Near-miss incident management in the chemical process industry

Evaluation of legal liability for technological risks in view of requirements for peaceful coexistence and progress

Legal liability for risk-generating technological activities is evaluated in view of requirements that are necessary for peaceful human coexistence and progress in order to show possibilities for improvement. The requirements imply, given that political decision making about the activities proceeds on the basis of majority rule, that legal liability should be unconditional (absolute, strict) and unlimited (full). We analyze actual liability in international law for various risk-generating technological activities, to conclude that nowhere is the standard of unconditional and unlimited liability fully met. Apart from that there are enormous differences. Although significant international liability legislation is in place for some risk-generating technological activities, legislation is virtually absent for others. We discuss fundamental possibilities and limitations of liability and private insurance to secure credible and ethically sound risk assessment and risk management practices. The limitations stem from problems of establishing a causal link between an activity and a harm; compensating irreparable harm; financial warranty; moral hazard in insurance and in organizations; and discounting future damage to present value. As our requirements call for prior agreement among all who are subjected to the risks of an activity about the settlement of these difficult problems, precautionary ex ante regulation of risk-generating activities may be a more attractive option, either combined with liability stipulations or not. However, if ex ante regulation is not based on the consent of all subjected to the risks, it remains that the basis of liability in the law should be unconditional and unlimited liability.

Near-miss reporting system as an occupational injury preventive intervention in manufacturing

BACKGROUND

a database of near-misses (NM), minor injuries, and OSHA recordable injuries was established at a mid-size electrical manufacturing plant as part of injury prevention efforts. The utility of a NM reporting system was evaluated by estimating its impact on the annual incidence of minor and OSHA recordable injuries.

METHODS

logistic regression was performed to examine the effects of predictor variables (year, age, duration of employment) on the type of event (NM, minor, OSHA recordable). Poisson regression was fit to model the annual rate of OSHA recordable injuries as a function of time.

RESULTS

1690 events were reported between 1999 and 2006 including 261 NM, 1205 minor, and 205 OSHA recordable injuries. The expected rate of OSHA recordable injuries decreased by 0.84 (95% CI: 0.73-0.97) annually.

CONCLUSIONS

the implementation of a NM reporting system was associated with decrease in the rate of OSHA recordable injuries. NM reporting systems may be valuable injury interventions in manufacturing.

Is the principle of a stable Heinrich ratio a myth? A multimethod analysis

BACKGROUND

Safety improvements are sometimes based on the premise that introducing measures to combat minor or no-harm incidents proportionately reduces the incidence of major incidents involving harm. This is in line with the principle of the Heinrich ratio, which asserts that there is a relatively fixed ratio between the incidence of no-harm incidents, minor incidents and major incidents. This principle has been advocated as a means of targeting and evaluating new safety initiatives.

RESEARCH METHODOLOGY

Both thought experimentation and analysis of empirical data were used to examine the plausibility of this principle. A descriptive statistical analysis was carried out using triangle plots to display the relative frequencies of the occurrence of safety incidents classified as minor, moderate or severe.

FINDINGS

Thought experiments indicated that the principle of a fixed Heinrich ratio has a dubious logical foundation. Analysis of emergency department attendance and studies of medication errors demonstrated marked variation in the relative ratios of different outcomes. Triangle plots of UK road traffic accident data revealed a hitherto unrecognized systematic pattern of change that contradicts the principle of the Heinrich ratio.

INTERPRETATION

This study of the principle of a fixed Heinrich ratio invalidates it: introducing measures to reduce the incidence of minor incidents will not inevitably reduce the incidence of major incidents pro rata. Any safety policies based on the assumption that the Heinrich ratio is true need to be rethought.