RA06 Risk Assessment for Design & Technology DEVON HEALTH AND SAFETY SERVICE

HEALTH AND SAFETY LAW Criminal law: Usually statute law Beyond reasonable doubt Enforced by the HSE Can result in enforcement action, fines and custodial sentences Punitive and proactive

HEALTH AND SAFETY LAW Health and Safety at Work etc. Act 1974 (HASWA)

HEALTH AND SAFETY LAW HASWA Key requirements for employers: Ensure so far as is reasonably practicable the health and safety of employees and others affected. Key requirements for employees: Take reasonable care of their own health and safety and that of others. Cooperate with the employer in matters of health and safety. Do not recklessly interfere with items provided for health and safety.

HEALTH AND SAFETY LAW so far as is reasonably practicable: “The Quantum of Risk”

HEALTH AND SAFETY LAW The Management of Health and Safety at Work Regulations 1999 (MHSWR)

HEALTH AND SAFETY LAW MHSWR: Every employer shall undertake suitable and sufficient risk assessments of risks faced by employees and others affected by their undertaking Where more than 4 persons are employed the significant findings must be recorded

HEALTH AND SAFETY LAW Civil law: Usually common law based on precedent Negligence or breach of statute Balance of probabilities Compensatory in intent Vicarious liability Entirely reactive

HEALTH AND SAFETY LAW To make a successful claim in civil law: the defendant owed the claimant a duty of care the duty of care was breached the injury was caused by the breach of the duty of care

RISK ASSESSMENT SUMMARY Focus on the real risks Risk assess reasonably foreseeable risks Do what is reasonable to control the risk Manage risk, don’t eliminate it Significant risks need to be recorded Risk assessment records should be clear, simple and as short as practicable Train, instruct and inform

Common sense does not always apply! RISK ASSESSMENT

HSE 5 STEPS TO RISK ASSESSMENT Step 1Identify the hazards Step 2Decide who might be harmed Step 3Evaluate the risks and decide if existing controls are adequate or if more should be done Step 4Record the significant findings Step 5Monitor and review.

MODEL RISK ASSESSMENTS Must be adapted Must reflect reality of practice Must be formally adopted by the school Inform, instruct, train. Refer to CLEAPSS L196

2009/11 HEALTH AND SAFETY MANUAL Sent to all schools in CD-Rom format Updated every two years Contains 5 files: oGuidance Notes oModel Risk Assessments oManagers’ Key Action Notes oPolicy Documents oModel Forms and Checklists

2009/11 HEALTH AND SAFETY MANUAL

STEP 4 – RECORDING YOUR FINDINGS Persons at risk: Staff, Students, Contractors and Visitors Activity/task/process/equipment: All Design and Technology Areas and Activities Significant hazard Likely injuries Control measures already in placeAdditional Actions required? Yes No Danger of electrocution, fire. Death, severe burns. Students may only use bandsaws when they have been assessed as competent, and they are under the direct supervision of specifically trained staff The machine is provided with a power isolator and controlled by a starter incorporating no-volt release. The power isolator must be capable of being locked "off" on all occasions when the machine is not in use. The pulley drive and gear are totally guarded X

STEP 4 – RECORDING YOUR FINDINGS Assessors Recommendations - Additional Control Measures or Actions List Actions / Additional Control Measures Target Date Person Responsible The guard for the pulley drive and gear is not secure – it can be removed without the need for a tool 31/03JHW

MONITOR AND REVIEW Share findings, train and instruct Implement actions identified Continue to monitor Review: oAt least annually oAfter significant change oAfter an accident/incident

Any Remaining Questions?