Strategies in the Areas of Health and Safety Management - Case Study Example

Table of Contents Introduction Prior to relocation of a production plant from the Caribbean to the UK, it is necessary to understand the common practices of each country and where they vary one from the other. By so doing, it becomes possible to develop new practices and procedures for the new plant in such a way as to make it most acceptable to its host country in terms of obtaining the appropriate permits and licensing and in obtaining a sufficient employee base. Due to the nature of the product and the production process, the impact to the surrounding community can present a variety of health and safety concerns that will be addressed differently in the UK than they are in the Caribbean. What we are accustomed to in terms of health and safety legislation is commonly known as a prescriptive approach to legislation while the UK’s system is based on a goal-setting approach that encourages the development of strategies intended to ensure basic human health and safety standards are met. There are many ways in which these two systems differ, which will be discussed in detail. Specifically, within this document, we will demonstrate the disparity between the prescriptive and goal-setting approaches to health and safety legislation by clearly identifying the strengths and weaknesses of each as well as identify how a major shift in management structures and systems is required in order to achieve compliance in the UK and prepare a strategy for the practical implementation of the identified changes required before establishment of the plant. Prescriptive vs. Goal-setting Strategies The term “prescriptive strategies” refers to the health and safety management policies that are officially codified in legislative form as they are in most Caribbean governments. Prescriptive strategies in the areas of health and safety management specify basic minimum compliance levels for various industries and usually end up enumerating exact requirements in terms of methods of operation, common practices in protecting workers and specific means of record keeping and reporting. Some areas in which these minimum requirements are typically applied include allowable workforce demographics, environmental concerns at large and employee health plans. Goal-setting strategies, such as those commonly employed in the UK, are thoughtfully developed through step-by-step analyses. This objective decision-making process is used in addressing various elements of the business world including a wide variety of plant-specific situations and practices, employees’ defined job duties, the safe use of equipment and the management of any environmental dangers presented as a result of the production process. As companies progress through the process, it is also necessary to consider the minimum requirements set forth by any prescriptive laws on the books as goal-setting does not replace prescriptive law. By their nature, goal-setting strategies are flexible, bending and moving around the specific corporation and type of business involved. They provide greater opportunity for individual interpretation and job-specific implementation, but this also requires a much more active role on the part of all individuals within the plant. This enables important aspects of each process to be brought forward, ensuring complete implementation of new procedures and policies. An additional benefit of this approach exists in the greater adaptability to any necessary changes based on region-specific issues or changes in equipment use, chemicals or employee bases. For this reason, they are more responsive to quick implementation of current best practices. The methodology for this is structured around the company’s Health and Safety Policy which demonstrates their commitment to promote a positive and proactive health and safety culture within the organization. Shared elements A shared element between prescriptive and goal-setting approaches is the use of risk assessment. However, the importance placed on this practice as well as its general format is quite different between the two approaches. Risk assessment within the Trinidad/Tobago law appears almost as an afterthought with the focus being to respond to any health or safety threats within the workplace as they arise. In the UK, risk assessment is one of the most important tasks involved in the implementation of safety and health standards. The process of risk management strategies includes the assessment of risks to self-employed people, young people and to companies with as few as five employees (Management of Health and Safety at Work Regulations, 1999). Unlike the Caribbean, law in the UK requires employers to provide employees with appropriate health surveillance to guard against any of the risks that might have been identified in the risk assessment as well as provide them with the appropriate materials and protective gear necessary to meet each of these identified risks. United Kingdom The United Kingdom has adopted many new pieces of legislation over the last 30 years, including the introduction of the European framework directive “The Management of Health and Safety at Work Regulations 1999” and the daughter directives which are more specific. Similar to what is seen in the Caribbean as laws change from island group to island group, laws in the UK also change from one major province to another. Unlike the Caribbean, though, these laws are all based on the same goal-setting strategies, linking them in fundamental way that lends strength to the system while avoiding the limiting specificity contained in the prescriptive laws. The basic structure of these laws can be seen in the format of the United Kingdom’s Management of Health and Safety at Work Regulations of 1999. This piece of legislation begins with a required risk assessment and a definition of the principles of assessment and other proactive measures that should be taken. It isn’t until near the end of the document that this legislation begins to go into the more exact language of industry-specific prescriptive measures. It should be noted this format is an exact mirror image of the format frequently found within laws in the Caribbean. Rather than allow this important process to be handled by individuals who already have to divide their time among other job responsibilities, the government of the UK requires companies to employ at least one individual who is determined as competent in the fields of risk assessment and management (Management of Health and Safety at Work Regulations, 1999). To ensure everything remains clear, the specific duties and functions of this position are carefully outlined. Additional legislation is included requiring companies to provide to the assessor all relevant material and information as soon as it becomes available. These specific details in the legislation, such as the employment of a specialist in the activity of risk assessment, ensure companies within the UK continuously update their policies and procedures. Specific concerns regarding current UK legislation This interactive, highly responsive, mutually beneficial goal-setting approach to health and safety issues in the UK is the result of specific legislation created in 1974. Designed to “promote, stimulate and encourage high standards of health and safety in places of work” (Health and Safety at Work Act 1974, 1998), this act places the responsibility of maintaining these standards squarely in the hands of everyone involved. It is within this act that the entire goal-setting approach was first developed as it required the participation of employers, employees, trainees, self-employed, manufacturers, suppliers, designers and importers. Generalised requirements are outlined for both employers and employees that lead to industry- and plant-specific policy development and provisions are put in place to ensure compliance within each sector. Although stiff penalties are possible for lack of compliance, the law also provides for assistance, allowing inspectors to help and advise companies regarding issues observed (Health and Safety at Work Act 1974, 1998). With the introduction of the management of Health and Safety at Work Regulations (MHSWR) Reg-3 in 1999, employers are required to make “suitable and sufficient assessment of the risks” their employees must be exposed to within the workplace as well as to any risks presented to the general public at large. Risk assessment is the key feature of these regulations and affects a broad range of health and safety legislation. Our use of resins and other chemicals in producing our surfboards and other products requires us to comply with the Control of Substances Hazardous to Health Regulations (2002), also referred to as COSHH. To comply with this legislation, it is necessary for us to conduct our own risk assessment regarding the chemicals we use, produce and that naturally occur within our workplace. These steps include assessing the risks involved with each; determining what precautions can be taken to protect employees and others from these substances; taking steps to prevent or control the exposure to these risks; continuing to monitor the exposure as a result of these precautions; carrying out any health surveillance where the assessment has shown it is necessary or where the legislation specifically requires it; preparing plans and procedures to effectively manage any accidents, incidents or emergencies; and doing everything we can to make sure all employees are adequately informed, trained and supervised when exposed to such chemicals (COSHH, 2005). Although this is mentioned as necessary due to the high use of resins within our production, the resulting dust and fumes that are a result of the production process are also included in the COSHH definitions for hazardous substances. In addition, we will need to comply with the UK responses to EU provisions including the Provision and Use of Work Equipment Legislation (PUWER 98, n.d.). “PUWER 98 is aimed at ensuring that all work equipment is properly installed and planned maintenance is carried out, that work equipment is used in a safe manner and operators are trained to use the equipment and that, where necessary, inspected/checked at regular intervals by a Competent Person” (PUWER 98, n.d.). This legislation covers everything from hammers and ladders to power equipment to vehicles. Vehicles used within the plant such as fork lifts and trolleys are also required to comply with LOLER 98 (LOLER 98, n.d.), which requires planned lifting operations, properly maintained vehicles and, where necessary, scheduled checkups and testing. Other legislation responding to EU directives include Work Place (Health Safety and Welfare) Regulations (WHSW) 1992, Personal Protective Equipment at Work Regulations (PPE) 1992, Manual Handling Operations Regulations (MHO) 1992 and Health and Safety Display Screen Equipment Regulations (DSE). Again, training courses are available through various associations throughout the UK to help explain the specific requirements for compliance. Broader scope Health and safety law in the UK is designed to place the responsibility on management to commit fully to the health and safety of their workers. It is, however, sometimes difficult to understand and can be interpreted incorrectly which can lead to errors. Provided the company provides the training needed, competency levels will reach the required levels to progress towards a positive culture. Prescriptive or rule based methods have the advantage of being easy to understand, however they are limited and do not encourage participation of the workforce which in turn prevents ownership, a factor that all organizations should be welcoming. As the UK also requires Employer Liability and Occupiers Liability Insurances to be taken out, it would be good practice to review the Turbull Report. This risk-based approach provides guidance for the company to prioritize. Being a Caribbean holding company, some of our assets may be insurable overseas. The UK also has enforcing authorities, which in this case would be the HSE and Environmental Agency, so it would be necessary to inform them of our intentions, together with obtaining any consent required, prior to the beginning of production. Labour Unions Labour Unions present another marked difference between the way business is conducted in the Caribbean versus how it’s conducted in the UK thanks in large part to the differences in their associated relationships with their governments. Despite the historically violent nature of relations between labour unions in the Caribbean, a recent Caribbean study conducted on UK union relationships, reported that with governmental cooperation, unions have had a tremendous impact on the health and safety statistics within the UK workplace. Having a union representative available at the company’s location assists the corporation in that someone else can conduct safety inspections and studies as well as reassures employees that their rights will be protected and enforced. With the additional assistance, specialists are able to better implement new legislation as it is changed or added, identify new health concerns within the workplace and help implement updated techniques to reduce risk of injury. This increased interaction provides additional training sources for managers and has also resulted in constant legislation revision for best possible practice, earlier identification of risks and health concerns, more timely problem solving and increased comfort levels in bringing employee concerns to the attention of management (National Union of Government and Federated Workers). Location Another important aspect of opening a plant in the UK exists in determining the proper location for the new plant. Should we choose to build a new plant from the ground up, the timing of our launch will be pushed back further, but we will have the ability to implement such safety measures as local exhaust ventilation systems to deal with any dangerous fumes or dust resulting from the resins and other chemicals we use as well as the resulting dust by-products. Utilising filtered systems, we can reduce the impact to the surrounding environment as well, further complying with existing legislation (Ventilation, 2005). We would also be able to more carefully design such important factors such as obstruction free access and egress from the building as well as internal safe routes for moving machinery with no obstructed angles or turns. Even should we choose to locate the new plant within an existing building, it will be necessary to ensure there are sufficient fire escape routes, fire alarms and appropriate fire extinguishing material for the types of fires that might occur within our facility. Loading bays must be large enough to accommodate the types of vehicles that might be loading or unloading and a traffic management plan must be developed before we move in. Heating, lighting, ventilation, number of conveniences and maintenance plans will also need to be addressed in this pre-opening plan. Recommendations The UK has reported a much lower injury rate and a healthier workforce than proportionate statistics in the Caribbean, presumably as a direct result of the effects of focusing on risk assessment, enforcement of the policies that require such assessments and the cooperative presence of the trade unions. Significantly, studies show the leading cause of premature death in the Caribbean is reportedly workplace injuries (Ezenkwele, Holder, 2001) while the leading cause of premature death in the UK is attributed to coronary heart disease (British Heart Foundation, 2005). In preparing the company for a move to the UK from the Caribbean, it would be beneficial to obtain additional training from UK-based courses. Courses are available online and on site and typically range in price from £400-£500, not including the costs of transportation to England for final testing conducted by the Institution of Occupational Safety and Health (IOSH). A Caribbean branch of the IOSH has been recently formed and can advise further on the necessary training options. In addition, safety committees should be formed within current facilities to begin fostering a health and safety conscious culture within the organization. It may also be beneficial to request some additional information from the UK labor unions as we prepare to integrate our business into the new culture and climate of their country. Prior to moving, the company should conduct a highly detailed assessment of health and safety risks taking into account the closed air spaces of the UK and our chosen specific site location. Once the hazards are identified and evaluated according to a structured hierarchy of greatest hazard to least, a plan should be developed to address these issues and minimize each risk to the greatest affordable degree (Lee, n.d.). Particular attention should be given to the risks associated with special needs employees, female workers and younger workers. To help in this process, HSG65 provides a basic outline for successful health and safety management. This outline begins with policy and proceeds through organization, planning and implementation, monitoring results and reviewing the effectiveness of the plans (see fig. 1). Fig. 1 Source: Health and Safety Executive, 2005 Setting the policy includes a general policy statement, statement of organization and arrangements for organization. Staff should be organized by competence, control, cooperation and communication. The risk assessment process takes place during the planning and implementation stage and includes the active development of a health and safety conscious culture within the organization. Both proactive and reactive monitoring should be taking place within the plant including inspections and audits (proactive) and accident investigations and records (reactive). Audits and reviews should be occurring at each of these stages in a continuous cycle (Lee, n.d.). By following these suggestions, we will become somewhat more familiar with the differences in regulations between the two governments and will be taking the first steps toward cooperation with the existing labor unions in the UK. Following their completion, it should be possible to then obtain the proper permitting and safety representation required for compliance. In addition, contacts made throughout this process can help advise on ways in which the plant can be made safer, where to obtain the necessary insurances and provide valuable input on location selection. References Bennett, D. (6 July, 2005) Historic Signing Between First Caribbean Bank and Regional Trade Unions. Caribbean Net News. Retrieved 20 January, 2006 from < http://www.caribbeannetnews.com/2005/07/06/signing.shtml> British Heart Foundation. (2005). 2005 Coronary Coronary Heart Disease Statistics. Department of Public Health. Oxford: University of Oxford. Retrieved 20 January, 2006 from < http://www.bhf.org.uk/professionals/uploaded/factsheet2005finalaw.pdf>. COSHH: A Brief Guide to the Regulations. (April, 2005). Health and Safety Executive. London: Crown copyright. Retrieved 25 January, 2006 from < http://ptcl.chem.ox.ac.uk/MSDS/simplecoshh.pdf> Environmental Planning and Protection Act. (2005). The Government of the Bahamas. Retrieved 20 January, 2006 from < http://www.best.bs/Webdocs/Draft_Enabling_Legislation_A_Bill%20_final_doc.pdf> Ezenkwele, U.A. and Holder, Y. (2001) Applicability of CDC Guidelines Toward the Development of an Injury Surveillance System in the Caribbean. Injury Prevention. Retrieved 19 January, 2006 from < http://ip.bmjjournals.com/cgi/content/full/7/3/245>. Health and Safety at Work etc Act 1974. (1998). The Royal Borough of Kensington and Chelsea. Retrieved 25 January, 2006 from Health and Safety Executive. (27 September, 2005). Retrieved 25 January, 2006 from Jiwa, S. (2002). Situation Analysis. Worker’s Health and Safety in the Caribbean. West Indies. Retrieved 20 January, 2006 from < http://www.cehi.org.lc/wh/SituationAnalysis.htm> Health and Safety Executive. (2002). The Health and Safety System in Great Britain. Norwich: Crown publishing, pp. 14-17. Retrieved 20 January, 2006 from < http://www.hse.gov.uk/pubns/ohsingb.pdf> Lee, A. (n.d.). Practical Risk Management. Norwich Union Risk Services. Aviva plc. Retrieved 17 January, 2006 from < http://academia-research.com/files/message/41931_irm_nw_group_nu_health_safety.pdf> LOLER 98. (n.d.). Bagma – The British Agricultural and Garden Machinery Association.. Retrieved 25 January, 2006 from < http://www.bagma.com/services_front.htm> Management of Health and Safety at Work, The. (1999). Statutory Instrument 1999, No. 3242. Norwich: Crown publishing. Retrieved 20 January, 2006 from < http://www.strathclydepolicefederation.org.uk/news_&_information/health_&_safety/uk_si_1999_3242.pdf> McIntosh, D. (n.d.). Establishment of the Environmental Management Authority in Trinidad and Tobago. Environmental Management Authority. West Indies. Retrieved 20 January, 2006 from < http://www.sidsnet.org/successtories/29.html> Minister of Land and Environment. (June 2002). The Natural Resources Conservation Authority Act. Jamaica. Retrieved 20 January, 2006 from < http://www.nrca.org/regulations/AirQuality_RegulationsJune2002.pdf> National Union of Government and Federated Workers. (2 August, 2004). The Union Effect. TUC Online. Retrieved 17 January, 2006 from < http://nugfw.org.tt/health_safety/the_union_effect.htm> PUWER 98. (n.d.). Bagma – The British Agricultural and Garden Machinery Association.. Retrieved 25 January, 2006 from < http://www.bagma.com/services_front.htm> Trinidad and Tobago. (2005). International Digest of Health Information. World Health Organization. Retrieved 20 January, 2006 from < http://www3.who.int/idhl-rils/frame.cfm?language=english> United Kingdom. (2005). International Digest of Health Information. World Health Organization. Retrieved 20 January, 2006 from < http://www3.who.int/idhl-rils/frame.cfm?language=english> Ventilation. (19 August, 2005). Interactive Learning Paradigms Incorporated. Retrieved 25 January, 2006 from < http://www.ilpi.com/msds/ref/ventilation.html> Read More