.3 Product safety 127 1.6.4 Product liability 132 1.6.5 Misleading advertising 134 1.6.6 Exclusion clauses 135 1.6.7 Distance selling 138 1.6.8 Stop now orders 138 1.6.9 Consumer redress 139 1.7 Insurance cover and compensation A. West 141 1.7.1 Workmen’s compensation and the State insurance scheme 141 1.7.2 Employer’s liability insurance 144 1.7.3 Public Liability insurance 150 1.7.4 Investigation, negotiation and the quantum of damage 151 1.7.5 General 155 1.8 Civil liability E. J. Skellett 156 1.8.1 The common law and its development 156 1.8.2 The law of tort 157 1.8.3 Occupier’s Liability Acts 1957 and 1984 160 1.8.4 Supply of goods 161 1.8.5 Employer’s liability 162 1.8.6 Employer’s Liability (Defective Equipment) Act 1969 165 1.8.7 Health and Safety at Work etc. Act 1974 165 1.8.8 Defences to a civil liability claim 166 1.8.9 Volenti non fit injuria 167 1.8.10 Limitation 168 1.8.11 Assessment of damages 168 1.8.12 Fatal accidents 170 1.8.13 ’No fault’ liability system 170 Part 2 The management of risk 173 2.1 An introduction to risk management J. E. Channing 175 2.1.1 Introduction 175 2.1.2 The components of risk 177 2.1.3 Strategies to control risk 180 2.1.4 Risk management in the 21st century 184 2.2 Principles of the management of risk L. Bamber 187 2.2.1 Principles of action necessary to prevent accidents 187 2.2.2 Definitions of hazard, risk and danger 188 2.2.3 Risk management 190 2.2.4 Loss control 193 2.2.5 Degrees of hazard 197 2.2.6 Accident causation models 198 2.2.7 Accident prevention: legal, humanitarian and economic reasons for action 201 viii Contents 2.3 Risk management: organisation and administration for safety J. E. Channing 205 2.3.1 Introduction 205 2.3.2 Organisation structure models 206 2.3.3 Roles and responsibilities 210 2.3.4 Work groups 212 2.3.5 Organisational theory 214 2.3.6 Organisational techniques 217 2.3.7 Culture 220 2.3.8 Potential problems 221 2.3.9 The role of specialists in the organisation 224 2.3.10 Conclusion 225 2.4 Risk management: techniques and practices L. Bamber 227 2.4.1 Risk identification, assessment and control 227 2.4.2 Job safety analysis 233 2.4.3 System safety 238 2.4.4 Systems theory and design 240 2.4.5 System safety engineering 243 2.4.6 Fault tree analysis 243 2.4.7 Probabalistic risk assessments 244 2.4.8 Health and safety in design and planning 246 2.4.9 Quality, Environment, Safety and Health Management Systems (QUENSH) 248 2.4.10 Use of data on accidents 250 2.4.11 Maintenance systems and planned maintenance 251 2.4.12 Damage control 252 2.4.13 Cost-effectiveness of risk management 253 2.4.14 Performance evaluation and appraisal 257 2.4.15 Loss control profiling 259 2.5 The collection and use of accident and incident data Dr A. J. Boyle 263 2.5.1 Introduction 263 2.5.2 Types of accident and incident data 263 2.5.3 Collection of accident and incident data 267 2.5.4 Legal requirements to notify accidents and incidents 271 2.5.5 The use of accident and incident data 271 2.5.6 Epidemiological analysis 279 2.5.7 Accident investigation 281 2.5.8 Accident and incident data and risk assessment data 292 2.5.9 The use of computers 294 Appendix. UK requirements for reporting accidents and incidents 299 2.6 Practical safety management: systems and techniques J. E. Channing 304 2.6.1 Introduction 304 2.6.2 Legal obligations 305 2.6.3 Generic safety management 306 Contents ix 2.6.4 Implementing a regulation within a safety management system 310 2.6.5 Safety management and housekeeping 315 2.6.6 Assessment techniques 319 2.6.7 Proprietary audit systems 322 2.6.8 Safety systems and incidents 324 2.6.9 Learning organisations 325 2.6.10 Safety management systems in small organisations 327 2.6.11 Conclusion 328 2.7 The individual and safety Andrew Hale 330 2.7.1 Introduction: What does this chapter try to do? 330 2.7.2 Individuals as controllers of danger 332 2.7.3 Behavioural science and the human information processor 335 2.7.4 Individual behaviour in the face of danger 351 2.7.5 Change 373 2.7.6 Conclusion 385 2.8 Risk management and behaviour modification J. E. Channing 389 2.8.1 Introduction 389 2.8.2 Behaviour modification for employees 391 2.8.3 Behaviour modification for managers and supervisors 402 2.8.4 Applying behaviour concepts to incident investigation 408 2.8.5 Behaviour concepts and the safety management system 410 2.8.6 Risk, behaviour, leadership and commitment 410 2.8.7 Behaviour modification processes: the hazards 412 2.8.8 Behaviour and safety culture 413 2.8.9 Conclusion 415 Part 3 Occupational health and hygiene 419 3.1 The structure and functions of the human body Dr T. Coates 421 3.1.1 Introduction 421 3.1.2 History 421 3.1.3 The functions of an occupational health department 424 3.1.4 Overseas developments 424 3.1.5 Risks to health at work 425 3.1.6 Occupational hygiene 426 3.1.7 First aid at work 427 3.1.8 Basic human anatomy and physiology 428 3.1.9 Cancer and other problems of cell growth 443 3.1.10 The body’s defence mechanisms 444 3.1.11 Factors determining the effect of substances in the body 445 3.1.12 The assessment of risk to health 446 x Contents 3.2 Occupational diseases Dr A. R. L. Clark 447 3.2.1 Introduction 447 3.2.2 Toxicology 447 3.2.3 Diseases of the skin 451 3.2.4 Diseases of the respiratory system 454 3.2.5 Diseases from metals 460 3.2.6 Pesticides 464 3.2.7 Solvents 465 3.2.8 Gassing 469 3.2.9 Oxygen deficiency 471 3.2.10 Occupational cancer 473 3.2.11 Physical agents 475 3.2.12 Ionising radiations 476 3.2.13 Noise-induced hearing loss 479 3.2.14 Working in heat 482 3.2.15 Work-related upper limb disorders (WRULD) 482 3.2.16 Diseases due to micro-organisms 483 3.2.17 Psycho-social disorders 487 3.2.18 Target organs 488 3.3 Occupational hygiene Dr C. Hartley 492 3.3.1 Recognition 492 3.3.2 Evaluation 493 3.3.3 Control measures 512 3.3.4 Summary 522 3.4 Radiation Dr A. D. Wrixon and updated by Peter Shaw and Dr M. Maslanyj 524 3.4.1 Introduction 524 3.4.2 Structure of matter 524 3.4.3 Radioactivity 525 3.4.4 Ionising radiation 525 3.4.5 Biological effects of ionising radiation 526 3.4.6 Quantities and units 527 3.4.7 Basic principles of radiological protection 528 3.4.8 Legal requirements 533 3.4.9 National Radiological Protection Board 536 3.4.10 Incidents and emergencies 537 3.4.11 Non-ionising radiation 537 3.5 Noise and vibration R. W. Smith 543 3.5.1 What is sound? 543 3.5.2 Other terms commonly found in acoustics 546 3.5.3 Transmission of sound 550 3.5.4 The sound level meter 550 3.5.5 The ear 552 3.5.6 The equivalent noise level 553 3.5.7 Community noise levels 554 3.5.8 Work area noise levels 555 [...]... edition Since the first welfare Act was put on the Statute Book in 1802 there has been a steady development in safety and health legislation aimed at improving the lot of those who work in mills, factories, and even in offices In the past two decades official concern has increased, culminating in 1974 in the Health and Safety at Work etc Act Safety at Work has now taken on a new and more pertinent meaning... National Training Organisation for Employment (ENTO) in which a range of interested parties participated, a set of occupational health and safety standards was developed These have been integrated with the Scottish and National Vocational Qualifications (S/NVQ) to form the basic academic background leading to membership of the Institution of Occupational Safety and Health (IOSH) Examinations against these... Vibration 3.5.11 Summary 556 564 566 3.6 Workplace pollution, heat and ventilation F S Gill 3.6.1 Methods of assessment of workplace air pollution 3.6.2 Measurement of the thermal environment 3.6.3 Standards for workplace environments 3.6.4 Ventilation control of a workplace environment 3.6.5 Assessment of performance of ventilation systems 568 569 572 573 575 577 3.7 Lighting E G Hooper and updated... cause of health and safety of workpeople for so many years Not least among these are the relationships that have developed between employers and employees that are so essential for good performance in, not only health and safety, but all the aspects of occupational activities Risk assessments have been a growing and central feature of health and safety activities through their application to general employment... List of abbreviations Appendix 4 Organisations providing safety information Appendix 5 List of Statutes, Regulations and Orders Appendix 6 List of Cases 1007 Index 1031 1008 1009 1015 1017 1025 Foreword Bill Callaghan, Chairman – Health & Safety Commission In 1972 Lord Robens wrote [We are] in no doubt that the most important single reason for accidents at work is apathy There is a curious paradox here... nationally recognised qualification in this new industrial discipline With this in mind the Institution of Occupational Safety and Health (IOSH) published in 1978 a syllabus of subjects for study by those seeking to become professionally qualified in this field This syllabus now forms the foundation upon which the National Examination Board in Occupational Safety and Health (NEBOSH) sets its examinations... and managers in health and safety has been highlighted by a number of major incidents, in some of which lives were lost Subsequent investigation established serious shortcomings in the commitment and support for health and safety at very senior levels in the organisations concerned Safety is like water, it flows downhill and if the spring at the top is dry it is unlikely that the seeds planted below... even greater valued goal This, in turn, will demand high standards of academic attainment in the qualifying examinations While the universities have established their own standards of excellence that they demand of their graduates – standards that are moderated by IOSH – other teaching and training establishments have to rely on nationally available standards Following discussions, led by the National... replacements, and even their own reputation Not enough employers appreciate the value of a committed, interested workforce that knows it is cared for and involved Obvious concern for xviii Foreword health and safety is one way employers can show they value their workforce We need to invest in a culture that involves employers and employees working together in partnership A committed workforce brings continuity,... any of the organisations which have so willingly provided material It has been common practice to refer to the safety specialist as the safety officer’, but this implies a degree of executive authority which does not truly indicate the role he plays Essentially that role is one of ˆ ˆ monitoring the conditions and methods of work in an organisation to ensure the maintenance of a safe working environment . Permissions’ British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data A catalogue record for. 29 1.1.15 Sources of English law 29 1.1.16 Legislation 30 1.1.17 Safety legislation before the Health and Safety at Work etc. Act 37 1.1.18 Safety legislation today 38 1.1.19 Principles developed by. support for health and safety at very senior levels in the organisations concerned. Safety is like water, it flows downhill and if the spring at the top is dry it is unlikely that the seeds planted