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Peter Adams Health and Safety - Responsibilities and the Universitys Approach.

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1 Peter Adams Health and Safety - Responsibilities and the Universitys Approach

2 Aims To understand the responsibilities for the implementation of health and safety. Explain how the University manages health and safety. Guide you to sources of information and assistance. Provide the opportunity for your questions on all aspects of health and safety

3 Personal Responsibility – Duty of Care You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure another person. A successful claim requires the claimant to show: That they were owed a duty of care; That there was a breach in that duty of care, and; That the breach led to the damage.

4 Personal Responsibility – Duty of Care If you are acting as an individual in a private matter this duty of care rests with you. Normally, but not always, household or motor insurance will provide cover but this is not always the case. Vicarious liability - the employer takes the responsibility for your action.

5 Health and Safety at Work Act 1974 Section 2(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees

6 Equipment, Articles & Substances 6. (1) It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work to ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when properly used;

7 Personal Responsibilities 7. It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and …

8 Personal Responsibility … as regards any duty or requirement imposed on his employer, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

9 Implementation at the University For the UoB the "employer" is the University Council, the responsibility for HS&W cascades through the organisation. Simple to implement in a hierarchy, but in Universities "line management" is often not recognised. But the law applies & Council expects the duty to be met by all.

10 Ordinance 10 The head of an academic department shall be responsible to the dean for the following: (b) academic leadership in the department (e) the quality of education and educational support for students in the department (g) management, development and support for all departmental staff (j) health and safety in the department

11 HASAWA Section 7 Duty of the employee to take reasonable care for themselves & others, due to their acts or omissions, to co-operate with the employer e.g. Barrow-in-Furness

12 HASAWA Section 37 Liability of Individuals Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or have been attributable to any neglect on the part of a senior manager, he as well as the body corporate shall be guilty of that offence.

13 Ordinance 28 Misconduct a)Conduct which constitutes a criminal offence… k) Action likely to cause injury or impair safety on University premises, or infringement of University Health and Safety policy l) Negligence which causes or might cause unacceptable loss, damage or injury u) Failure to comply with a reasonable request or instruction from an appropriate person

14 Risk Assessment The cornerstone of health and safety management Those who create the risks must assess and control them to acceptable levels Regulations require: –Risk Assessments to be suitable and sufficient. –The effort put into the assessment must be commensurate with the risk from the activity. –Risk assessment must be recorded

15 Role of the Health and Safety Office Supporting and enabling work to take place. Policy development Specialist Advice to all Monitoring Accident Investigation Auditing Enforcement

16 What if it all goes wrong?


18 You are not alone, If you need advice or assistance Please ask Peter Adams, Liz Greaves, Andy MacQuiban, Jill Brain, Richard Norris, Tony Butterworth, Simon Golding 0117 92 x88780

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