1. EL CONSTITUCIONALISMO PRINCIPIALISTA
1.1. Ronald Dworkin: el constitucionalismo y la actitud filosófica del juez
The relevant manager is required to monitor the effectiveness of risk treatments and has the responsibility to identify new risks as they arise and treat them accordingly. Managers are also required to report on the progress of risk treatments at regular intervals. The person who has the responsibility for a risk treatment is expected to provide feedback on the progress of the 'project / initiative' as detailed in the 'monitoring' field of the treatment.
3.16 CHASE Audit and Evaluation System.
Monitoring, which includes active monitoring by line managers and independent auditing, is now widely accepted as an essential tool in the management of health and safety, environmental issues and other areas of loss, such as quality and security. CHASE began in the 1980s as a set of audit manuals followed by MS-DOS computer versions and is now available in the popular Windows format with the option of using a hand-held device for collecting the data..
Originally designed for health and safety, the CHASE (Complete Health And Safety Evaluation) system is designed around good management practices. In the UK, such a system is described in Successful Health and Safety Management (HSG65) from the HSE and BS 8800 from BSI, or the OHSAS 18001 standard.
In terms of BS 8800, CHASE fits into both the Measuring and Auditing aspects of the model, which is shown below, while in OHSAS 18001, CHASE fits in to Checking and Corrective Action.
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3.16 CHASE Audit and Evaluation System.
Key Features:
• Originally designed for health and safety, CHASE is used for any type of loss control - Environmental, Quality, Food Hygiene, etc.
• CHASE is designed to be flexible so you use it to monitor your performance against your standards - edit or create your own questions to make it specific to your organisation.
• Create and follow up recommendations and actions plans.
• Monitor performance over time.
• Built-in evaluation and audit scheduling.
• CHASE enables managers to extract useful information from audit and monitoring data.
• Line managers can perform their own self-assessments, backed up with external verification by independent auditors.
• CHASE is easy to use and cost-effective.
Question 6.
Which of the following are the benefits of a formal Health and Safety Management system?
There may be more than 1 correct answer!
Question 7.
Time spent on improving an organisation's health and safety could provide a financial return in terms of:
3.17 Summary of Key Elements of OHS Management Systems.
Common features include:
• Policy.
This is the same for OHSAS, ILO-OSH, HSG65 and BS8800.
• Organising.
This is the same for HSG65, BS8800 and ILO-OSH. For OHSAS, this is part of the "Implementation and Operation" step.
• Planning and Implementing.
This is the same for HSG65, BS8800 and ILO-OSH. For OHSAS, Planning is broken out as a separate step (after Policy) but Implementing is covered under "Implementation and Operation".
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3.17 Summary of Key Elements of OHS Management Systems.
• Performance Review.
HSG65 and BS8800 cover this under "Measuring Performance" and "Reviewing Performance" or
"Initial/Periodic Status Review". ILO-OSH covers this under "Evaluation". OHSAS covers this under
"Checking and Corrective Action" and "Management Review".
• Audit.
This is part of HSG65, BS8800, ILO-OSH and OHSAS and is usually discussed in the section on reviewing/evaluating performance of the system as a whole.
• Continuous Improvement.
Discussed in HSG65 and BS8800 as a feedback loop resulting from reviewing performance - corrective actions being fed back up the system to improve the system as a whole in an iterative process. The implication, therefore, is that improvement is continuous. ILO-OSH mentions this as a separate point, but again it naturally falls out of the management review as part of the "Evaluation"
step and the "Action for Improvement" step. OHSAS does not identify this as a separate point (other than in their system flow diagram), but the practical arrangements for continual improvement (e.g.
corrective actions, etc.) are discussed throughout the OHSAS document. Through Monitor and Review, the AS/NZS 4360 Risk Management Standard has a continuous improvement step and also it also makes sure that you take account of changes of circumstances to keep your systems up to date.
3.18 Benefits & Limitations of Integration of Management Systems.
Many organisations have adopted the use of internationally recognized management System standards such as ISO 9001, ISO 14001, OHSAS 18001 and others. These systems have in most cases been established and implemented as stand -alone programs. However organisations soon find that they have two, three, or more management systems to maintain, with each one being allocated separate
management, administrative and operational resources. Organizations that have more than one formal management system have found that they can benefit significantly by merging all their systems into one 'business management' system, where the quality (QMS), environmental (EMS), occupational health &
safety (OH&SMS), and any sector specific management systems are fully harmonized, and work seamlessly in conjunction with the business planning, HR, finance, procurement, administration, operations, audit, management review and other systems.
Benefits.
The benefits of integration include:
Simplified systems, optimized resources and a common framework for continual improvement. There are similarities between the quality, environmental and OHS programs. And although they have different target audiences, their structure and approaches to regulatory compliance and similar.
Employees working for an organisation with an integrated management system can perform their jobs using one set of work instructions rather than multiple, sometimes conflicting documents from different management systems. A single training process for new employees minimises contradiction. Areas can be identified where there may be overlapping responsibilities or duplication of effort.
Reducing the amount of documentation and providing all relevant information in one place, results in happier employees who are not overwhelmed by multiple cross-references.
The following processes are common among quality, environmental and OHS systems and can likely be integrated into one process that meets business needs:
• Document control.
• Record control.
• Management review.
• Employee training.
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3.18 Benefits & Limitations of Integration of Management Systems.
• Design and development control.
• Operational controls.
• Measuring and monitoring device control.
• Equipment maintenance.
• Purchasing.
• Corrective action.
• Preventive action.
• Internal audits.
An established framework for continual improvement of quality, environmental and OHS systems.
Management not only establishes goals and objectives for quality, environmental and OHS systems, but it also reviews them at regular intervals to ensure progress is being made. Management also identifies opportunities for improvement. A formal corrective and preventive action system identifies ways to improve the system and ensures all actions are verified as being effective before they are closed out.
Integrated Management System reviews can help ensure each element develops at the same rate. In contrast, independent systems could develop at different rates, leading to incompatibility.
Facilitating better decision making by providing a more complete view of the impact of the quality, environmental and occupational health & safety programs on business performance.
Improvement in organisational performance. A formal system that helps identify potential problems, risks or hazards can reduce or eliminate customer complaints, product nonconformities, accidents, illnesses or environmental incidents in the workplace. This can also reduce costs associated with environmental cleanups, workplace injuries, illnesses, fatalities and fines form regulatory compliance organisations.
Raising awareness of, and promoting the interaction and interrelation of Quality, Environmental, and Health
& Safety systems with the company's operational and business processes which eliminates the idea that quality, environment and safety are separate or nonessential parts of the business.
Bringing together expertise in each discipline to address specific issues. This would promote the exchange of fruitful initiatives (e.g. employee and supply chain surveys) and techniques (e.g. risk assessment and problem-solving methodologies) between the disciplines. Also, the specialists when working together are likely to arrive at optimum solutions that take fully into account the needs of each discipline.
Limitations.
There are also limitations to integration, these include the following:
The existing systems may simply work well. A process of integration could threaten the coherence and consistency of current arrangements that have the support of everyone involved. There can be a tendency to develop over documented, bureaucratic processes. This is true for single management systems and increases for systems intended to meet the requirements of multiple standards. Organizations tend to write lengthy, complex procedures and work instructions that gather dust because they are rarely used. This causes employees to grumble about "the bureaucratic management system that doesn't let us do our business."
Time factors.
The time during which you are planning and implementing an integrated system is a period of
organisational vulnerability. Existing procedures may lapse, or be found wanting, at the moment when key personnel are focusing attention on the development of new systems. Auditing all elements of an IMS at the same time requires an audit team competent in all aspects of the system and may be time-consuming and demanding for the auditee.
Rivalries of resource allocation may impair the collective operation of an integrated system.
If a quality management system already exists, environmental and OHS professionals often resist tacking their requirements onto the existing quality system. Likewise, quality professionals often resist
"contaminating" the system with requirements that do not relate to the quality of the product.
Limits on degree of integration. ISO 14001:1996 and OHSAS 18001:1999 are highly compatible
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3.18 Benefits & Limitations of Integration of Management Systems.
and can be readily integrated. However, some Occupational Health and Safety and Environmental Management System requirements do not easily integrate with existing quality systems. For example, aspect identification and significance determination, as well as legal and other requirements, do not readily fit with an existing quality management system, as health and safety and environmental management are underpinned by UK statute, while quality management system requirements are largely determined by customer specification.
International recognition. BS EN ISO environment and quality management standards are internationally recognised and certificatable, but the OHSAS 18001 Occupational health and safety management systems - specification, though certificatable, is not internationally recognised. This may distort the coherence of these systems.
3.19 Corporate Responsibility Standards.
Recent years have seen increasing demand for companies to operate in an environmentally and socially responsible manner - accompanied by a proliferation of voluntary standards, codes and principles aimed at guiding companies towards the objective of sustainable development. Business appreciates clear rules, but the plethora of standards can be confusing.
• So which are most appropriate?
• Which are most legitimate?
• And which are likely to have the greatest sustainability impact?
This unit does not give an exhaustive list or appraisal of standards, but rather highlights some of the key considerations that can help a company to identify the most appropriate for its needs.
Key considerations are likely to include, but not be limited to, the following questions:
• What business objectives need to be met by the standard?
• How tailored does the standard need to be?
• Specifically, does the standard need to focus on a particular country, sector or issue?
These considerations are discussed in more detail below and summarised in Table 1.
There are, in total, ten major global standards:
• AA1000.
• Business Principles for Countering Bribery.
• Global Compact.
• Global Reporting Initiative.
• ISO 14001.
• Millennium Development Goals (MDGs).
• OECD Guidelines for MNEs.
• OECD Principles on Corporate Governance.
• SA8000.
• UN Norms on the Responsibilities of TNCs and Other Business Enterprises with Regard to Human Rights.