Extract from University Safety Statement
Section 3. Roles, Responsibilities and Duties in Relation to Safety, Health and Welfare (SHW)
It is the President and Governing Body as the employer who have ultimate responsibility to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees, in compliance with the relevant provisions of the Act and other occupational safety legislation. The employer’s duties as set out in Section 8 of the Act are as follows:
1. To ensure, so far as is reasonably practicable, the safety, health and welfare at work of their employees
2. The employer’s duties extends, in particular, to the following:
a) To manage and conduct work activities in such a way as to ensure the safety, health and welfare at work of all employees
b) To manage and conduct work activities in such a way as to prevent any improper conduct or behaviour likely to endanger employees
c) As regards the place of work concerned, the employer must ensure the design, provision and maintenance of:
- a safe, risk-free place of work,
- safe means of access to and egress from it
- plant and machinery that are safe and without risk to health
d) To ensure safety and the prevention of risk arising from the use of articles or substances or the exposure to noise, vibration, radiation or any other ionizing agent
e) To provide systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be safe and risk free
f) To provide and maintain facilities and arrangements for the welfare of employees at work
g) To provide information, instruction, training and supervision, where necessary
h) To implement the safety, health and welfare measures necessary for protection of employees, as identified through risk assessments and ensuring that these measures take account of changing circumstances and the general principles of prevention specified in Schedule 3.
i) To provide protective clothing and equipment where risks cannot be eliminated or adequately controlled
j) To prepare and revise as appropriate, adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger
k) To report accidents and dangerous occurrences to the relevant authority (prescribed under section 33)
l) To obtain where necessary the services of a competent person for the purpose of ensuring safety and health at work
3. To ensure that all safety measures take into account both fixed term and temporary workers and that that any measures taken do not involve financial cost to their employees
4. For the duration of the assignment of any fixed-term employee or temporary employee working in their undertaking, to ensure that working conditions are such as will protect the safety, health and welfare at work of such an employee.
5. To ensure that any measures taken by him or her relating to safety, health and welfare at work do not involve financial cost to their employees.
This section outlines the titles of those with specific roles and responsibilities in relation to safety, health and welfare in accordance with the Act. The names of those with specific roles are set out in the School/Function Safety Arrangements.
3. 1 Governing Body Role and Responsibility
Governing Body is responsible for the following:
· Reviewing and endorsing the University Safety Statement submitted by the University Executive Team;
· Receiving and reviewing the annual report from the University Executive Team on progress regarding the implementation of the University Safety Statement;
· Receiving other SHW reports as deemed necessary by the University Executive Team.
3.2 President
The President is appointed by Governing Body to oversee the management of the University.
As Accounting Officer, the President has responsibility for SHW and reports to the Governing Body on the implementation of policy on SHW.
The President is responsible for the following:
· Ensuring an annual review of the University Safety Statement is undertaken by the designated personnel;
· Providing a signed and dated Safety Policy on an annual basis;
· Leading the University Executive Team in implementing best practice for incorporating safety, health and welfare across the University;
· Developing and fostering a positive safety, health and welfare culture in the University for all campus users; and
· Ensuring the provision of adequate resources to implement the University Safety Statement.
3. 3 Chief Operations Officer
The Chief Operations Officer (COO) is the UET member with responsibility for safety, health and welfare function and through that function ensures that management and employees are made aware of their SHW responsibilities and have the resources required to carry them out.
The COO is responsible for:
Ensuring the appropriate operation of the University safety, health and welfare management is a priority of the University Safety, Health and Welfare (SHW) Steering Committee.
Ensuring the necessary organisational structures exist;
Ensuring that adequate systems are in place for consulting and communicating with employees, including the selection of safety representatives;
Ensuring that adequate systems are in place for emergency planning and first-aid arrangements;
Reviewing on an annual basis a safety management system action plan (SMSAP); ensuring that this plan is prepared and gives priority to areas of greatest risk;
Identifying, on an ongoing basis, the resources required for the implementation of the SMSAP
Ensuring that progress in the implementation of the SMSAP is regularly tracked;
Ensuring adequate systems and resources are in place for identifying hazards and assessing risks at the University;
Overseeing safety management targets and objectives on an annual basis; and
Providing updates to the University Executive Team indicating progress in implementing the SMSAP and on achieving agreed goals and objectives.
3. 4 Head of Governance and Compliance
The Head of Governance and Compliance oversees the safety systems and procedures ensuring that the University’s statutory obligations are met.
The Head of Governance and Compliance is responsible for:
Ensuring that processes are in place for the preparation, regular review and update, as required, of the University Safety Statement and the School/Function safety arrangements and risk assessments.
Ensuring that the University statutory obligations are met with regard to accident and dangerous occurrence investigation, reporting and corrective actions plans; and
Ensuring that SHW audits are undertaken to monitor all aspects of the University SHW policy implementation;
3. 5 University Executive Team (UET)
The UET is the senior management team. UET is responsible for ensuring that due regard is given to safety, health and welfare in all decision-making.
UET is the approval body for all significant and relevant safety documentation. It receives all relevant reports from the University Safety, Health and Welfare (SHW) Steering Committee. It provides the requisite reports to the Governing Body.
Items that cannot be resolved by the University SHW Steering Committee may be escalated to the UET by the chair of the University SHW Steering Committee.
UET responsibilities include:
Ensuring that management reporting to them have been fully briefed on the implementation of the University Safety Statement;
Ensuring that the President is advised of any serious safety issues arising in their respective area of responsibility;
Ensuring that SHW is integrated into every activity and is a component of all decisions
Ensuring that SHW is a considered in all decisions.
3. 8 Heads of School/Function
The Head of School/Function, through the School Executive, shall ensure compliance with statutory legislation and the requirements of the University Safety Statement. They will ensure that School/Function Safety Arrangements are agreed and monitored and that risk assessments are conducted and implemented.
3. 9 Safety, Health and Welfare Senior Manager
The University Safety, Health and Welfare Senior Manager is the senior advisor to the University on matters relating to safety, health and welfare. In addition, they keep the Head of Governance and Compliance appraised of issues and advises on best practice for compliance and governance of safety in the University.
3.10 Head of Human Resources
The Head of Human Resources ensures that all staff employed are advised of their health and safety responsibilities. In addition, the Head of Human Resources will inform the Safety, Health and Welfare Senior Manager of any occupational illness trends, which may arise in particular areas/activities of the university. Pre – employment medicals are organised for all staff.
3.11 Head of People Development
The Head of People Development oversees the health and safety training programme for all employees. Quarterly reports (planned work programmes and updated records) are presented to the University SHW Steering Committee.
3.12 Academic Staff
Academic staff will ensure that students, research assistants and postdoctoral researchers under their immediate supervision/line management adhere to the University's safety, health and welfare requirements. This includes staff who supervise research projects and programmes. The success of the University Safety Statement and the effective management of safety requires the support of all academic staff.
The establishment and maintenance of a healthy and safe environment is dependent not only on management’s commitment to its responsibilities but also on the commitment of each academic staff member, who is responsible for the following safe methods of work.
Each staff member will, based on the risk assessment for their activity:
a) Ensure that students and researchers operating and adjusting machines and equipment under their control receive correct instruction and wear/use the correct protective equipment and/or clothing.
b) In workshops, kitchens and laboratories, ensure that all dangerous moving machinery parts are adequately guarded to relevant legislation and standards. Specific training on the requirements of these standards is available to all lecturers.
c) Ensure that all students and researchers under their supervision receive adequate instructions appropriate for the tasks assigned and that risk assessments for their work has been carried out.
d) Provide effective supervision for students and researchers undergoing training.
e) Ensure that all materials and substances used in the area under their control are properly labelled and safely stored and/or are disposed of in accordance with the Safety Data Sheets.
f) Ensure that standard operating procedures for the safe execution of activities are available.
g) Ensure that all new biological agents, chemicals, radioactive materials, equipment, machinery, infrastructure etc. are fully assessed in conjunction with the Head of School/Head of Discipline/Research facility prior to purchase/use in the university.
3.13 Technical Staff
The success of the University Safety Statement and the effective management of safety, health and welfare at the University requires the support of all technical staff.
The establishment and maintenance of a healthy and safe environment is dependent not only on management’s commitment to its responsibilities but also on the commitment of each technical staff member, who is responsible for the following safe methods of work.
Each Technical Staff member will:
a) Report on unsafe conditions or practices to their manager.
b) In workshops, laboratories and kitchens, ensure that all physical risks and hazardous equipment and chemicals are adequately guarded to relevant Legislation and Standards.
c) Ensure that all materials used in the area under their control are managed following legislation with appropriate receipt, classification, store and disposal.
d) Ensure that all new biological agents, chemicals, radioactive materials, equipment, machinery are fully assessed in conjunction with their manager prior to purchase/use in the university.
e) Ensure that updated Safety Data Sheets are available for all materials, radioactive materials, biological agents and their preparations.
f) Safe disposal of all waste, in particular hazardous waste, including chemical and biological agents
g) Ensure correct wearing of appropriate PPE at all times
3.14 Campus and Estates Office or Management Company (where relevant)
The Campus and Estates Office or where relevant, the Management Company will:
a) Design, provide and maintain (i) safe workplaces (ii) safe means of access to and egress from the workplace (including those with disabilities) and (iii) safe estate’s plant and machinery under their remit. This means that the Estates Office are responsible for the maintenance and direct management of the common areas (including canteen and informal learning spaces) and the physical structure of all buildings and grounds. They are also responsible for the provision of fire prevention, detection and firefighting measures (including the maintenance of a Fire Register for each building in line with relevant legislation);
b) Provide security, portering services and waste disposal;
c) Provide and maintain welfare facilities and include the provision of adequate cleaning services;
d) Designate competent persons to assist with the preparation of a risk assessment that take account of the general principles of prevention when implementing necessary SHW measures;
e) Ensure adequate risk assessments are carried out for each structural component of the building (place of work);
f) Prepare, and, where necessary, revise adequate plans and procedures to be followed and measures to be taken in the case of an emergency or the presence of serious or imminent dangers;
g) Complete checks on Automated External Defibrillators (AEDs) and first-aid supplies at the front desk;
h) Implement the measures proposed in the Personal Emergency Egress Plans;
i) Ensure the safe installation and maintenance of all building services (e.g. gas, electricity etc.); and
j) Ensure contractor safety management.
The Head of Campus and Estates should be consulted on and actively engaged in University safety, health and welfare management including the safety, health and welfare requirements of Schools and Services.
3.15 Safety, Health and Welfare Office
The Safety, Health and Welfare Office will:
a) Provide health and safety advice and support to the President, University Executive Team, Faculty Deans, Vice Presidents, Schools/Functions, Safety working groups, committees, steering groups, teams, employees and others where relevant;
b) Facilitate and support the risk assessment process for Schools/Functions;
c) Advise on the implementation of a safety management system;
d) Record reported accidents and dangerous occurrences and investigate where necessary;
e) Report accidents and dangerous occurrences to the Health and Safety Authority (HSA) as may be required in Regulations under the Act;
f) Organise for health surveillance where required;
g) Update and revise the University Safety Statement;
h) Submit statutory reports to the Health and Safety Authority and any other relevant bodies;
i) Monitor the completion of safety audits and inspections;
j) Obtain where necessary, the services of a competent person to assist in ensuring the safety, health and welfare of employees.
3.16 Duties of Employees under the 2005 Act
Every individual has a personal responsibility to work safely and cooperate with the President and Governing Body of the University in ensuring a safe place of work.
This is a legal requirement (see below), and a healthy and safe workplace is only achievable through the involvement and co-operation of all members of staff.
Section 13 of the Act sets out the general duties of employees, as follows:
13(1) An employee shall, while at work:
a) Comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect their safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee’s acts or omissions at work;
b) Ensure that they are not under the influence of an intoxicant to the extent that they are in such a state as to endanger their own safety, health or welfare at work or that of any other person;
c) If reasonably required by their employer, to submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed;
d) Cooperate with their employer or any other person so far as is necessary to enable their employer or the other person to comply with the relevant statutory provision, as appropriate;
e) Not engage in improper conduct or other behaviour that is likely to endanger their own safety, health and welfare at work or that of any other person;
f) Attend such training and, as appropriate, undergo such assessment as may reasonably be required by their employer or as may be prescribed relating to safety, health and welfare at work or relating to the work carried out by the employee;
g) Having regard to their training and the instructions given by their employer, make correct use of any article or substance provided for use by the employee at work or for the protection of their safety, health and welfare to work, including protective clothing or equipment;
h) Report to their employer or to any other appropriate person, as soon as practicable –
any work being carried on, or likely to be carried on, in a manner which may endanger the safety, health and welfare at work of the employee or that of any other person,
any defect in the place of work, the system of work, any article or substance which might endanger the safety, health or welfare at work of the employee or that of any other person, or
any contravention of the relevant statutory provisions which may endanger the safety, health and welfare at work of the employee or that of any other person, of which they are aware.
(2) An employee shall not, on entering into a contract of employment, misrepresent
himself or herself to an employer with regard to the level of training as may be
prescribed under subsection (1)(f)
a) Not intentionally or recklessly interfere with, misuse or damage anything provided under safety and health legislation, or provided to protect the safety, health and welfare of persons at work, or to place at risk the safety, health or welfare of persons in connection with work activities without reasonable cause; and
b) Contact the Safety, Health and Welfare Office if a disability or medical condition could affect safety at work.
3.17 Responsibilities of Others
3.17.1 Responsibilities of Contractors/Service Providers (including PPP service providers)
• Comply with the University Safety Statement, and all relevant policies and procedures;
• Comply with statutory obligations in respect of duties of contractors/service providers;
• Complete the necessary safety documentation such as a safety statement, risk assessments, method statements and anything else to the Estates Office as required;
• Carry out works in accordance with statutory legislation, considering the safety of others on site;
• Ensure that all plant and equipment used is safe and in good working order. Any plant or equipment requiring certification as required by law, must have necessary certification readily available for checking;
• Understand and accept the relevant safety procedures on the premises or project site;
• Complete the required training for contractors/service providers;
• Liaise with the Campus and Estates Office to obtain relevant work permits;
• Comply with any safety instructions given by TU Dublin employees;
• Inform TU Dublin of any material or substance brought onto the site which has health, fire or explosive risks. Ensure these materials are used and stored appropriately; and
• Report any injury, accident or dangerous occurrence to the Campus and Estates Office immediately.
3.17.2 Responsibilities of Franchise Holders, Campus Companies, Others with Shared Occupancy
TU Dublin has several franchise agreements with contractors for the provision of services such as catering, banking, vending machines and others. Areas are also leased to start-up campus companies and may be shared with external organisations. Within campus companies, the Board of each company has ultimate responsibility to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees and other affected by their acts/omissions.
Day to day responsibility for health and safety matters rests with the Manager of each Franchise/company/external organisation.
The following responsibilities rest with all franchise holders contracted to carry out work/provide services on the campus, and to companies/others occupying and sharing our buildings/campus grounds:
• Produce evidence of their Safety Statement with risk assessments specific to their on-campus activities;
• Carry out work in accordance with relevant statutory provisions, considering the safety of others on site;
• Produce a statement to acknowledge that they agree to comply with our emergency and evacuation procedures where appropriate (shared buildings etc.) and a statement to ensure that they will not endanger campus users by their acts/omissions;
• Produce evidence of compliance with insurance requirements to the Head of Governance and Compliance;
• Provide safe plant and equipment in good working order. Any plant or equipment requiring certification as required by law, must have required certification readily available for checking;
• Provide employees with adequate health and safety training, consultation, information and supervision to work safely;
• Report any injury, accident, dangerous occurrence to the relevant Campus and Estates Office immediately; and
• All external organisations that lease space are required under their lease and associated letter of offer to comply with health and safety legislation as it affects their activities and are reminded of their responsibilities in this regard.
3.17.3 Responsibilities of Students, Visitors and Campus users
• Follow all safety policies and procedures;
• Do not enter any unauthorised area;
• Do not interfere with or use any property, equipment, materials or substances unless permission is sought and given by the relevant employee;
• Follow the evacuation procedure and instructions from those in charge, leave the building immediately and go straight to the Assembly point;
• Familiarise themselves with the relevant University safety arrangements
• Take reasonable care of their own safety and the safety of others;
• Co-operate on all matters relating to safety, health and welfare;
• Ensure that equipment is operated in a safe manner and maintain good housekeeping standards;
• Report any accident, dangerous occurrence, defective equipment or potential safety hazard to an employee; and
• Participate in any health and safety training required.