Safety at Work 6 E Part 19 docx

Index 1055 Occupiers: and civil liability, 160–1 liability of, 43–4, 92–4 Office of Fair Trading (OFT), 134–5, 137, 138 Offices, early safety legislation, 37 Ohm’s law, 774 Orders, regulations and statutes, 1015–22 Orders (subpoenas), 21 Organic compounds, 655, 656 Organic dusts, pneumoconiosis from, 455 Organic vapour analyser, 501 Organisational theory, 214–17 Herzberg’s theory of job motivation, 215–16 Maslow’s Hierarchy of Human Needs, 214–15 organisational techniques, 217–20 Organisations providing safety information, 1014–15 Owners, duties of, 52 Oxygen: effects of starvation, 431–2 and fire, 672 normal requirements, 471–2 oxygen analyser, 502–3 response to deficiency, 473 Pacemakers, 437 Pancreas, 441 Pascal, 544 Passive smoking, 43 Pearson Commission, 81 Pecuniary/non-pecuniary losses, 153–5 Per Curiam, 18 Per incuriam, 18 Performance evaluation and appraisal, risk, 257–9 Permits to work (PTW): chemicals, 883–5 electrical, 779, 783–4, 784–5 Personal hygiene, 515 Personal injury: claims, Pro-Action Protocol, 152 HSW definition, 58 Personal protection from risk, 181 Personal protective equipment (PPE): air pollution, 515–22 chemicals, 857–9 construction sites, 842–7 for electricity, 779 legal requirements, 612 Persuasive decisions, 17 Pesticides, diseases from, 464–5 Peterson, D.C., 200 Petroleum spirit: construction sites, 846 legislation for, 63 Phons, 546 Phosgene, effects of, 471 Photokeratitis, 538 Physical danger, immediate/long-term, 198 Physiology and anatomy see Human body, structure and functions Pitch, cancer from, 453–4 Pitot-static tube, 579–80 Planned maintenance, and risk management, 251 Planning, for health and safety, 246–8 Plant: employer’s liability for, 164 HSW definition, 58 Plant design, and ergonomics, 640 Plant and equipment, examination of: Approved Codes of Practice (ACoP), 796 competent persons, 812–13 electrical equipment and installations, 795, 810–11 food equipment cleanliness, 63 gas containers, 795–6 history of, 793–4 legislation, 794, 795 pipelines, 795–6 power presses and press brakes, 806–8 reporting, statutory requirements, 813–14 testing, 668 unfired pressure vessels and pipework, 800 ventilation, 808–10 see also Boilers; Cranes; Lifts/hoists/lifting equipment; Pressure systems 1056 Index Pleading guilty, 22 Pneumoconiosis, 454–6, 472 Pneumonia, and cancer, 473 Poisons, in body, 431, 445–6 Political influences, 78–9 Pollution: control and environmental protection, 196 legislation for, 61–2 see also Air pollution/sampling/control; Chemicals and the environment; Environmental issues/management/legislation; Workplace pollution, heat and ventilation Polytetrafluoroethylene (ptfe) fumes, 463 Pontiac fever, 485 Positive reinforcement, 391–3 Powered trucks: HSE lighting guidance booklet, 751 operator training, 750 safe operating conditions, 750–4 Precedent, judicial, 17, 156 Premises: for food, cleanliness, 63 HSW definition, 59 Prescribed Industrial Diseases/Benefits, 142–3 Presses and press brakes, 806–8 examination and testing, 806–8 power press regulations, 807 Pressure, physical, definition, 658, 664 Pressure systems: codes of practice and guidance notes, 796 and competent persons, 812–13 definition, 795 examinations, 765 for experimental purposes, 762 fired and heated vessels, 762 pipeline examination, 795–6 piping, 762 Pressure Equipment Directive, 760 record keeping, 765–6 regulations for safe use, 763–6, 794–6 rigid construction examination, 795–6 transportable gas container examination, 795–6 unfired vessels, 762 see also Boilers Pricing offences, 123–6 Private nuisance, 157–8 Privileged/not privileged documents, 21 Pro-Action Protocol for personal injury, 152 Procurators-fiscal, 4 Product liability, 132–4 and loss control, 196–7 Product recall, product safety, 128, 130 Product safety: development risks defence, 133 EU information exchange, 129 food and medicines, 131–2 forfeiture orders, 131 notices to warn, 130 producer/distributor obligations, 127–8 product recall, 128, 130 Prohibition Notices, 56, 60, 130, 189 regulations for, 131, 132 safe, definition of, 128 Suspension Notices, 130–1 Prohibition Notices, 56, 189 fire, 60 goods, 130 Project design/commissioning, for health and safety, 246–8 Proportionality, principal of, 29 Protective clothing see Personal protective equipment (PPE) Proteins, 429 Protons, 524, 651 Psychological danger, immediate/long-term, 198 Public expectations, 78 Public law, 5–7 Public Liability insurance, 150–1 Public nuisance, 157–8 Punishment reinforcement, 392 Purposive interpretations of EU law, 32 Quality: fair quality, 127 goods and services, 127 merchantable quality, 127 Index 1057 Quality culture, 80–1 Quality, environment, safety and health (QUENSH) management systems, 248–50 Quality and safety, 249–50 Quality systems, and BSI EN ISO 9001, 249 Quantum of damage, 151–5 Quantum meruit, and contracts, 87 Quarries: early safety legislation, 38 legislation, 61, 846 Queen’s Bench, 11 Quota hopping, 27 Race discrimination laws, 100–1 occupational exceptions, 101 Radiation, 524–42 absorbed dose, 528 activity of a radionuclide, 527 acute radiation syndrome, 478 approved dosimetry service (ADS), 534 and cancer, 527 Chernobyl incident, 898–9 contamination meters, 531–3 control principles, 479 dose limits, 478–9, 533–5 dose rate meters, 532 dose-response relationship, 898–9 effective dose, 528 effects of, 477 electric and magnetic fields, 539–41 environmental hazards, 898–9 equivalent dose, 528 incidents and emergencies, 537 infrared, 539 internal, 478 International Commission on Radiological Protection (ICRP), 528–9, 536 ionising radiation, 525–7 biological effects, 526–7 lasers, 539 legal requirements, 533–6 long term effects, 478 monitoring, 530–3 National Arrangements for Incidents involving Radioactivity (NAIR), 537 National Radiological Protection Board (NRPB), 536–7 nature of, 476–7 non-ionising, 537–41 optical, 538–9 pregnant women, 533 protection: from external radiation, 530 from internal radiation, 530 principles, 528–33 quantities and units, 527–8 Radiation Protection Advisers (RPAs), 534–5, 537 Radiation Protection Supervisor (RPS), 535 radiation type fire detectors, 683 radioactivity, 525, 526 structure of matter, 524–5 tissue sensitivity, 477 transport regulations, 536 ultraviolet, 538–9 United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR), 898 Ramazzini, on trade diseases (early), 422 Ratio decidendi, 17, 18, 30, 156 Reasonableness, test of, 107 Reasonably practical, meaning of, 306 Reduced Earnings Allowance, 143 Redundancy, 113–14 guidelines for employers, 114 Reflectance factor, 583 Regulations, statutes and orders, 1016–23 Remedies, contracts, 86–7 Renewable versus non-renewable energy, 992–3 Repair, contracts for, 91 Repetitive strain injury (RSI), 606, 639 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 299–303 Reports, writing, accidents, 289–91 Representation, 8 1058 Index Res ipsa loquitur: as a defence, 147 and negligence, 159 Residual current devices (RCDs), 780, 781, 789–90 Respirators, types of, 518, 519 Respiratory protective equipment (RPE), chemicals, 858–9 Respiratory system/diseases see Lungs RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), 299–303 Right to silence, 22 Risk: aggregated accident and incident data, 192–3 definitions, 176, 188–9 perception of risk, 179–80 and personal protection, 181 pure and speculative, 190 risk avoidance, 192 risk probability, 231 risk substitution, 181 risk transfer, 192 short/long term, 232 single accidents and incidents, 192–3 societal risks, 245 see also Behavioural modification and risk management; Danger; Hazards Risk assessment, 81–2 checklist method, 880 chemical plants, 878–81 definition, 176 Dow-Mond index, 880 fault tree analysis (FTA), 179, 243–4, 881, 200.292 performance evaluation and appraisal, 257–9 probabilistic risk assessment, 244–6 public perception of, 78 risk assessment, 191, 230–2, 358–9 risk estimation, definition, 176 risk evaluation, 191 definition, 176 risk rating, 179, 231, 232 risk scales and probability, 364–5 ‘what-if’ method, 880 Risk management organisation and administration, 205–26 for 21st century, 184–6 acceptable risk level, 179, 361 by accident costing, 253–5 administrative and documentation, 217–18 assessment and administrative processes, 217 audit, 183–4 authority, 210–11 basic concepts, 175–6 bureaucracy, problems of, 221–4 conflict, problems of, 222–3 control assessment, 232 control strategies, 180–4, 191–3 cost benefit analysis, 256 cost effectiveness of, 253–6 and damage control, 252–3 financial accountability, 257–8 focus, loss of, 224 formal structures, 207–9 delayering, 208–9 HSE guidance, 182–4 informal structures, 209–10 loss control profiling, 259–61 and maintenance systems, 251 management processes, 181–4 meeting structures, 218–20 motivational theory, 257–8 organisation structure models, 206–10 organisational techniques, 217–20 organisational theory, 214–17 planned maintenance, 251–2 planning and implementing, 183 power, 211–12 quality circles, 213–14 risk elimination, 180–1 risk identification, 191, 227–30 risk magnitude, 230 risk reduction, 181 risk reduction/loss control, 192–3 role and process, 190–1 roles and responsibilities, 210–12 safe systems of work, 237–8, 238–9 and safety cultures, 220–1 specialists, roll of, 224–5 trade union representation, 219 work groups, 212–14 Index 1059 see also Accident prevention; Health and safety; Job safety; Loss control; Safety management; System safety Road traffic legislation, 62 Robens Committee/Report, 38, 50, 67–8 Royal Assent, 31 Safe use of machinery see Machinery, safe use of Safety advisers, 202, 203, 321 Safety committees, 219–20, 322 Safety cultures, 80, 220–1, 413–15 CBI features for, 413–14 Safety, goods see Product safety safety information, organisations providing, 1013–14 Safety legislation: absolute and strict liability, 40–1 before Health and Safety at Work Act, 37–8 EU influence, 39–40 Health and Safety at Work Act, 38–41 International Safety Rating System, 322–3 mines, 38, 61 petroleum spirit, 63 quarries, 38, 61 standards of duty, 40–1 Safety management: assessment techniques, 319–22 audit questions, 321 audit systems, 322–4 benchmarking, 326–7 and common law, 305–6 good housekeeping for, 315–19 HSE management model, 306–10 learning organisations, 325–7 legal obligations, 305–6 local assessment systems, 309–10 regulation implementation, 310–15 key steps, 310–12 MHOR implementation, 310, 313–14 organising, 312–13 progress measurement, 313–15 safety culture, 384–5 safety policies, 52 safety rules, 382–4 safety systems and incidents, 324–5 small organisations, 327–8 and statute law, 306 training, 382 see also Risk management organisation and administration; System safety Safety representatives, 104–5 Sales: by sample, 91 implied terms, 91 laws of, 90–2 Sampling see Air pollution/sampling/control Scaffolding, 834–5 British Standard Code of Practice, 834 decking, 834 guard rails, 834 ladders, 835 mobile towers, 836, 837 Scots Law Times (SLT), 18 Scrotum, cancer of, 452–3 Security, and loss control, 195 Self-employed person, HSW definition, 59 Self-regulation, 70–1 Sensitisers, 452 Services: fair quality, 127 and false descriptions, 121–3 Sessions Cases (SC), 18 Severe Disablement Allowance, 143 Sewers, safety with, 832–3 Sex discrimination laws, 98–100 and equal opportunities, 99 occupational exceptions, 99–100 pregnancy and maternity, 100 Sex glands, 442 Shaftesbury, Earl, on humanitarian legislation, 422 Sheriff Court, 8, 13, 14 Sickness see Occupational diseases Sight, defects to, 353–4 Signs and signals, ergonomics of, 645–6 Silencers, 559–60 Silicosis, 456–7 1060 Index Skin, 442–3 barrier creams, 521–2 illnesses/diseases, 451–4, 488 Smell, 440–1 defects to, 353–4 Smoke detectors, 679–82 see also Fire alarms, detectors and protection measures Smoking: as a fire hazards, 676–7 and health, 445, 475 Sneezing, 444 Social expectations, 77 Societal risks, 245 Society of Industrial Emergency Services Officers (SIESO), 888 Sodium lamps, 584, 585 Solicitor General, 25 Solicitors, and representation, 8 Solids: expansion, 662 latent heat of fusion, 662 physical properties, 662–3 Solvents, diseases from, 465–9 Sound: amplitude, 544–6 decibel, 548 frequency, 546 level meters, 550–2 loudness, 546–7 octave bands, 548 power levels, 549–50 sound pressure level (SPL), 544–5 transmission, 550 weighting curves, 548–9 see also Hearing; noise Space, working environment, 633 Special (hazardous) waste, 926, 940–2, 973, 975–6 Specialists, role of, 224–5 Spinal column, 620–4 Spontaneous combustion/ignition temperature, 673 Sprinkler fire protection systems, 696–7 SREDIM principle, 233–5 Stain detector tubes, 493–8 Standards: European, 75–6 harmonisation in Europe, 75–6 Standards of duty, 40–1 Stare decesis, 17 State of the art, as a defence, 151 State industrial injury benefit, 3 State insurance schemes, 142 Static electricity, 782, 785 Statute law, 306 Statutes, regulations and orders, 1015–22 Statutory accident book, 427 Statutory enactments, contravention of, 114 Statutory interpretation, 32 Statutory nuisances, 62, 961 Statutory Sick Pay, 142 Steam see Boilers; Pressure systems Stipendiary magistrates, 24 Stop now orders, 138 Stress in people: causes of, 370–1, 487–8 effects, 441 and ergonomics, 607, 643–4 and the incident model, 408–10 Stress, tensile, compressive, shear, bending, 665–7 Strict liability offence, 121 Structure of matter, 651–3 Substance, HSW definition, 59 Substances, duties on suppliers of, 53 Successful Health and Safety Management (HSE), 248 Sulphur dioxide, effects of, 471 Summary trials, 8 Supervision, employer’s liability for, 164–5 Suppliers’ obligations, 53 Suspension: employee, 88 on medical grounds, 88 Suspension Notices, Goods, 130–1 Sustainable development, 895–8 System safety: engineering, 243 methods of analysis, 239–40 principles, 238 system conceptual phase, 239 system design/engineering phase, 239 system disposal phase, 239 Index 1061 system operational phase, 239 systems diagrams, 240–1 systems theory and design, 240–2 see also Safety legislation; Safety management Tankers, chemical: legislation, 871–2 off-loading, 869–70 Taste, 440–1 defects to, 353–4 Taylor, F.W., 597 Teeth, illnesses with causes, 489 Temperature, 657–8 working environment, 633–4 Tendinitis, 607 Tenosynovitis, 482, 607 Teratogenesis, 444 Testing: plant and machinery, 668 see also Plant and equipment, examination of Tetrachloroethylene, toxic effects, 469 Thackrah, Dr C.T., on children in factories, 422 Thermal environment, working in, 482 Third parties on site, duty to, 43–4 Third party liability, 151 Threshold Limit Values (TLV): air sampling, 505 derivation of, 511 Thyroid gland, 441 Time Weighted Average (TWA) concentrations, air pollution, 508 Toluene, toxic effects, 469 Tort: of breach of statutory duty, 42–3 definition, 7 negligence, 41–2, 43, 158–9 nuisance, 157–8 and strict liability, 41 trespass, 157 Touch, defects to, 353–4 Toxicology, 447–51 acute effects tests, 448 carcinogenicity tests, 448–9 chronic effect tests, 448 effects, 449 epidemiology, 450–1 excretion, 449–50 factors affecting, 450 metabolism, 449 no-adverse-effect level, 450 portals of entry, 449 and solvents, 466 Trade Unions: employees rights to membership, 89 representation on safety committees, 52, 219 Transport, chemicals, 871–2 off-loading, 869–70 Treaty of European Union 1991, 27, 33 Treaty of Rome, 33 Trend analysis: accident/incident data, 271–9 for data comparisons, 277–8 with steady state, 272–6 with variable conditions, 276–7 Trespass: by children, 150 and civil liability, 157 Trichloroethylene: harmful effects, 467 Maximum Exposure Limit (MEL), 468 properties and metabolism, 466–8 risk prevention, 468 Tuberculosis, 486 Tungsten halogen lights, 585 Tyndall (dust) lamp, 810 Ultraviolet radiation, 538–9 Unfair contract terms, 136–8 Unions, and safety consultation/representation, 104–5 Vagus nerve, 435 Vanadium, illness and diseases from, 464 Vane anemometer, 578, 579 Vehicle safety legislation, 62 1062 Index Ventilation control of a workplace environment, 575–7, 637–8 asbestos dust control, 809 asbestos and lead requirements, 809 chemicals, 857 COSHH inspection requirements, 808–9 dilution ventilation, 514, 576–7 extract ventilation, 575–6 local exhaust ventilation (LEV), 514 performance assessment, 577–80 pitot-static tube, 579–80 statutory examination, 808–10 tests, 810 Tyndall (dust) lamp, 810 vane anemometer, 578, 579 Vibration, 564–6 effects of, 565 and ergonomics, 642–3 machinery isolation, 565–6 vibration white finger (VWF), 476, 565, 833 damage claims for, 149–50 Vicarious liability, 146 Vinyl chloride monomer, 475 Visual display units/terminals (vdts) see Display screen equipment (DSE) Visual impairment, 611 Volenti non fit injuria, 44 as a defence, 147, 167 Volume, 658 Warnings, and disciplinary procedures, 106 Washing facilities, construction sites, 845 Waste management, 921–54 best option selection, 929–30 Best Practicable Environmental Option (BPEO), 905, 927 categorisation of waste, 928–9 clinical waste, 926 common offences, 952–3 contractor selection, 976–7 controlled waste, 61, 925–6, 973, 975 cost of failure to manage, 953–4 definition of waste, 924–6 Department of the Environment Food and Rural Affairs (DEFRA), 954 difficult waste, 926 disposal issues, 992 duty of care, 930–2, 975–6 audit, 977–82 off-site waste, 939–40 England and Wales strategies, 923–4 environmental agencies’ responsibilities, 922–3 Framework Waste Directive, 926 handling and deliveries, 934 hazardous (special) waste, 926, 940–2, 973, 975–6 Approved Code of Practice on Test Methods, 941 Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply, 940–1 Approved Supply List, 940, 941 off-site, 940–1 history, 921–2 household waste, 925 identification of waste streams, 928 industrial waste, 925 and integrated pollution control (IPC), 961 international waste transfers, 942 labelling of containers, 933 legislation, 922 licensing, 932–3 national strategies, 923–4 off-site waste management, 938–42 planning on-site management, 930–8 practical steps, 927–42 prevention of contravention by another person, 931 prevention of escape of waste from control, 931 reuse/recycling industrial waste, 982 Scottish strategy, 924 storage of waste, 933 transfer of waste considerations, 931–2 Index 1063 waste disposal, 961, 973–82 waste disposal authorities, 922–3 waste management hierarchy, 895–8, 926–7 waste management strategy development, 974–5 waste packaging offences, 953 waste producer responsibilities, 981–2 waste regulation offences, 953 see also Air pollution/sampling/control; Chemicals and the environment; Environmental issues/management/legislation; Environmental Protection Act (EPA); Water pollution Waste minimisation, 942–51 benefits of, 943 employee information and awareness, 944 feasibility of options, 948–50 inventory control, 944 management considerations, 943–4 mass conservation principle, 946 material handling, 944 performance monitoring, 951 practical implementation, 945–51 preventative maintenance, 944 process modifications, 944 project implementation, 950 raw material substitution, 945 re-use and recycling, 945 senior management commitment, 943 spillage and leakage prevention, 944 staff training, 951 target and time scale setting, 950–1 techniques, 943–5 waste segregation, 944 waste source identification, 945–8 waste stream prioritising, 948 Water: on fires, 657 in human body, 429–30 Water pollution, 970–2 ’Consent to Discharge Trade Effluent’ from water service companies, 934 controlled waters, 971 effluent discharge, 971–2 effluent subject to specific controls, 936–7 emergency response procedures, 934 groundwater pollution, 972–3 liquid waste on-site, 934–8 Mogden Formula, 937–8, 998 RED/BLACK/GREY lists, 970 sewer discharge, 971–2 spillage procedures, 934, 935 trade effluent, 934–8 treatment works, 936 water abstraction offences, 952 Water Industries Act, 970 water pollution offences, 952 Water Resources Act, 970 water service companies, 936–7 Waterman L., recommendations to directors, 185 Weekly Law Reports (WLR), 18 Weil’s disease, 833 Welfare facilities, construction sites, 841–2 Whirling hygrometer, 504 White Papers, 32 Whitworth, Sir J., 793 Witnesses, 22–3 Woolf Report Access to Justice, 19 Work: energy and power, 663–4 first aid at, 427–8 health risks at, 425 HSW definition, 58 Work related upper limb disorders (WRULD), 482–3, 606–9 from display screen equipment (DSE), 607–9, 611 physiology of, 606–7 Work-related stress, 409 Working environment, 631–8 cleanliness, 632 colour, 632–3 humidity, 635 lighting, 635–7 space, 633 temperature, 633–4 ventilation, 637–8 1064 Index Working Group on the Assessment of Toxic Chemicals (WATCH), 506 Working time directives (EU), 28, 105 Workmen’s compensation scheme, 141 Workplace inspections, 228 Workplace pollution, heat and ventilation, 568–80 airborne dust measurement, 569–72 airborne gases and vapours measurement, 572 maximum exposure limits, 574 standards, 573–4 thermal environment measurement, 572–3 time weighted average (TWA), 569 time weighted average (TWA) values, 574 units and recommendations, 574 ventilation control, 575–7 ventilation performance assessment, 577–80 wet and dry bulb temperature measurement, 573 see also Air pollution/sampling/control Writer’s cramp, 482 Written safety policy, 52 X-rays, 526 Young persons: and Employment law, 102–3 employment of, 102–3 Young’s modulus, 665 Zinc fume fever, 463 . 812–13 definition, 795 examinations, 765 for experimental purposes, 762 fired and heated vessels, 762 pipeline examination, 795 6 piping, 762 Pressure Equipment Directive, 760 record keeping, 765 6 regulations. equipment (DSE), 60 7–9, 61 1 physiology of, 60 6–7 Work- related stress, 409 Working environment, 63 1–8 cleanliness, 63 2 colour, 63 2–3 humidity, 63 5 lighting, 63 5–7 space, 63 3 temperature, 63 3–4 ventilation,. 970–2 ’Consent to Discharge Trade Effluent’ from water service companies, 934 controlled waters, 971 effluent discharge, 971–2 effluent subject to specific controls, 9 36 7 emergency response procedures, 934 groundwater