There is sound, commercial logic in implementing good health and safety provisions
Although the moral case for the need to make site safety the main priority of building operations is well proven, statistics continue to demonstrate that site accidents are a problem that refuses to go away, with annual site deaths, including both workers and members of the public, hovering around the 100 mark and rising. This article adds a further weapon in the fight for improved site safety by concentrating on the purely pragmatic consequences (ie, financial implications) of inadequate site safety, and aims to demonstrate that there is sound, commercial logic in implementing good health and safety provisions.

The cost of accidents
The Health and Safety Executive defines an accident as "any event where there is a risk of harm, and which damages property, equipment or materials, or delays production". The extension of the definition to instances where there is no harm (although the potential for it is present) but which result in other forms of disruption has important implications on the assessment of the cost of accidents.

Accident costs can be classified as either:

  • Direct costs: sick pay; personal injury claims; public liability claims; employees' compensation costs; overtime payments; repair of damage to buildings, plant & equipment; replacement of products; management times in connection with the investigation of, and report on, the accident, and in dealing with outside bodies (insurers, health and safety inspectors, etc), or
  • Indirect costs: lost time of injured employee(s), first aid attendant and other staff who may have stopped work as a result of the accident; lost time due to damage to machinery, tools, property and materials; reduced efficiency and production; continued wages to injured employee(s); loss of profit due to idle plant and machinery; costs incurred due to subsequent injuries partially caused by the accident; cost of overheads (utilities, heat, rent, etc) during non-productive time following an accident; increased insurance premiums; fines (either statutory, for examples convictions following HSE prosecutions, or contractual, for example liquidated damages); legal costs (it should be noted that in the case of successful prosecutions, the defendant may be liable for legal costs in respect of the preparation of the prosecution case).

    Both these categories are quantifiable in terms of cost, but there is a third, more intangible category for which it is difficult to assess actual costs, and which includes: damage to corporate image; loss of business; adverse effects on employees' morale, etc.

    Some of these costs can be recovered by insurance (through, for example, public and third-party liability policies, contractor's all risks policies, vehicle and building protection policies, etc.) although in many instances some or all of the cost will fall under the policies' excess. The remainder of the costs will not normally be covered by insurance, notably: losses due to damage to plant, equipment, materials and products; sick-pay; overtime working and temporary labour; programme delays; investigation times; fines.

    HSE research has demonstrated that uninsured losses exceed those covered by insurance, and that these losses amount on average to 10 times the insurance premiums paid for the same period. This is sometimes referred to as the "cost iceberg", with the majority of the losses uninsured and hidden below the water line.

    Further HSE research has shown that for every accident involving an injury resulting in three or more lost workdays there are some 50 minor injury accidents requiring first-aid only, and 3,500 accidents not involving injuries (this is referred to as the "accident triangle"). This ratio between injury and non-injury accidents is noticeably higher in the building industry, and would suggest that construction would benefit particularly from savings arising from increased safety measures.

    In 1993, the HSE conducted a detailed analysis over a period of 18 weeks of a construction project with a total cost of £8m, a programme of 13 months and involving some 120 workers. During the study period there were no fatalities or major injuries, 56 minor injury accidents and 3,570 non-injury accidents, estimated to have cost the construction company around £250,000. When this loss was extrapolated for the whole building programme, it was calculated that the losses would amount to a staggering 8.5% of the total tender price. Almost one quarter of the accidents that took place were deemed to have resulted from inadequate planning.

    The obvious conclusion is that if these calculations were extended to the whole of the construction industry, the calculated loss would amount to billions of pounds. In fact, the problem may be even worse than this, as the study contractor was a wholly owned subsidiary of a large international contractor, and there is evidence considered by the committee that prepared the Construction (Design and Management) Regulations that points out to safety in large sites being substantially better than at medium or small sites.

    the industry should not adopt a fatalistic approach to accidents, assuming they are inevitable due to the specific problems of construction

    Management of safety
    In 1988 the HSE prepared a report on the incidence of accidents in construction sites titled "Blackspot Construction". One of the points made in the report is that the industry should not adopt a fatalistic approach to the occurrence of accidents by assuming that they are inevitable due to the very specific problems affecting construction (temporary site work, transient work workforce, tight programming and profit margins, intrinsically dangerous operations, etc). It concluded that: " Construction work needs to be organised in a way that it does not continue to unnecessarily claim the lives of so many, including fit and experienced workers".

    The health and safety legislative framework (either general legislation like the Health & Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999; construction-specific legislation like the Construction (Design and Management) Regulations 1996 and the Construction (Health, Safety and Welfare) Regulations 1996 and all other regulations on specific tasks or products, like Manual Handling Regulations 1992, Control of Substances Hazardous to Health Regulations 1999, etc) is not prescriptive in as much as it sets out objectives and duties reinstating common law duties of "reasonable care", without dictating how these should be achieved or met. Therefore, it is up to individual contractors to set up, maintain and update health and safety management systems. Under Section 40 of HASAWA74 the normal burden of proof is reversed, and it is up to companies to demonstrate that adequate management systems have been adopted.

    One of the peculiarities of the construction industry it that its management systems must be operated at two levels: one corporate (sometimes referred to as the "parent system"), by means of health and safety policy philosophies and strategies, the other specific to individual projects by means of health and safety Plans.

    The HSE defines five steps to manage health and safety systems adequately:

  • The formulation of policy: policies are the foundations on which a company's safety culture is built, and thus affect fundamentally all the functions and tasks that are performed. They are also important visible benchmarks in meeting the current legislative requirements.

  • The setting out of a suitable organisational framework: one of the most important principles of good health and safety management is that all participants must have a well-defined role, and must be adequately trained and informed as to what it is required of them. This will involve individuals with suitable experience and training being given specific responsibility for safety matters, that staff are consulted, advised and trained and that, when necessary, external specialist advice is sought.

  • Planning and implementation: health and safety planning should make adequate provisions for: identification of hazards, assessment of risks and their management so that they are either eliminated or controlled; complying with relevant legislation; setting out measurable, achievable and realistic targets, against which actual performance can be measured; setting purchasing and supply policies which take due account of health and safety; designing safe systems of work for all potentially hazardous operations, and procedures to deal with serious or imminent danger; ensuring co-operation with sub-contractors and all other affected parties.

  • Establishing procedures for the monitoring of performance: monitoring can be "active", which takes places before accidents happen and which seeks to ensure that the standards set are met and that the management procedures are operating correctly. Or, "reactive" after an accident has occurred. This should investigate all accidents and near-misses to ascertain the cause.

    The HSE calculated that losses due to accidents amounted to 8.5% of the tender

  • Establishing procedures to review performance: health and safety management is not a static process, and standards and procedures should be under constant review so that, at best, near misses do not become future accidents and, at most, that accidents do not re-occur.

    The process of monitoring should also be complemented by auditing, either internally or by specialist consultants, to ascertain whether policies, systems and organisation are achieving the desired results.

    It is not always easy to isolate the cost of the application of safety management systems, but they can be broadly categorised as follows:

  • Costs associated in the preparation, review, audit and modification of the parent management system, and also general training on its content and standards. Additionally, changes in general practice and equipment used resulting from modifications to the system may necessitate re-training of both management and workforce.

    Management costs associated with the preparation of the project-specific health and safety plan, including preparation of risk assessments, method statements, etc. Similarly, costs associated with the preparation of the Health and Safety File must be included.

  • Project-specific costs, including: supervision; management time in respect of co-ordination associated with the role as principal contractor; training and induction; monitoring, inspection and auditing; provision of personal protective equipment; provision of additional barriers, scaffolding, guardrails, etc; accident/incident reporting; traffic management measures; additional manpower (for example, provision of a banksman to direct reversing vehicles), etc.

    Ideally, costs relating to health and safety should be identified explicitly on tender documentation to avoid potential conflicts resulting from varying expectations by clients and contractors. Also, importantly, to level the playing field in tendering procedures by ensuring that adequate resources have been allocated.

    Commentary
    Research has demonstrated that even though time spent by site management on health and safety roles can be almost 40% of total management time, the cost of accidents far outweigh the costs of implementing adequate safety management systems. In 1994, the Health and Safety Commission estimated that the implementation of the CDM Regulations would result in a reduction of between 20%-33% in the total number of accidents, representing an annual saving of £220m which, presumably, excluded the intangible benefits derived for higher employee morale, improved public perception, etc. Although the fall in the number of accidents has not been as dramatic as predicted, the commercial logic of implementing strict health and safety remains valid, and should prove a further argument towards the adoption of a culture of zero-tolerance to accidents.