Health and Safety at Work Act 1974: a guide for employers
Page 48
Page 49
Page 50
If you've noticed an error in this article please click here to report it so we can fix it.
6. How the new law will be administered
1E OUTLINES for the detailed ministrative framework of the With and Safety at Work etc A 1974 are becoming clearer. Lis "enabling" legislation, ring sweeping new powers to vernment to tighten up law forcement, backed with stiff es and imprisonment for faulting employers, would not hieve its objective if industry is greatly slowed down by cessive discipline. Yet broadly sed exhortations to managers look constantly to safety and alth matters, in their capey as employers, would not lieve the desired results, her. If only a small proporn of 'employers ignored the es, then the whole object of legislation—to cut down yidable industrial accidents— n practice, the Health and Iety Commission intends to y largely on employers and rkers conforming with moved codes of safety. The gh sanctions written into the t will be used as a last ret, though Bill Simpson, Comision chairman, revealed in a to the TUC nearly six nths ago, that of the 77 ices issued throughout the ntry, 40 were improvement ices, nine were deferred proition notices and 28 were nediate prohibition notices.
I is some comfort to learn t the issue of the immediate hibielon notices had not inved any large-scale shutting vn of plant, though, clearly, visiting inspector coming DSS a dangerous situation h as caused the Flixborough toter, would be quite entitled ;lap a "close down" notice on employer concerned. Instingly, Mr Simpson revealed 1 under the Act inspectors a informing work people as I as management about the a of notices.
his particular innovation, r part of the legislation, acts the views many emTees have expressed over the : 40 years. There have been iy instances where an emlet 'has been reported by oloyeeS over the alleged uch of safety rules, with no Taction taken to satisfy the complainants. Today, the situation is very different, and it would be highly embarrassing to an employer to be issued with any type of disciplinary notice by Commission inspectors at the instance of a complaint by an employee or group of employees. The first reaction of the inspector would surely be: "Why hasn't this complaint been taken up by the company's safety committee?"
Bill Simpson gave two instances of circumstances compelling the issue of immediate prohibition notices. Both could have occurred in road haulage premises or workshops.
Powered machinery
The first, an a factory, concerned two unguarded machines, found by the inspector. They were not in use but he felt they were likely to be. He issued two immediate prohibition notices against their use to the employer .concerned. This action could have resulted had such powered. machinery—circular saw, drilling machine or grindstone—been discovered in use in a road transport repair or body shop.
Another, immediate prohibition notice arose from a complaint by a trade union alleging that painters were being asked to work at height on unsafe scaffolds. On visiting the site, an inspector issued the notice on the basis of imminent risk of serious injury. Work on the scaffolds stopped immediately and the scaffolding firm and their employer met to decide how to find a better way of doing the immediate job and work out a long-term solution to carrying out safely the type of work involved. Perhaps not surprisingly, the workers at the premises concerned, were very pleased with the action that had been taken.
Both of these examples concern relatively small incidents, but it is not difficult to imagine a host of examples in road transport of similarly small incidents, or of customary working practices, which represent avoidable danger to employees, or to the public, whose interests must also be safeguarded under the Act.
The Health and Safety Commission, the policy-making instrument of Government, has been considering in recent months how it might most effectively draw on the ex pertise and advice an both sides of industry, and elsewhere, in discharging i.ts responsibilities.
The organisation chart reproduced shows the administrative set-up in some detail. Recently announced by the Commission is the establishment of three main advisory committees relating 'to general hazards in addition to the committee of experts of major hazards set up following the Flixbarough disaster. These are: (a) A toxic substances committee (b) A dangerous substances .committee (c) A medical advisory committee.
In addition, there will be a series of industry advisory committees for which 18 major industries have been initially identified. All of these committees should report to the Commission.
Two existing .committees dealing with industrial health and industrial safety are expected to be wound up and the work of their sub-committees transferred to the relevant advisory committees which the Commission propose to establish.
The three main committees Mentioned above will be chaired by senior staff of the Health and Safety Executive and the Executive would provide each secretariat. The committees are likely to be of about a dozen members including "a few highly esteemed experts" but sub-committees are expected to deal with the main weight of expert representation and with technical deliberations. Questions, says the Commission, would normally be referred to the committees by the Health and Safety Commission but the Executive would refer matters directly to the main committees or sub-committees provided that the Commission were kept informed.
The terms of reference proposed by the Commission for the three main advisory committees are as follorws: Toxic Substances Advisory Committee: 'to consider and advise on (a) methods of controlling the health hazards of persons at work and related hazards to the public which may arise from toxic substances as defined by the HSC from time to time, with particular reference to those requiring notification under regulations but excluding nuclear materials within the terms of reference of the nuclear advisory standing committee.
(b) Other associated matters referred to it by the Health and Safety Commission or Executive.
The Dangerous Substances Advisory Committee will handle the work previously dealt with by the Home Office Standing Advisory Committee on Dangerous Substances, as well as advise the Commission and Executive on their wide responsibilities in this area. The Committee will consider and advise on: (a) methods of securing safety by controlling risks to persons at work and related risks to the public connected with the manufacture, import, storage, conveyance and use of dangerous substances (other than those dealt with by the advisory committee on toxic substances, and the nuclear advisory standing committee) as defined from time to time by the HSC.
(b) other matters referred to it by the Health and Safety Commission or Executive.
The work of the dangerous substances advisory committee will certainly impinge on the road haulage industry by virtue of its reference to the "import, storage, conveyance . ." of dangerous substances. To deal with the great variety and complexity of issues, the Commission proposes a flexible second tier of sub-committees or working groups. These would or appointed by the main committee "and normally be drawn from panels of specialists selected for the personal contribution they could be expected to make to specific problems." (The existing sub-committees of the Home Office Standing Advisory Committee will be reorganised under this main advisory committee to reflect its joint representation).
Liaison
The Commission realises that some working groups dealing with subjects involving both toxic and other hazards may have to report jointly to the toxic and to the dangerous substances main committees. As the secretariats of all committees will be provided by the Executive the necessary liaison will be facilitated.
The Medical Advisory Committee would be chaired by the director-general of H and SE or its director of medical services with •the following terms of reference: to consider and advise on (a) medical aspects of the problem of occupational health which would include the identification of health hazards, biological monitor • ing, epidemiological studies, mental health and rehabilitation.
(b) other associated matters referred to it by the Health and Safety Commission or Executive.
Here again, the main committee would be able to appoint sub-committees to report to it on specific matters pertaining to the terms of reference. It is not impossible that questions of drivers' health, and fatigue, may be examined by a specialist sub-committee. There is plenty of research material available!
The 18 industries so far identified by the Commission as deserving what are termed Industry Advisory Committees (IACs) are as follows: 1. Iron and steel 2. General engineering (except foundries) 3. Foundries 4. Chemicals and petro-chemicals 5. Coal mining 6. Construction 7. Quarries 8. Electricity 9. Railways 10. Docks 11. Cotton and Wool 12. Potteries 13. Paper Making 14. Agriculture 15. Hospitals 16. Shipbuilding and ship repairing 17. Food manufacture 18. Printing.
The terms of reference of these committees are as follows: to consider and advise the Commission on (a) The protection of people at work from hazards to health and safety arising from their occupation within the industry and the protection of the public from related hazards arising from such activities.
(b) Other associated matters referred to them by the Cornmission or Executive,
Health
The members of these industry-wide committees would be appointed by the Commissic and would report to it. Ti committees should be seen standing mechanisms for stim lating action on safety ai health within the industr Membership should be represe tative covering the princir organisations concerned ai assessors from appropriate Gc ernment departments; min interests would not be repi sented unless they had a r( contribution to make.
The Commission anticipat that any existing industry-bas safety committees would taken over and form part of t new pattern of committe working under the COMMiSSiOd umbrella. Certain advisory co mittees set up to advise esU lishments now incorporat within the Health and Saf( Executive may also be fitt into the general structure.
It may seem odd that there no published intention by t Commission to set up an ind try advisory committee for rc
transport. I understand that the case for setting up such a committee depends on the representations made by the industry; the 18 IACs listed so far is not necessarily complete.
But it is reasonable to Surmise that in many industries there will be a need for subcommittees concentrating on transport and storage aspects. The fact that there is a great number of specialist road hauliers working, sometimes almost exclusively, for particular industries like iron and steel, food manufacture, quarries, docks, timber, etc, suggests that an "all-purpose" committee concerned with transport matters for all industries would have its work cut out. It would be much easier to staff specialist sub-committees concerned with the known problems of particular industries. All this, of :course, does not necessarily preclude the setting up of a road transport generalpurpose .committee. If the railway industry is seen to merit an advisory committee status it would be ludicrous to ignore the major transport partner.
Emerging situation
The •first Code of Practice issued by the Health and Safety Executive to deal with an emergency situation covers previously unsuspected hazards of • working in high concentrations of vinyl chloride monomer vapours. The 41-page code, likely to be approved by the Commission within two to three monthscit which time the code will commence to be relevant in criminal proceedings—could affect anyone concerned with the transport or storage of the product. Apart from technical requirements on the observance of safety limits and concentrations, the Code calls for the maintenance of detailed records and registers and compliance with medical and other requirements. It particularly stresses employers' need to consult with workers and to arrange effeCtive education and training programmes. Consultation and training will certainly feature in other safety codes.
Industrial safety is an international problem and the EEC has recently published its own guidelines for safety, hygiene and health protection at work against the grim background of nearly 100,000 deaths annually in the Community and more than 12m injuries in accidents' of all types. One useful Community proposal is to standardise industrial warning signs, in conjunction with the International Standards Organisation, to help workers transferring from one country /to another.
Next week: How the new law will affect sizeable companies.