IOSH Northern Ireland Branch

Tuesday 28th January 2003

G.S.J. Fulwell
The Way Forward in OHSMS

Contents of the presentation;

Introduction The Corporate onslaught in OHSMS. Key Performance Indicators. The position on Corporate killing. Recent developments in Global Standards OHSAS 18001 and Integrated Systems The ILO OHSMS Guideline IOSH international Specialist Group Questions.

Current position on standards;

ISO 9001 - Quality Management Systems. ISO 14001 Environmental Management Systems. OHSAS 18001/2 OHSMS management guideline. PD 6668 Integrated Management Systems. Environmental Management Auditing System.(EMAS). Risk Management Standards Standards for Corporate Accountability

The Process Based Approach.

The new approach to standards;
All new standards are no longer based upon the attainment of a prescribed level of performance but on the process based approach of continuous improvement.
( Guide 72 - May 2001)

OHSAS 18001
+ Agreed by major certification bodies. + International credibility and development. + A standards based approach + Benchmarking opportunity + Aligns with other standards - integration _____________________ - Not an ISO standard. - Commercially based activity - Auditor Competence not defined - Development of the global ILO guideline - Application to sme sized undertakings

Strategic approach formula;

PLAN

ACT

DO

CHECK

Continual Improvement
Process of enhancing the OH&S Management System, to achieve improvements in overall occupational health and safety performance in line with the organisations policy
(OHSAS 18001)

The Management Systems Approach in the Workplace.

EMS
QUALITY OHSMS

Continuous Improvement

Standards. Legislation. Risk Management influences the process

Policy.
Cooper 1998

Minimum only.

Integrated Management Systems

Risk Recognition Risk Identification External Market Environment

Risk Ranking Risk Mapping Risk Surveys Risk Controls

Integrated Risk Responses

Opportunities Assessed Business Strategy Plans Developed

Business Process Implemented

Audit and Compliance

Risk Management Tool

Management Review
Business Process

The Manufacturing Environment.

INPUT. PROCESS OUTPUT.

Assets Raw Materials. Supply Chain Management. Research & Development. Finance and Investment. Training and Development. Energy.

Product or Services Marketing Distribution Waste Finance

Combined or Integrated?
Combined
v

Integrated

MS

MS

MS

IMS SH E Q

SH

The Integrated Strategy

Policy Planning Implementation and Operation Performance Assessment Improvement Management Review

PLAN DO CHECK ACT

Common Elements of an Integrated System

Element 9000 14001 18001 Policy 5.1, 5.3 4.2 4.2 Planning 5.2, 5.4, 7.2 4.3, 4.4 4.3, 4.1 Implementation 7.2-7.5 4.4.6 4.4.5,4.4.6 & Operation 4.2 4.4.5 4.4.3 Performance 8.2 4.5.1,2,3. 4.5.1,2,3. Measurement 8.2.2. 4.5.4. 4.5.4. Improvement 8.5.2,3 4.5.2. 4.5.2. Management 5.6 4.6 4.6

Key features of the approach;

* * * * * * * * Common organisational objectives Clearly defined responsibilities Common objective of continual improvement Based upon the plan,do,check,act approach Driven by top management Implemented as a project based approach Based upon a business risks approach Cross department ownership and commitment
Fulwell 2003

Definition of an Audit.
A systematic examination to determine whether activities and related results conform to planned arrangements and whether these arrangements are implemented effectively and are suitable for achieving the organisations policy and objectives

3 Key stages of an audit.

Documentation - reflects the hazards. Interviews - verify competence. Observations - implemented in practice.

International Labour Office

ILO-OSH 2001
Guidelines on occupational safety and health management systems

International developments.
International Labour Office proposal. technical experts met in April 2001. ILO Council met in July 2001. implementation programme being developed Alternative proposal from ISCSA. Strong support for the ILO from Asia/Pacific.

The role of the ILO in OHS.

International Labour Organisation.
Monitoring Auditing National Governments Legislation and enforcement policy National OHSMS Audit Protocols. Organisations Health and Safety Management Systems. Conventions Recommendations

Fulwell 2001.

ILO - OSH 2001

Section 3.2. Worker participation: 3.2.1. Essential requirement of OSH. 3.2.2. Workers and their representatives are consulted, informed and trained ( including emergency arrangements ) in respect of their work. 3.2.3. Arrangements for active involvement. 3.2.4. Ensure the establishment and effective operation of a safety and health committee.

Key points of the ILO.

*Reciprocal observer status with the E.U.. *Tri-partite organisational membership. *A United Nations Specialist Agency. *Linked to the World-Bank requirements. *Role in defining minimum standards. *Supervisory role in national legislation and enforcement policy, *International role with member countries.
Fulwell 2001.

Supply Chain Management.

ILO (2001) section 3.10.5. Contracting organizations standards applied to contractors. Arrangements when on site must include: a) criteria for evaluation & selection. b)communications & coordination between all. c)arrangements for reporting accidents/ill-health. d) specific awareness & training arrangements. e) regularly monitor contractor performance. f) ensure all on-site arrangements complied with.

Supply chain management.

ILO (2001) section 3.10.4.1. Procurement. procedures established and maintained; compliance in purchasing & leasing specs.. any relevant national laws in advance. arrangements made to ensure compliance before use.

Corporate SHE Liabilities

Corporate

Criminal

Civil

Corporate Liability

Maintaining Stakeholder Confidence.

Financial Times - November 15th 2002.

ABB now has 110,000 Asbestos claims. ABB estimates its exposure at $812million. Hanson has 75,000 asbestos claims. Hanson has currently paid out $86 million. Hanson receiving 17,500 claims per year. Business News - Sunday 19th January 2003. ABB pays $1.2 billion to settle the US claim on asbestos liabilities and places Combustion Engineering into Chapter 11 bankruptcy protection. Assets $812 million balance ABB.

Top Risks Facing the Organisation

Strategic These are the long term strategic aims
and objectives of the organisation.

Project (These may also be considered as tactical or developmental risks). These are the change objectives, including product and process developments. Operational These are the day to day issues that ensure continued operation of the organisation

RISK CONTROL STRATEGIES

RISK AVOIDANCE RISK RETENTION RISK TRANSFER RISK REDUCTION or any combination Residual Risks will remain

OECD Principles of Corporate Governance.

Established in April 1998 - 5 principles. 1) Rights of Shareholders. 2) Equitable treatment of shareholders. 3) Role of Stakeholders. 4) Disclosures and transparency. 5) Responsibilities of the Board.

OECD Guidelines for Multinational Enterprises 2001

Follows a review of the 1976 guidelines Recommendations to Governments, Express the shared values of governments observance is voluntary principle of establishing a common position part of the Declaration of International Investment and Multinational Enterprises

European Commission Green Paper.

Promoting a European framework for corporate social responsibility; In addition the tendency of companies to include OHSMS in their procurement.. ..which allows for a third party to carry out certification or initial approval of the contractors as well as overseeing the continuous improvement of the scheme. EU September 2001.

Corporate Governance
Process by which corporate bodies govern themselves - a risk based approach

No Surprises - ICAEW

Corporate Governance
Cadbury - 1992 -reporting of control Greenbury - 1995 - remuneration Hampel - 1998 - annual declaration Turnbull - 1999 - internal control Higgs - 2003 - role of non-executives

If the non-statutory approach embodied in the code is to be successful over the long term, the code needs to retain the widespread confidence of shareholders, employees, government and others - Institute of Chartered Accountants

Internal control requirements:

Defined structures, responsibilities and reporting. Defined operating procedures. Objectives - business, department, individual. Financial and other resources prepared. Mechanisms and measurement criteria identified. Formal reporting of performance against target.

Turnbull requirements
Assessment
Objectives
plans performance targets indicators

Control
strategy culture - senior management demonstration Authority and accountability communicate to its employees

Turnbull requirements:
The annual report will: The board is responsible for internal controls and reviewing its effectiveness. On-going process for identifying, evaluating and managing the companys significant risks. That is has been in place in the year. Process is regularly reviewed. A summary of the review process. The process applied to deal with any significant problems disclosed.
Accounts Digest - 417 October 1999

Higgs Report - January 2003

Role of Non-Executive Directors Ratio of Non-Executive to Executive Training and selection of non-executives

Civil Liability position.

The changing position
An opportunity or a threat?.

The Insurance Market

Size and Number of Claims Number Number and Scope. Level and size of claims

Client

Broker

Insurer

Reinsurance Market

Offshore Account. Fulwell 2002

The Insurance Market

Underwriting loss of 4.5 billion since 1993.
Fire + 130% Weather +70% Theft +20% Stress +19% Commercial +100% Property +50%
Independent Insurance Woolf Reforms Claims size & frequency WTC - $80 billion Eur flood $60 billion Asbestos & stress Stock Market fall = Reduced Capacity

Client

Broker

Insurer

Reinsurance Market

FLOW OF MONEY since 1991.

Fulwell 2002

Catalogue of Disasters
Forest Fires in Australia and the USA. World Trade Centre act of terrorism. Flooding in the United Kingdom. Collapse of Independent Insurance. Flooding in Eastern Europe. Asbestos claims globally. Earthquakes in Turkey. Collapse of the global stock market (ie 6% value loss on Monday 27th January ).

The Changing Perspective

Historic Position (pre 2001); Unlimited availability at very low premium, no requirement to demonstrate risk control.

Future Perspective (post 2001); Limited availability at a very high premium and only with effective risk control. Significant role of OHSMS now emerging.
Fulwell 2002

The Future Strategy

The future requirements will be risk exposure based;

Identify the key exposures of the business Establish effective risk control for the key risks Monitor and review on-going performance Demonstrate a clear policy and effective control Establish liaison with the insurance provider Adopt a policy of continuous improvement Ensure that a risk based approach is the norm Identify significant influencing factors Review Management performance on a risk basis.
Fulwell 2002

Criminal Liability
Corporate and Individual accountability

Number of prosecutions;
Year. 1996/97. 1997/98. 1998/99. 1999/2000. 2000/01. 2001/02. 2002/03. Company. 1490 1606 1760 2253 2077 2034 Individual. 49. (10) 25. (1) 27. (0) 34. (11) 43. (0) 55. (11)

Directors prosecution
Brian Dean, a construction company director became the twelfth director to be convicted of work-related manslaughter at Stafford Crown Court and has been sentenced to eighteen months imprisonment.The prosecution followed a demolition accident in Stoke where a father and son were killed. Changed on Appeal to a Section 2(1) offence after 5 months served, Jury misdirected. The Client, Daniel Platt was fined 125,000 plus costs of 10,000 for breaching CDM regulations. HSB June 2002

Fresha Bakeries Ltd.- Leicester.

Fatal accident to two employees in 1998. Trapped in an oven at 100 Centigrade. Entered the oven to remove a broken part.

Company fined 250,000 + 175,000 costs. Parent company, 100,000 + 75,000 costs. Managing Director fined 20,000 Production Director fined 1000. Chief Engineer fined 2000.
HSB September 2001.

Subcontractor electrocuted.
Subcontractor was fatally electrocuted whilst undertaking maintenance work in an office block. Reaching into a false ceiling he touched an exposed control panel on an air conditioning unit.
Doncaster Council were fined 400,000 plus 31,000 costs Maintenance budget had been cut despite a previous incident of electrocution at the site, some years earlier. judge made comments about fine equivalent to the annual turnover if it had been a private company.

EXEL fined for Workplace fatality

Exel Europe Ltd., was fined 96k for a fatal accident when an agency driver was crushed by a reversing vehicle at the Comet operation in Corby.

In addition the employment agency Taskmaster Resources Ltd was also fined 40k for failing to request copies of risk assessments and failing to ensure that Exel had introduced adequate arrangements for all relevant personnel.
MARS October 2002

Corporate Killing Legislation.

France, Canada, Republic of Ireland, Australia, New Zealand, UK - England and Wales United States of America.

UK proposals for reform on Involuntary Manslaughter

a) Corporate Killing specific offence making companies accountable

b) Reckless Killing person aware of the risk

c) Killing by Gross Carelessness conduct below that expected

d) Killing when the intention was to

cause only minor injury

UK issues in Corporate Killing.

The UK has specific problems in this area; i) only individuals may commit a crime ii) requirement for the identification principle iii) prove both actus reas and mens rea iv) aggregation is not permitted v) vicarious liability only applies in civil law vi) no current recognition of corporate culture NOT included in the Queens Speech but not withdrawn from the proposed legislation.

Republic of Ireland. Corporate Manslaughter Bill, 2001

A Company shall be guilty of the offence if; failure to manage or organise in a way which ensures health or safety of persons. failure amounts to conduct falling far below reasonable expectations. failure is the cause or one of the causes of the death of a person.

United States of America

Concept of respondeat superior
A corporation may be held criminally liable for the acts of any of its agents if an agent commits a crime within the scope of his employment and with the intent to benefit the corporation.

Canada
New Private Members Bill, C-242 February 2001 New Part XIII section 467.3 to 6 to Criminal Code A corporation is guilty of every offence of which an individual could be found guilty for committing that act or omission. section 467.6 (d) Corporate fault - C$1,000,000 per day of offence Individual fault - C$10,000 per day of offence unsafe workplace up to 7 years or life if a fatality

The Pyramid of Sanctions.

Corporate license revoked Corporate criminal sanctions Corporate probation. Court ordered disciplinary action Voluntary disciplinary action. Fines or civil penalties Advice - warnings - persuasion
Braithwaite 1989

Corporate Killing
Defence of due diligence;
The company falls to be judged not on its words but its actions, including the action of its employees.

Wells, Corporations and Criminal Responsibility , 2001

Corporate Killing - due diligence.

Evidence that the illegal and forbidden act was clearly in breach of established internal policy. Elements; Specific company policy/procedures. Evidence that the illegal conduct was forbidden. Safeguards had been developed and implemented Lack of previous examples of the offence. Wells 2001.

Longford explosion.
Longford Australia 25 September 1998 Liquid flow into plant causes disturbance, control was not re-established Vessel fracture lead to hydrocarbon release, Explosion and Fire Casualties
2 Killed 8 Injured

Fire extinguished 27 September Victoria gas supply cut off for 2 weeks

Culture
The commission noted: over time a culture developed whereby it became normal to operate the plant in alarm. This culture developed despite the fact that the alarms existed for the primary purpose of alerting operators to that which was abnormalThe consequence was that the protective purpose of the alarms was lost The culture of operators regarding the operation of the plant in alarm was, in our submission, a contributing factor to the disaster.

Conclusion
The jury found Esso guilty of 11 breaches of workplace safety, including a failure to train staff properly and a failure to provide properly trained supervisors at its gas plant.

A$ 2 million fine and A$1 billion class action to follow

Justice Philip Cummins said the blast that killed two workers and shut down Victoria's gas supply for two weeks was no mere accident - it was avoidable and it was all Esso's fault. "The events of September 25, 1998, were the responsibility of Esso - no-one else," Justice Cummins told the Supreme Court. "The cause was grievous, forseeable and avoidable. The consequence was grievous, tragic and avoidable. To use the term 'accident' denotes a lack of understanding of responsibility and a lack of understanding of cause."

BP - Prudhoe Bay, Alaska

Major Corporate threat following an explosion Group = BP - ExxonMobil - ConocoPhilips BP operates 1600 oil wells for the group Alaska Oil & Gas Conservation Commission Largest oilfield in North America BP already on corporate probation

HSE - FOD - Risk Control Indicators;

Falls from Height Workplace Transport Musculoskeletal Disorders (MSD) Stress Slips, trips and falls on the level Hand, Arm Vibration, (HAV). Noise. Occupational Asthma. Management of Risks. Source HSE, 2003. Working Environment.

Fatal Accident Manufacturing

YEAR Manuf. 1997/98 61 1998/99 69 1999/00 41 2000/01 50 2001/02 47 2002/03 - ytd 21
As at 30/09/02 = 6 months.

Constr. 80 65 81 105 79 36

Total 274 253 220 292 249 110

Source - HSE Statistics dept.

Fatal Accident Causation 2001/02

Contact with moving machinery Struck by falling object Struck by Moving Vehicle Injured whilst handling Slips trips and falls Falls from height Trapped by collapsing/overturning Drowning or asphyxiation Exposure to fire/explosion Contact with Electricity Others kind of accident - 22 - 43 - 40 - 1 - 2 - 68 8 - 11 - 8 - 12 - 22

Current issues in OHSMS

Civil Liability premium increases Corporate Killing Enforcement Management Model Accident Investigation Employee Representation Manual Handling survey by the HSE Directors duties

International Specialist Group.

1. Approved by Council in September 2001 2. Comprises two separate Working Parties

IOSH Specialist Groups;

Municipal and Public Services. Off-Shore Group. Construction Group. Environmental Group. Healthcare Group. Fire Risk Management. Railway Safety Group. International Group. Safety Sciences Group. Education Group. Consultants Group. In progress - Airways and Telecommunications.

International Specialist Group

2 separate Working Parties; Internal Working Party - focus upon the membership services required to support a global organisation and its development. External Working Party - focus upon the development of the Institution into a global organisation and the establishment of a network of international contacts.

International Group Objectives

*Develop an international information web site. *Review the International membership criteria. *Publish 2 Learned Journal articles. *Establish a network of international contacts. *Establish a comparative qualification base. *Increase the International Group membership. *Investigate potential questionnaire in SHP. *Monitor international developments. *Present at the IOSH Conference. *Advise IOSH of global developments in SH&E.