Civil Engineering Reference
In-Depth Information
element of safety management. The risk assessment
process will enable an organisation to prioritise and set
objectives for short-, medium- and long-term strategies
for controlling risk. Implementing the preventive and pro-
tective measures identifi ed by the risk assessment proc-
ess, setting measurable performance standards against
which to measure the implementation programme must
be seen as an essential element in producing an effec-
tive management system.
MHSW or the RRFSO; however, as will be discussed
later in this topic they are critical elements required for
successful safety management.
1.8
Case study
Prosecution of a fabrication company by Kent and
Medway Fire and Rescue Authority (KMFRA) and the
Health and Safety Executive (HSE).
A fi re in a fabrication company on 9 June 1999
resulted in the death of an employee. In Maidstone
Magistrates' Court on 3 July 2000 the company pleaded
guilty to three breaches of fi re legislation. In tandem with
the Kent and Medway Fire and Rescue Authority investi-
gation and prosecution, the Health and Safety Executive
also prosecuted under section 2 of the Health and Safety
at Work etc. Act 1974. The investigation and subsequent
prosecution was a classic example of two prosecuting
agencies (HSE and KMFRA) working together.
The extended length of time between the fi re and
the court case was due to the delay for an inquest into
the fatality and the Crown Prosecution Service's consid-
eration of securing a conviction for 'manslaughter'.
The charges, and subsequent guilty pleas, were
based on the following:
Measuring performance
Performance measurement will include both active and
reactive monitoring programmes; ultimately this moni-
toring will enable an organisation to see how effectively
it is managing health and safety from investigating an
accident which seeks to identify how systems have
failed through to actively monitoring safe systems of
work, providing a benchmark from which to analyse the
organisation's ability to meet its short-, medium- and
long-term goals.
Reviewing performance
The results from internal reviews which seek to bench-
mark performance, both internally and externally, will
enable the organisation to ensure that it is achieving the
minimum legal standard in terms of compliance, or if it
has set them, performance targets that meet its own
standards, which may be higher than those required by
legislation.
The review process is required by the MHSW
Regulations RRFSO and thus to comply with the law
must be undertaken. The results of an annual review
should be made available to all stakeholders.
Kent and Medway Fire and Rescue Authority
One charge each on the basis that the company was
found to be reckless in their failure to provide:
➤
Suitable fi re fi ghting and fi re detection
➤
Suitable emergency routes and exits
➤
Suitable maintenance arrangements.
Audit
Each of the previously mentioned elements in the man-
agement system must be audited to ensure that the
performance of any one element does not have a det-
rimental effect upon another. In order to achieve unbi-
ased results the HSE believes that an audit should be
conducted independently from those who can infl uence
the safety management system, e.g. it would be virtually
impossible for an internal safety team to audit its own
management systems as in all likelihood they would
have established many of the key elements.
Note:
Students may wish to note that the requirement
to manage under both the MHSW and the RRFSO are
the same. However, they both differ from the guidance
contained in HSG65 in that the regulations require that
employers and responsible persons need only plan,
organise, control, monitor and review. The need to
establish a policy and audit the elements of the man-
agement system is not explicitly mentioned in either the
Health and Safety Executive (HSE)
One charge based on the general duty of care under
section 2 of the HSWA in that the company was negli-
gent in their duty.
The resultant fi nes awarded were as follows:
➤
Failure to comply with the Fire Regulations - a total
of £6000 with a contribution towards the costs of
the fi re authority of £2500
➤
Failure to comply with the duties imposed by the
HSWA - £10 000 for the one offence with a contri-
bution of £1500 towards the costs of the authority.
A prominent feature of this case was the emphasis by
the magistrates on the failing of a business to satisfy the
legal and moral obligations to employees. The fact that
