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Management of Hazardous Materials and Processes

 Management of Hazardous Materials and Processes

Hazard and Risk Control

A report on EBR Chem Ltd.

Contents.

  1. Figures & Tables
  2. Introduction
  3. Section 1: Management of Hazardous Materials and Processes – E. Costello
  4. Section 2: Hazard and Risk Control – Dr. R. Nugent
  5. Section 3: Health and Safety Legislation – B. McGrath
  6. Conclusion
  7. References

List of Tables and Figures

 

 

Layout of EBR Chem Ltd.

Accident Logs of EBR Chem Ltd

Table 1: Seveso III Directive 2012/18/EU. The site falls under the Upper thresold as highlighted in the table below in red. This is correct as of 01/11/2018

Introduction 

EBR Chem Ltd was recently inspected by a HAS Inspector. On receiving the inspectors report, it was highlighted that EBR Chem Ltd has a serious lacking of correct procedures and risk assessments and this needs to be addresses within a specific time frame as laid out by the inspector with the improvement notice.

The following issues were received by EBR Chem management from the HSA inspector:

  1. The company have inadequate risk assessments conducted in their warehouse
  2. The company was not in compliance with accident reporting requirements.
  3. The company register of legislation needs to be updated under the following legislation:
    1. Section 8 and 19 of the Safety, Health and Welfare at Work Act 2005
    2. Certain areas relating to the Safety, Health and Welfare at Work (General Application) Regulations 2007, and in particular, Improvements under the following:
      1. Part 2 Chapter 1 regulations 6, 8, 14 and 18

EBR Chem are required to comply with the HSA improvement notice as well as updating and overhauling our own policies and procedures. EBR Chem needs to ensure that it is complying with all relevant statutes, code of practices and any and all EU Directives in relation to its materials, such as storing, handling, transporting etc.

EBR Chem, with the help and co-operation of the management team, safety & health officers, supervisors and employees will engage together to bring EBR Chem Ltd back up to where it should be. To achieve this, EBR will need to update its risk assessments, implement safety measures to protect not just the staff, but EBR’s neighbours, contractors, visitors and the environment.

All staff will need to have additional training, supervisors will need to engage more with staff and hold more informal tool-box talks explaining any new policies and procedures as well as encouraging the employees to be more aware of their safety as well as others.

The report below will show management and their team how to help EBR be a safe and energising place of work. Each team member will be upskilled and have a schedule drawn up to implement this training. New, young and pregnant workers will need to be specifically trained and new work practices will need to be implemented for said pregnant workers to keep them safe from harm.

It is envisioned that a new induction program will be included into the training schedule for all new employees, as well as contractors, cleaners and any visitors to the site.

By the end of this process, EBR Chem Ltd will be compliant with all relevant European and national legislation and will be a model to all surrounding chemical companies.

 

 

 

 

Section 1: Management of Hazardous Materials and Processes – E. Costello

 

 

Within this section, I will provide evidence that it is required to show whether or not EBR Chem Ltd should be classified as a Seveso site and if so, is it Upper-Tier or Lower-Tier and the requirements of either Upper or Lower-tier

 

 

 

3.1 Introduction to Seveso III and its Classification

What exactly is Seveso III and how does this classification affect EBR Chem ltd?

The Seveso directives were brought about by the chemical accident in the town of Seveso in 1976. The aim of this directive is to ensure that such accidents do not occur again.

In 2012 the Seveso-III (Directive 2012/18/EU) was adopted taking into account, amongst other factors, the changes in EU legislation on the classification of chemicals and increased rights for citizens to access information and justice.

The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015 ) (the “COMAH Regulations”), implement the Seveso III Directive (2012/18/EU). The purpose of the COMAH Regulations is to lay down rules for the prevention of major accidents involving dangerous substances, and to seek to limit as far as possible the consequences for human health and the environment of such accidents, with the overall objective of providing a high level of protection in a consistent and effective manner.(1)

 

 

 

 

3.2 Measurements and calculations on how a Seveso III site is calculated

As EBR Chem Ltd retains an amount of chemicals as well as different chemicals, it is important to calculate the quantities of the chemicals and decide if EBR Chem is indeed a Seveso site.

In Table 1, the  materials are calculated in line with the Statutory Instruments. S.I No. 209 of 2015, Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015   https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/Schedule_1_of_2015_Regs.pdf

As of this date, EBR Chem Ltd does qualify as an Upper-Tier establishment. This means the we must now integrate extra controls to the company and we also need to abide by the current legislation that is in law.

However, if we reduced the quantity of Hydrogen from 36 tonnes to 34 tonnes, we would fall below the Upper-Tier status,  this would in effect reduce our legal obligations, which would reduce our overall expenditure complying with Seveso III directives. This is a cost saving exercise, but we would still need to abide by the Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 as well as the Safety, Health and Welfare at Work Act 2005.

It would be remis of us as a company, to reduce a small quantity of a chemical compound so that overall costs would be reduced, without implementing the improvement notice from the HSA inspector. We have legal, social, environmental and economic reasons for maintaining our facility up to the highest standards that are achievable, and we should always strive forward in maintaining ERB Chem Ltd as a leader in onsite chemical storage.

3.1.2        Management meeting on companies duties under the Chemicals Act

Safety and Health are a vital part of any working environment. This must be a proactive approach and it must be from the top management, only with this commitment from management will the employees understand the managements change of working practices and will hopefully emulate the positive change of attitude and working practices that will be introduced here.

The Chemicals Act requires under the general duties that the company complies with the Health Services Authority (HSA) if they are carrying out any functions under the act, such as an inspection or investigation after an accident.

All paperwork must be given in a legible form to the HSA if requested by an inspector. We must provide the HSA our legal company name, address, the name of our Managing Director, and full information on the hazardous materials stored in the business address.

We need to ensure that we notify the HSA every 5 years if we are updating our facility prior to starting.

The company needs to prepare a Major Accident Prevention Policy (MAPP) with immediate effect. Essential in the MAPP is a guarantee to human health, protection of the environment, the commitment of  the company to continuously improve our management of any major accidents. We need to update the MAPP every 5 years and submit it to the HSA.

We must ensure our safety reports are complete, but as ERB is now classed as an Upper-Tiered establishment, it is even more important that it is sent to the HSA in writing and then every 5 years, unless there is an accident or a change in the regulations.

With being an Upper-Tier company, the COMAH require that EBR have implemented in their plans objectives, the implementation and internal emergency plans. The internal plans must be completed with the relevant external experienced emergency services, such as the HSE, An Gardaí, Fire and local authority, it will also have information on who are the first aiders, who are trained as fire fighters/wardens and who is accountable for contacting the relevant emergency services. The internal plans are the first line of attack if an accident does occur, provided within the plan will be areas on how to control the incident, how to protect staff, contractors, visitors etc. as well as how to limit the damage to the environment. The plans must have a review after an incident/accident or updated every 3 years.

The HSA will inform the local authority of our upper-tier status, we must supply any necessary information that is required by the authority so that they can prepare an external emergency plan (EEP)

If there is any major accident, the company must inform the HSA as soon as is practicable. All information on the accident must be included in the report. To be included in the report is the steps we are taking to ensure such an event will not take place again.

If there are any near misses, they must be reported to the HSA.

Inspections by the HSA will be carried out on our premises yearly. They will inform us of any observations that they require remedied. We must implement these changes within a reasonable time period.

As the public have a right to information, we must provide said information to any and all persons who might be affected by a major incident. It must be clear and intelligible information on what steps are required from them if an explosion or release of gas occurs. It must be provided to hospitals, schools, nearby houses and any other chemical companies in the area.

If management decides not to comply with the regulations, then they will be subject to fines and or prison terms which may also include costs to the HSA.

A more definitive guide can be found here for consultation.

https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/SI_209_of_2015.pdf

https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/A_Guide_to_COMAH_SI_No_209_of_2015.pdf

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2: Hazard and Risk Control – Dr. R. Nugent

 

 

A Hazard is something with the potential to cause harm to an employee, plant, property or to the environment Hazards can take many forms such as chemicals, noise or electricity.

A Risk is the likelihood of potential harm from the Hazard.  It is important to remember that a risk can be reduced and the hazard controlled by management being proactive in their approach to the safety, health and welfare of their employees in the workplace.

Under the Safety, Health and Welfare at Work Act 2005, Part 2, Chapter 8, (2) (h) an employer must carry out a risk assessment for the protection of their employees.

Hazard identification is a vital part of any working environment. There are many ways to carry out a hazard identification.

A walkaround the workplace is an ideal opportunity to gather information on hazards, the safety officer can see how the work is being conducted and the safety officer will see any work practices that are unsafe and will be able to stop them immediately. The safety officer will need to be experience in this type of activity and not get too involved with the staff carrying out the work, an unexpected walkaround is the preferred option as the safety officer will see the actual work practices being employed by the staff.

The safety officer can also have tool-box talks with the staff, this can be at the start of the shift or during a short break, it is a good way to impart safety information to staff. However, it needs to be short, bullet pointed and easy to understand, it needs to be held in a quiet area so all can hear the talk.

Having a workplace inspection can be a major part of hazard identification within the workplace. The inspection can be focused on a particular area that has previously presented with near misses or accidents. The safety officer undertaking this inspection must be practiced in this type of activity. The safety officer will take notes, talk with the employees, take photos if needed and also take any measurements such as noise if required.

Hazard identification should be an ongoing entity, not just once a month, it is incumbent on every employee to be aware of the risks and hazards of the workplace and be proactive in the eliminating of any hazards that they see, it should be part of any induction for new employees and integrated into the workplace operations..

After examining ERB Chem Ltd, I have identified the main hazards and the associated risks within the company.

I have included these below.

Hazard Identified Associated Risk
Chemical: 

  1. Acetone
  2. Bromide
  3. Methanol
  4. Unknown Product
  5. Isopropyl Alcohol / IPA
  6. Unknown Aqueous Waste
  7. Formaldehyde >90%
  8. Hydrogen
  9. Unknown Solvent Waste
  • Toxic if swallowed
  • Highly Flammable
  • Serious eye irritation
  • Corrosive to skin
  • Burn to eyes
  • Gastrointestinal burn if swallowed
  • Fire/Explosion
  • Carcinogenic effects to human organs
  • Dizziness/Drowsiness
  • Unconsciousness
  • Death
Physical: 

  1. Explosion
  2. Fire
  3. Moving work vehicles
  4. Poor lighting
  5. Noise
  • Injuries associated with explosion
  • Injuries associated with fire
  • Slips, trips and falls
  • Eye strains
  • Damage to hearing
  • Injury associated with moving vehicle
Ergonomic: 

  1. Lifting
  2. Twisting
  3. Manual handling
  4. VDU
  • Musculoskeletal injuries
  • Carpal tunnel injuries
  • Work related upper limb disorder / WRULD
  • Eye strain
Psychological: 

  1. Overworked
  2. Peer pressure
  3. Using faulty equipment
  4. Lack of training
  • Stress
  • Complacency / Uncaring
  • Lack of awareness
  • Headaches, depression, over eating, alcohol, drug use.

 

 

SEVERITY CRITERIA PROBABILITY FOR POTENTIAL INCIDENT SEVERITY
Personnel Operations 

► Asset damage

► Downtime

Environmental Reputation (1) 

Very Unlikely

but possible under extreme circumstances

(2) 

Unlikely

though conceivable

(3) Possible 

but unusual

(4) 

Likely

not surprising

(5) 

Very Likely
almost no doubt

HSES Project Loss
(1) 

First Aid

(1) 

Slight

(<€10,000)

(8 hours)

(1) 

Slight (<€10,000)

8 hours

(1) 

Slight

(< 20 liters)

(1) 

Local Exposure

1 2 3 4 5
(2) 

Medical Treatment

(2) 

Minor

(<€100,000)

(< = 1 day)

(2) 

Minor (<€100,000)

<=1 Day

(2) 

Minor

(155 liters)

(2) 

State Exposure

2 4 6 8 10
(3) 

Lost Time/ Rest. injury

(3) 

Medium

(<€1million)

(> 1 day)

(3) 

Medium (<€500,000)

>1Day

(3) 

Medium

(1550 litres)

(3) 

National Exposure

3 6 9 12 15
(4) 

Single Fatality

(4) 

Major

(<€10, million)

(> 1 week)

(4) 

Major

(>€500,000)

>1 Week

(4) 

Major (<15500 liters)

(4) 

Regional Exposure

4 8 12 16 20
(5) 

Multiple Fatality

(5) 

Extensive

(> €10, million))

(> 1 month)

(5) 

Extensive

(>€1 million)

>1 Month

(5) Massive 

(>4,200 Gallons15500 liters)

(5) 

International

Exposure

5 10 15 20 25
1 – 6 Low Risk May be acceptable; however, review task to see if risk can be reduced further.
8 – 12 Medium Risk Job should only proceed with appropriate authorization after consultation with Safety & Health specialist personnel. Where possible, the job shall be redefined to take account of the hazards involved or the risk shall be reduced further prior starting the job.
15 – 25 High Risk The job must not proceed until it has been redefined or further control measures put in place to reduce risk.  The controls shall be re-assessed for adequacy prior to starting the job.

RA NUMBER: ERB Chem Ltd:  001/2018 Risk Assessment: Warehouse
PROCESS/LOCATION: 

ERB Chem Ltd

Safety & Health Manager for ERB Chem Ltd: 

Mr. P. O’Toole

CHECK PPE AND CONTROLS REQUIRED
JOB NAME: Risk Assessment for ERB Chem Ltd. Hard Hats X Respirator X Fire Extinguisher X Coveralls X
ASSESSOR: Stephen  D Mulcahy Safety Shoes X Hi-Viz Vest O
Safety Glasses O Safety Harness X
INITIAL DATE: 12th November 2018 Hearing Protection X Face Shield X
LAST REVISION DATE: 11th June 2014 Latex free Gloves X Goggles O
REVISION NUMBER: 001 Chemical Gloves X Ventilation X

JOB STEPS/TASKS HAZARD DESCRIPTION RISK TO WHAT? INITIAL RISK REQUIRED CONTROLS RESIDUAL RISK
Separate the job into the main tasks and record them in sequence Describe all hazards identified for each task based on observations and experience 

Note:  Additional hazards may be caused by interaction with other work

Personnel

Operations

Environment

Reputation

Classify risk rating from matrix for each hazard with no controls in place. Describe fully all equipment, facility, and/or procedure controls applicable for each hazard (i.e. if PPE is used as a control, it must be specifically described.) 

If a control can only be verified by documentation, then it must be available.

All controls must be valid in that they reduce severity, probability, or both.

Classify risk rating from matrix for each hazard with controls in place.
  • Forklift
  • Powered trollies
  • Powered pallet trucks etc.
  • Sprains
  • Strains
  • Bruising
  • Fractures
  • Crush injuries
  • Head injuries
  • Death
X X X X S4 x P4 = 16
  • Warehouse floor to be marked with tape for designated pedestrian walkways.
  • Designated vehicle pathways marked out with Battenberg Hi-Viz tape
  • Vehicle to be fitted with warning light and audible warning noise while reversing.
  • Vehicles to be fitted with speed limiters
  • Warehouse areas should be kept clear of obstructions.
  • Hi-Viz clothing to be provided to staff
  • Sufficient lighting in warehouse
S3 x P1 = 3 

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article39

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print#article40

Fire and Explosion
  • Burns
  • Breathing difficulties
  • Fractures
  • Head injuries
  • Environmental factors
  • Death
  • Domino effect
S5 x P3 = 15
  • Remove any ignition source from area
  • Use of suitably rated electrical equipment (e.g. intrinsically safer or flame proof)
  • Correct warning signage to be placed in visible areas
  • Good housekeeping (tool-box talks)
  • Clean up any spills immediately
  • Put a Fire warden in place
  • Train staff in basic firefighting (fire extinguishers)
  • First Aid training
  • No unauthorised entry signs to be placed on entrance to warehouse
  • Correct PPE to be worn at all times
  • Update MAPP
S5 x P2 = 10 

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article167

https://www.hsa.ie/eng/Topics/ATEX_and_Electrical_Apparatus/Atex_Regulations_-_Frequently_Asked_Questions/ – emprdutiesunderdirective

https://osha.europa.eu/en/legislation/directives/21

Manual Handling
  • Sprains & Strains
  • Back pain
  • WRULD’s
  • Slipped Disks
  • Sciatica
  • Repetitive strain injury
  • Musculoskeletal injuries
X X X S3 x P4 = 12
  • Employ a manual handling trainer for all staff
  • Limit time staff spend lifting boxes
  • Install conveyer belt to reduce bending & lifting
  • Reduce weight of boxes
S3 x P1 = 3 

https://www.hsa.ie/eng/Publications_and_Forms/Publications/Retail/Gen_Apps_Manual_Handling.pdf

Slips, Trips & Falls
  • Bruising
  • Strains
  • Sprains
  • Fractures
  • Head injuries
X X X S3 x P4 = 12
  • Good housekeeping (tool-box talks)
  • Clean up any spills immediately
  • Provide PPE (Slip-resistant footwear)
  • Install suitable and sufficient lighting in low light areas
  • No unauthorised entry signs to be placed on entrance to warehouse
S4 x P1 = 4 

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article18

RA NUMBER: ERB Chem Ltd:  002/2018 Risk Assessment: Chemical Dispensing Store
PROCESS/LOCATION: 

ERB Chem Ltd

Safety & Health Manager for ERB Chem Ltd: 

Mr. P. O’Toole

CHECK PPE AND CONTROLS REQUIRED
JOB NAME: Risk Assessment for ERB Chem Ltd. Hard Hats X Respirator O Fire Extinguisher X Coveralls X
ASSESSOR: Stephen  D Mulcahy Safety Shoes X Hi-Viz Vest O
Safety Glasses X Safety Harness X
INITIAL DATE: 12th November 2018 Hearing Protection X Face Shield X
LAST REVISION DATE: 11th June 2014 Latex free Gloves X Goggles X
REVISION NUMBER: 001 Chemical Gloves X Ventilation O

JOB STEPS/TASKS HAZARD DESCRIPTION RISK TO WHAT? INITIAL RISK REQUIRED CONTROLS RESIDUAL RISK
Separate the job into the main tasks and record them in sequence Describe all hazards identified for each task based on observations and experience 

Note:  Additional hazards may be caused by interaction with other work

Personnel

Operations

Environment

Reputation

Classify risk rating from matrix for each hazard with no controls in place. Describe fully all equipment, facility, and/or procedure controls applicable for each hazard (i.e. if PPE is used as a control, it must be specifically described.) 

If a control can only be verified by documentation, then it must be available.

All controls must be valid in that they reduce severity, probability, or both.

Classify risk rating from matrix for each hazard with controls in place.
Local Exhaust Ventilation (LEV) System
  • Overcome by fumes
  • Overheating
  • Eye irritation
  • Skin irritation
  • Fire/explosion from LEV
  • Corrosion of LEV
X X X X S5 x P3 = 15
  • Have LEV inspected immediately by competent electrical engineer
  • Install new LEV that is a non-sparking LEV
  • Permit to work system implemented for welding or electrical work.
S5 x P1 = 5 

https://www.hsa.ie/eng/Publications_and_Forms/Publications/Occupational_Health/Local_Exhaust_Ventilation_LEV_Guidance.pdf

Fire and Explosion
  • Burns
  • Breathing difficulties
  • Fractures
  • Head injuries
  • Deaths
  • Environmental factors
  • Domino effect
S5 x P3 = 15
  • Remove any ignition source from area
  • Use of suitably rated electrical equipment (e.g. intrinsically safer or flame proof)
  • Correct warning signage to be placed in visible areas
  • Good housekeeping (tool-box talks)
  • Clean up any spills immediately
  • Put a Fire warden in place
  • Train staff in basic firefighting (fire extinguishers)
  • First Aid training
  • No unauthorised entry signs to be placed on entrance to warehouse
  • Correct PPE to be worn at all times
  • Update MAPP
S5 x P2 = 10 

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article167

https://www.hsa.ie/eng/Topics/ATEX_and_Electrical_Apparatus/Atex_Regulations_-_Frequently_Asked_Questions/ – emprdutiesunderdirective

https://osha.europa.eu/en/legislation/directives/21

Isopropyl Alcohol (IPA)
  • Quantity of chemicals
  • Skin Irritation from chemicals
  • Redness and itching around eyes
  • Dizziness/
  • Light headiness
  • Loss of conciseness
  • Inhalation of IPA
  • Death
X X X X S5 x P3 = 15
  • Short term exposure limit 500ppm, Respirator required with CE markings.
  • Restrict access to specialised and trained personnel
  • No Smoking signs
  • No mobile phone signs
  • Supervised training and up-skilling on a continuous basis for staff working in confined area
  • Information on chemicals/first aid to be given to staff – (sds)
  • Chemical pads/kits to be available and ready in case of chemical spill.
  • Emergency showers to be installed
  • Emergency decontamination station set up
  • Diphoterine stations to be installed in key locations, provide training on its use
  • Reduce time spent in dispensing store by employees
S5 x P2 = 10 

http://multimedia.3m.com/mws/media/738488O/filters-for-reusable-respirators-selector.pdf

https://www.prevor.com/en/diphoterine-solution

http://www.diphex.com/resources/diplinks/Plaq. Dipho EN 2012 BD.pdf

Acetone
  • Quantity of chemicals
  • Skin Irritation from chemicals
  • Redness and itching around eyes
  • Dizziness/
  • Light headiness
  • Loss of conciseness
  • Inhalation of Acetone
  • Death
X X X X S5 + P3 = 15
  • Short term exposure limit 500ppm, Respirator required with CE markings.
  • Restrict access to specialised and trained personnel
  • No Smoking signs
  • No mobile phone signs
  • Supervised training and up-skilling on a continuous basis for staff working in confined area
  • Information on chemicals/first aid to be given to staff – (sds)
  • Chemical pads/kits to be available and ready in case of chemical spill.
  • Emergency showers to be installed
  • Emergency decontamination station set up
  • Diphoterine stations to be installed in key locations, provide training on its use
  • Reduce time spent in dispensing store by employees
S5 + P2 = 10 

http://multimedia.3m.com/mws/media/738488O/filters-for-reusable-respirators-selector.pdf

http://www.diphex.com/resources/diplinks/Plaq. Dipho EN 2012 BD.pdf

https://www.prevor.com/en/diphoterine-solution

Manual Handling
  • Sprains & Strains
  • Back pain
  • WRULD’s
  • Slipped Disks
  • Sciatica
  • Repetitive strain injury
  • Musculoskeletal injuries
X X X S3 x P4 = 12
  • Employ a manual handling trainer for all staff
  • Limit time staff spend lifting boxes
  • Install conveyer belt to reduce bending & lifting
S3 x P1 = 3 

https://www.hsa.ie/eng/Publications_and_Forms/Publications/Retail/Gen_Apps_Manual_Handling.pdf

Slips, Trips & Falls while carrying Jerry cans
  • Bruising
  • Strains
  • Sprains
  • Fractures
  • Head injuries
X X X S3 x P4 = 12
  • Eliminate need to carry cans.
  • Set-up conveyer belt system
  • Reduce weight of cans
  • Good housekeeping (tool-box talks)
  • Clean up any spills immediately
  • Provide PPE (Slip-resistant footwear)
  • Install suitable and sufficient lighting in low light areas
  • No unauthorised entry signs to be placed on entrance to warehouse
S4 x P1 = 4 

https://www.hsa.ie/eng/Publications_and_Forms/Publications/Retail/Gen_Apps_Manual_Handling.pdf

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 3: Health and Safety Legislation – B. McGrath

Legislation

The health, safety and welfare of employees in Ireland is governed by national legislation , much of which is derived from European Directives.(2)

It places very clear and concise directives onto the employer as well as employees. The Safety, Health and Welfare at Work Act 2005 is legislation that sets out the governments expectations of employers and employees. It is a legal requirement that all employees abide to this document so far as is reasonably practicable.

Employees within EBR Chem need to be responsible within their place of work, comply with Safety & Health, training, use of PPE and any other training that is required to provide a safe place of work.

EBR Chem Ltd needs to, so far as is reasonably practical, reduce its accident rate, eliminate major accidents, reduce vehicle accidents and near misses as well as slips, trips and falls.

As the management team have an overall responsibility to what occurs within the workplace, they need to be aware of the 2005 Act as well as informing employees of their duties under the Act, i.e. Section 13 & 14 Chapter 2 of the 2005 Act.

Under the 2005 Act, management also have a duty to the employees to provide a safe place of work, competent staff, safe access and egress. With commitment from all stakeholders, this can easily be achieved, but must be led from the top.

http://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/print#part2-chap1

It would be imperative that a Safety Management System is implemented for EBR, this will involve all stakeholders, especially management, S&H officer and employees to be involved in the implementation of this. It will be a proactive endeavour, which will show the commitment of the EBR team to its external and internal stakeholders. This will then improve the safety of the site and provide employees with have a safe place of work.

Management need to actively approach the SMS with a positive attitude and promote this it all staff, with active reinforcement of risk assessments, hazard identification and active employee participation on identifying problem areas.

I would encourage both management and staff to implement a safety committee, which would improve the risk assessments, hazard identification, gain trust from staff as they would be instrumental participants with valuable input and would reduce the amount of incidents, accidents and near misses. http://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/print#part4

Company Register of Legislation

EBR Chem Ltd. Occupational Safety & Health 

Legislation Register

Revision No: 2018-01 

Date: 01/11/2018

Prepared by: Stephen D Mulcahy Compliance  :Non-Compliant          Partially 

                        Fully                          Substantially

Ref No Relevant Legislation Applicable Rationale Compliance level / status Measures which demonstrate compliance Action Required Close out Action by Date Applicable Legislation available
1.0 Safety, Health and Welfare at Work Act 2005, Part 2, Chapter 1, Section 8, 

General Duties of Employers

Yes The Employer has a duty of care to provide a Safe System of Work, Place of Work and Safe, Competent Staff as well as safe access and egress Non-Compliant It is evident that EBR Chem Ltd has not carried out its obligation to ensure a safe workplace, providing a safe system of work and obtaining the services of competent person (S&H advisor) and much more. Initiate control measures as recommended in the Risk Assessment MD of EBR Chem. 

2 weeks

http://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/print – sec8
2.0 Safety, Health and Welfare at Work Act 2005 Part 2, Chapter 1,  Section 19, 

Hazard identification and Risk Assessment

Yes Under the S, H and W at Work Act, it is a legal responsibility of the employer to carry out Hazard identification and Risk Assessments in the workplace Partially As there have been numerous incidents, near misses and accidents, it is very evident that the Hazard identification and Risk Assessments have been put aside. Immediately carry out both  Hazard Identification and Risk Assessments. 

Hire S&H consultant

Retrain existing S&H officer

MD of ERB Chem. 

2 Weeks

2 weeks

6 months

http://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/print – sec19
3.0 Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 – S.I. No. 370/2016 

Reporting of Accidents and Dangerous Occurrences

Yes If an employee is injured by an accident at work and is out of work for more than 3 days (excluding the day of the injury), then this is a notifiable incident to the HSA Fully There has been 1 recorded accident where the employee has been unable to work for more than 3 days (excluding day of accident), this was reported to the HSA. Instil on the management team the importance of reporting notifiable accidents and incidents to the HSA. MD & Managers http://www.irishstatutebook.ie/eli/2016/si/370/made/en/print
4.0 Safety, Health and Welfare at Work (General Application) regulations 2007 Part 2, Chapter 1, Regulation 6 

Ventilation of enclosed places of work.

Yes To provide suitable and sufficient ventilation within a closed environment in the workplace Partially Ventilation system is in place, but over 10 years old. With the increase of materials in the workplace, the system needs to be suitable and sufficient for the chemicals involved Hire competent supplier of ventilation systems and install improved system with extraction system that protects the staff and environment MD. 

3 months

See RA on Chemical Dispensing Store

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article6
5.0 Safety, Health and Welfare at Work (General Application) regulations 2007 Part 2, Chapter 1, Regulation 8 

Natural and artificial lighting.

Yes To provide adequate lighting, preferably natural, but if unable, artificial lighting that is suitable and sufficient to the area Partially There have been numerous accidents, trips, near misses within the work place. Inadequate lighting could have been a factor in this. Installation of windows in critical areas to allow more natural light. Upgrading artificial lighting to meet the requirements of each area where natural lighting is unavailable. MD and Managers, 

1 month for artificial lighting.

6 months for natural lighting.

See RA on both Warehouse and Chemical Dispensing Store

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article8
6.0 Safety, Health and Welfare at Work (General Application) regulations 2007 Part 2, Chapter 1, Regulation 14 

Movement of pedestrians and vehicles in danger areas.

Yes Employers are to provide a safe place of work, to ensure safe movement of employee and vehicles in the workplace Non – Compliant Looking at the accident log, it is apparent that there are frequent accidents as well as near misses. Mark out floor for both vehicles and pedestrians. Hi-Viz clothing to be provided. Limit speed of vehicles in warehouse. MD and Managers. 

1 week marking of areas

1 week for clothing

1 month for speed limiters on forklifts.

See RA on warehouse

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article14
7.0 Safety, Health and Welfare at Work (General Application) regulations 2007 Part 2, Chapter 1, Regulation 18 

General welfare requirements.

Yes The workplace should be kept in a clean and free from trash which could cause trips and falls. Partially Evidence of very poor housekeeping according to the accident logs, numerous instances of trips and slips in the work place Highlight the importance of good housekeeping amongst the staff, include management, lead from the top down MD & Managers 

Daily tool-box talks.

See RA on both Warehouse and Chemical Dispensing Store

http://www.irishstatutebook.ie/eli/2007/si/299/made/en/print – article18
8.0

 

 

 

 

 

 

 

 

 

 

Conclusion

 

From the start of this project, I have found that the HSA inspector covered many of the issues that were failing within EBR Chem Ltd. This is a systemic failure from top management down to the workers in the warehouses.

There is an evident culture of an uncaring attitude of both management and staff.

This is not an insurmountable problem, but it needs to be addressed immediately and this has to be led from the top. If management show its commitment to staff on matters regarding their Safety, Health and Welfare at Work, their well-being as well as the environment, then staff will want to be a part of the process rather than part of the problem.

We have a legal, social, financial and environmental reason for implementing the changes that are required.

Socially, EBR is in a negative light, the local population as well as our own staff will not be supportive of EBR if a serious accident occurs that causes a life to be lost. EBR will lose a lot of confidence with its stakeholders, neighbours, suppliers and customers. Financially, this could cause the closure of EBR if we do not take control of the findings laid out and immediately take ownership of the site. This is not an obstacle that cannot be overcome, it can be accomplished with the right change of attitude and mindset by all who have a vested interest in the company.

The Safety & Health officer has a considerable job to accomplish, they will need the full support and

co-operation of all members of EBR, the S&H officer will be at the forefront of positive change and should be encouraged to give tool-box talks on a daily basis to each team and its members.

The placing of S&H notices on prominent areas such as the canteen will give notice to staff and they will become more S&H aware and in turn this will hopefully reduce the incidences of accidents and near misses.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References:

  1. https://www.hsa.ie/eng/Chemicals/COMAH/
  1. http://www.ibec.ie/IBEC/ES.nsf/vPages/Health_and_safety~health-and-safety-legislation
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