Unit A Jan 05

Front 1

Outline the organisational and task design factors that might promote routine violations by employees.

Back 1

Org.factors = procedures unduly complicated; difficult to understand; lack of relevant supervision, enforcement and/or monitoring; high levels of noise/ poor aspects of environment (fumes, dusts); inadequate training; lack of consultation; lack of communication; inappropriate peer pressure; cultural norms - see other priorities as more important; negative incentive or reward schemes; work overload; lack of resources. Task design factors = environmental factors - lights, hot or cold condition; equipment -difficult to use/slow in response; instrumentation/warning systems - unreliable /; PPE - difficult or uncomfortable to wear/ineffective due to lack of maintenance; equipment - difficult to maintain; pressure on time available for maintenance

Front 2

With reference to relevant cases, explain the legal difficulties that have arisen in trying to secure convictions for corporate manslaughter and how the proposed new offence of corporate killing would overcome such difficulties.

Back 2

Individual acting at ‘controlling mind’ level within an organisation = identified; large organisations with diffuse management structures = difficult; collective management failings insufficient to meet specified legal criteria. P&O European Ferries (Dover) Ltd 1991 – Herald of Free Enterprise (6 March 1987). Corporate killing - identification of management arrangements falling far below those that should be reasonably expected and which resulted in death. R V Jackson Transport (Ossett) 1996

Front 3

State the objectives and outline the methodology of Failure Mode and Effects Analysis (FMEA), giving an example of a typical safety application.

Back 3

FMEA - systematic method - identify and prevent product, system and process problems before they occur. Focus - prevent problems, enhance safety, and increase customer satisfaction.
Identify system components; failure modes of each component; possible causes; identify effects of component failure on the whole system; assess probability of failure; identify existing means of failure detection; assign risk priority codes based on severity and probability; identify actions to reduce risk to a tolerable level; and documentation in tabular format (No, Component function, Failure mode, Failure cause, Failure effect sub/system, Preventive measures (NCfFmFcFePm)

Front 4

Outline the difficulties that organisations face in trying to ascertain the true costs of accidents and incidents. (a)

Back 4

extent &minimum level of incident to be costed - difficult to defining; problems of under-reporting or recording; scope of costs associated with an accident or incident - not fully understood; loss of productivity/goodwill - realistic cost? time and resources required to collect data; costs such as compensation - long time delay

Front 5

Explain briefly how compliance with the philosophy advocated in the Institute of Chartered Accountants’ guidance document on ‘Internal Control’ (The Turnbull Report) would support good safety management in an organisation. (b)

Back 5

Turnbull Report describes an approach to risk management that includes all business risks. Compliance with the principles in the report requires the preparation of clear policies which highlight management’s commitment; risk evaluation through a process of risk assessment; management processes that control risk to an acceptable level; effective monitoring arrangements; clear communication and reporting arrangements; a process of internal audit and annual review of risk controls at Board level and a statement to shareholders on outcomes.

Front 6

A secretary was injured by her chair when the adjustment mechanism, which used gas under pressure, exploded due to a manufacturing fault. With reference to case law where appropriate, provide notes to explain the civil and criminal law implications of this accident.

Back 6

Criminal aspect - HSW Act section 6 – that manufactures, designers, suppliers, importers and installers to ensure so far as reasonably practicable safe design, installation and testing of equipment, safe substances tested for risks, provision of information on safe use and conditions essential to health and safety and research to minimise risks. Civil aspect – Employer’s Liability (Defective Equipment) Act 1969 – Where an employees suffers personal injury from using an equipment supplied for his/her employer for the purpose of work; (b) the fault shall be assigned in part or wholly to third party, the injury shall be deemed negligence of the employer.

Front 7

An organisation has decided to introduce a permit-to-work system for maintenance and engineering work in an area used for the batch manufacture of chemicals operating continuously over three shifts.
Outline the key issues that will need to be addressed in introducing and maintaining an effective system in such circumstances.

Back 7

Clear definition of the jobs &areas where permits will be required; consideration of the operation of the system where contractors are involved; develop PTW procedure that defines how the system will operate; permit format and multi-copy documentation system should encompass issues such as job description, hazard identification, specification of risk control measures, time limits and authorising, receiving and cancellation signatures and the allocation of a unique reference number; arrangements for the return of permits and record keeping; arrangements for the display of multiple live permits; arrangements for communication between shifts; identify training needs for, and the delivery of training to, persons authorising or receiving permits and those working in areas where permits may be required; provision of supporting arrangements and equipment for safe working such as lock-off, isolation or gas testing facilities; and arrangements for routine monitoring and auditing the effectiveness of the system.

Front 8

A large warehousing and distribution facility uses contractors for many of its plant and property maintenance activities. The number of contractors’ employees on site at any one time is relatively small (around 5% of the total workforce) but an analysis of the accident statistics for the previous two years has shown that accidents to contractor personnel, or arising from work undertaken by contractors, account for 20% of the lost-time accidents on site.
(i) Suggest reasons for the disproportionate number of accidents involving contract work.

Back 8

Maintenance work might be more complex, higher risk, harder to control satisfactorily; unclear responsibilities for controlling third parties; lack of training and procedures for third party management; poor planning and risk assessment; poor co-ordination and communication between the parties involved or affected; Staff turnover; lack of contract worker competence; inadequate supervision; financial pressures;

Front 9

A large warehousing and distribution facility uses contractors for many of its plant and property maintenance activities. The number of contractors’ employees on site at any one time is relatively small (around 5% of the total workforce) but an analysis of the accident statistics for the previous two years has shown that accidents to contractor personnel, or arising from work undertaken by contractors, account for 20% of the lost-time accidents on site.Describe the key organisational and procedural measures that should be in place to control the risks from contract work.

Back 9

Provide adequate information to contractors on the nature of the work and known hazards; select competent contractor on the basis of evidence concerning skills and competence; safety management arrangements, resources and risk control proposals; the appointment of a client representative with contractor management responsibility; provide information on site rules and safety requirements; arrangements for induction briefing of all contract employees; arrangements for co-ordinating, providing and reviewing risk assessments and method statements; supervision and communication arrangements for all affected parties; monitoring (active and reactive) arrangements; procedures for completion, hand-over and review of safety performance.

Front 10

A small company formulating a range of chemical products operates from a site on which it employs about 50 staff. Although not falling within the scope of the Control of Major Accident Hazards Regulations 1999, the site poses a risk to employees, the neighbouring community and the environment. Following a visit from the Health and Safety Executive, the company has been asked to provide details of its procedures for dealing with a range of emergencies.
(i) Outline the types of emergency procedure that a site of this nature may need to put in place in order to deal with incidents affecting the safety of site personnel.

Back 10

Local chemical spillage/release procedures; fire evacuation; first-aid treatment; major incident procedures - sabotage, bomb threats and arson.

Front 11

A small company formulating a range of chemical products operates from a site on which it employs about 50 staff. Although not falling within the scope of the Control of Major Accident Hazards Regulations 1999, the site poses a risk to employees, the neighbouring community and the environment. Following a visit from the Health and Safety Executive, the company has been asked to provide details of its procedures for dealing with a range of emergencies. Describe the arrangements that should be in place in order to demonstrate an effective major incident procedure.

Back 11

Identification of roles and responsibilities of key individuals in the planning stage e.g. technical support, engineers, safety advisors, key managers; Consider the quantities involved e.g. flammables stored; Provision of information to local authorities; Possible causes of major incident e.g. fire in flammable tank farm; Estimating the likely extent of damage e.g. dispersion analysis of a gas release/explosion; Staff and equipment required to control the incident/minimise impact, call out arrangements; Setting up of an incident control team; Resources needed to deal with incident e.g. specialists; Raising the alarm both on site and off; Evacuation for both site and nearby residents/shelter arrangements; Training for staff in emergency plans arrangements; Action to minimize extent e.g. shutting of service; Search and rescue arrangements; Notification of emergency services and HSE; Control and management on site including roles and responsibilities for emergencies incident team; Provision of information for emergency service e.g. location of hazards and potential impact; Control of spillages/pollution, toxicity/flammability and possible adverse effects; Clean up/decontamination procedures; Dealing with the press; Consultation with emergency; services e.g. technical advice; Emergency plan testing arrangements; Establishing control centres; Site plans information; Business continuity

Front 12

In relation to Community law within the European Union: (i) distinguish between EC directives and EC regulations

Back 12

Regulations = Apply directly in member states; Go straight into member law; If conflict with National law European prevails. Directives = Can be applied to all members or individual members; Lay down objectives what achievement is required; Directives have to be implemented by member states.

Front 13

In relation to Community law within the European Union: (ii) outline the process for making EC legal instruments concerning health and safety matters

Back 13

First Reading - proposal from the Commission to Council & Parliament. Council adopts the Common Position by qualified majority vote and communicates the Common Position to Parliament; Second Reading - Parliament approves the Common Position or takes no position. Parliament indicates its intention to reject the Common Position by an absolute majority vote. If Council does not approve all the amendments, proceedings reach a Third Reading; Third Reading - if either Parliament or Council rejects the joint text the measure is not adopted; if both accept the joint text the measure is adopted.

Front 14

In relation to Community law within the European Union:(iii) describe the key functions of the European Court of Justice.

Back 14

Hear complaints that a member state has not fulfilled its obligations under the Treaties; determine whether the Commission and Council of the EU have acted legally; resolve disputes between member states about the subject of the Treaties; hear cases referred by the national courts of member states in matters relating to interpretation and application of community law; award damages for unlawful acts committed by community institutions; hear actions between member states and community

Front 15

The following table shows the numbers of lost-time accidents to employees for two hospitals situated in the same locality. Hospital A is a long-established NHS general hospital employing 2,500 staff, whereas Hospital B, which opened in 1998, is a private hospital employing 300 staff. (ref data). (i) Assuming that the numbers of employees have remained constant over the period, calculate the annual lost-time accident incidence rates for the two hospitals and draw general conclusions from the results.

Back 15

No of Accidents during the period divided by Average of Employees during the period multiplied by 1000

Front 16

The following table shows the numbers of lost-time accidents to employees for two hospitals situated in the same locality. Hospital A is a long-established NHS general hospital employing 2,500 staff, whereas Hospital B, which opened in 1998, is a private hospital employing 300 staff. (ii) Identify possible limitations with the data that might make direct comparisons on safety performance unreliable.

Back 16

Limitations of reactive data = different definitions of a lost-time accident or that reporting rates; propensity to take time off following an accident, may vary between the hospitals for socio-economic or cultural reasons. Use of contractor may differ; no account appears to have been taken of overtime or part-time employees – ie the figures relate to actual numbers of employees and not to a full-time equivalence; no account is taken of injury severity in the data, which could be a key parameter in making a valid comparison; difference in accidents reporting procedure

Front 17

The following table shows the numbers of lost-time accidents to employees for two hospitals situated in the same locality. Hospital A is a long-established NHS general hospital employing 2,500 staff, whereas Hospital B, which opened in 1998, is a private hospital employing 300 staff. (iii) Suggest reasons for an actual difference in safety performance between the two hospitals.

Back 17

nature of hospital activities (presence/absence of an A&E department; problems = unplanned admissions, difficult or intoxicated patients, increased patient movement and handling); age of hospitals - newer hospital = better designed/more modern equipment, premises incorporated modern standards of safety/environmental control into their design; older hospital have larger, more complex workforce to manage and possibly being less able to compete for well-trained and experienced staff in the local marketplace; RS& safety management processes that may differ between the hospitals, with the newer hospital = develop systems from scratch; older hospital = historical or out-of-date practices and a larger, more complex workforce and range of risks.

Front 18

A manufacturing company is about to embark on a process of organisational change that is intended to reduce costs and increase productivity. As planned, the change will lead to a smaller workforce, a flatter management structure, enlarged responsibilities for the remaining staff, outsourcing of most maintenance tasks, increased use of automated processes and the need for some employees to be multi-skilled.
Review the elements of a strategy designed to ensure that the company maintains its current high standards of health and safety, and its positive health and safety culture, both during and after the change.

Back 18

Get organised = Have a strong policy; Make senior-level managers accountable; Stated willingness to amend plans where there is evidence that safety may be compromised; Have a clear change-management procedure; involvement of employees and their representatives in working groups dealing with the change to utilise experience and encourage ownership; regular communication of plans and progress to all employees; Review and challenge; Risk assessment = Identify the people involved; Identify all changes; Assess the risks; Consider human factors, competence and; workload; Test scenarios; Implementing and monitoring = Provide enough resources for training and implementation of the new arrangements; Monitor risks during change; Keep your plan under review, track actions; Monitor performance after change; Review your change policy