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106 Cards in this Set
- Front
- Back
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Outline the factors that may determine the level of supervision an employee should receive during their initial period within a company.
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OUTLINE so briefly explain what you mean also!
Previous experience of the work. Employees may have previous on the job experience which means they are used to the inherent risks. Age of the employee Younger employees are more likely to take risks on the job. Qualifications Employees may have received qualifications from training on the work and associated risks involved. Attitude Employees with better attitude are likely to concentrate harder on the job in hand and so be more aware of risks. Aptitude Employees with natural aptitude are more likely to be able to spot associated risks. The nature and complexity of the tasks More complex tasks require greater concentration which might detract awareness of risk. Special needs Employees with special needs may need more supervision as risk perception may be affected due to lack of cognitive ability. Medical Issues Employees with medical issues may have reduced risk perception due to sensory impairment. |
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Hierarchy of Control. ESEAP
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Elimination Employers can try to remove dangerous processes or substances from their workplace by process of elimination. Substitution Employers can try to substitute the process or substance for a less dangerous ones which get the job done with reduced risk to employees. Engineering Controls Employers can try to reduce risk to employees by implementing engineering controls, Such as Machine Guards, Remote user operation and Vacuum systems. Administration controls Employers can implement administration controls such as -permit to work systems, safe systems of work and workplace inspections to reduce risks to employees. PPE Personal protective equipment can be worn to protect employees from the dangerous effects of certain work processes. |
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Common administration controls
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Safe systems of work
Permit to work systems Safety inspections Reducing hazard exposure time to employees by job rotation. Prohibiting eating drinking and smoking in work areas |
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Prohibition signs
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Red circle red bar across and a pictogram of the prohibition.
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Warning signs
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Yellow triangle
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Mandatory sign
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Blue circle and pictogram
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Safe condition sign
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White pictogram on green background
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PPE limitations
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Poor selection, poor fit, incompatibility with other types of PPE, misuse or non use by employees
To be effective it must be worn Block senses perception Only protects wearer |
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Common engineering controls
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Installing guards
Remote operation of equipment Contaminate extraction by way of local exhaust ventilation systems Use of RCDs safety switches to reduce contact times should a fault occur Fitting anti vibration mounts |
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Describe the main sources of professional advice and information on health and safety matters that can be found internally within your company.
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Internet Encyclopaedia The near misses British standards Iso standards HSE leaflets Site safety committees Posters Toolbox talks Safety performance discussions Memos and internal communications Union meetings |
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Describe the main sources of professional advice and information on health and safety matters that can be found externally outside your company.
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The legal profession
H&S Consultants External experts Scientists Professional bodies ACOPs |
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What is a safe system of work?
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A formal comprehensive way of carrying out a task, in either the form of a procedure or a practice which takes into account:
Persons involved Equipment involved Materials involved Environmental factors Tasks involved |
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What tasks require a safe system of work?
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Only for high risk tasks
Complex tasks Hazardous tasks Different employees Different functions High consequences in the event of failure |
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PEME _ Used to brainstorm factors to consider when implementing a safe system of work. What does it stand for?
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People_ Equipment_Materials_Environment
People Think about the people doing the job and those around who could be affected. Are people competent and experienced? Will people need to be trained, informed, knowledgeable and skilled? Should people be authorised? Should people be supervised and monitored? What about the human factor? Consider motivation perceptual set memory retention vigilance personality behaviour monotony Consider physical strength, existing health conditions and disabilities - hearing sight mobility mental Also consider age and gender Equipment Think about design and safety specification, ergonomically designed - physical mental psychological Has the equipment been checked risk assessed machinery? What about maintenance inspections, user checks manager checks, competent person checks, statutory checks i e lifting equipment, LEV systems are records kept what ppe is required? what access equipment is required? Consider the availability of instructions training for users and maintainers, conformity with relevant standards i.e ce mark, en bs iso standards, Guards or other protection devices. Consider isolation energy sources, stability, noise ,vibration, emitted, warning signs, etc Materials What about materials used for the job, weights, shapes, sizes, temperature hot or cold. chemical hazards carcinogenic etc). Sharpe edges. What about raw or waste materials, waste products and by products of the work. Environment What about the immediate environment around the work? Consider heating, lighting, ventilation, working space, noise, vibration, dust and fumes, slips and trips, falls from height, radiation, chemical and biological hazards, high risk and environment, access and egress. Also welfare amenity provision. |
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Development of safe systems of work steps to be taken.
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Risk assess the task
Gather information about the task Analyse information gathered and produce and document the system Consult with system users and change as needed Implement the system by way of training, record when and where it was issued Monitor the systems to make sure it is being operated correctly, act on positive and negative feedback. Keep the system under regular review to ensure continuing suitability. |
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Two forms of monitoring systems are?
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Active monitoring (before the event )involves identification through regular planned observations of workplace processes.
Reactive monitoring (after the event) involves learning from mistakes whether they result in injuries, illness property damage or near misses eg accident investigation. |
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Active monitoring
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Provides feedback on safety performance, it involves measuring compliance with H&S standards that have been set. measures success and reinforces positive behaviour patterns
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Active monitoring methods
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Safety Audits _ Thorough, systematic and critical examination of systems and procedures
Workplace inspections _ Physical inspection of the workplace or aspects of the workplace. |
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Reactive monitoring
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Used to measure failures in workplace precautions and risk control systems.
This provides opps for organisation s to check performance, learn from failures and improve their he management. |
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Reactive monitoring methods
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Looking at:
Injuries and work related Ill health Near misses Damage to property Hazards faults Complaints Weaknesses in compliance |
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Give reasons why a verbal instruction may not be clearly understood.
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Nature of the working environment eg noise levels
Use of too much technical jargon Ambiguity of message Sensory impairment Learning difficulties The inexperience of the recipient The fact that the instruction may be too complex or lengthy to be given verbally |
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What are the 5 steps to risk assessment?
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Step 1 Look for hazards
Step 2 Decide who might be harmed and how Step 3 Evaluate the risks and decide whether the existing precautions are adequate or whether more should be done Step 4 Record your findings Step 5 Review the assessment and revise it if necessary |
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What are the benefits of safety inspections?
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Allows feedback to management on health and safety performance.
It promotes the safety culture by ensuring that staff know that they are being monitored. Makes the workplace a safer environment. Flags up opportunities for improvement. Underlines to staff the management's commitment to safety. Identifies hazardous conditions. Ensures legal compliance Increases Moral. Tests current policy |
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What equipment do you need to take on a workplace inspection?
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Checklist
Camera Hi viz Jacket Relevant PPE Departmental representative/ Safety reps for the relevant department Monitoring equipment Copies of previous Inspections |
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What factors would determine how often a workplace holds inspections?
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The level of risks to to individuals in the working environment.
Previous health and safety performance data. Relevant legislation Introduction of new processes Level of competence of staff employed. Age of those employed in the workplace. Changes in the organisation. |
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What are the strengths and weaknesses of safety inspection checklists?
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Strengths
Helps you identify opportunities for improvements. Promotes a standardised approach. Allows comparison between audits. Helps you prepare. Helps you identify what to check. Weaknesses Promotes tick box mentality Too prescriptive Removes impetus for the auditor to look deeper into processes Allows individuals to absolve responsibility from themselves for areas which are not included on the list. After updating of procedures often documentation is not updated to reflect this. Untrained individuals may be tempted to use it. |
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What would be a good format for a written safety report?
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HISMC_WARC Header Introduction Executive Summary> Summary of all issues found and reasons for resolution. Main body> What observed>Actions required>Regulations breached> Cost of remedial action Conclusion> Good points > Major issues> Moral,Economic,Legal,Civil,Environmental>Importance of resolution |
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What are the main features of a safety audit?
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Audit looks at the entire system An audit is a lengthy process It can be carried out by external or internal persons An audit results in a lengthy report Audits are conducted less frequently Evidence gathering on management system performance. Enables you to draw up plans Ensures health and safety arrangements are in place Ensures legal compliance Procedural review and checks Interviews with process workers |
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What kind of documents might you examine on a safety audit?
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Risk assessments
Method statements Procedure documents and work instructions Training records Incident reports Accident book Previous internal audits Non conformance records Permits Health surveillance documentation. |
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What three areas do safety audits look at?
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The physical working environment (Physical checks)
The relating documented safety system (Documentation checks) The individuals working within the workplace (Interviews) |
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What are the advantages and disadvantages of doing an internal audit?
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Advantages
Shows management commitment to safety Internal auditors know the business processes and so can find fault more easily. Ensures any faults are found promptly keeping the systems up to date. Ensures UKAS ISO accredited certification is kept. Awareness of practicality of the industry. Less costly. More confidential. Disadvantages Often staff become complacent when they are used to the current workplace status quo. Internal auditors are taken less seriously by auditees. Internal auditors are susceptible to peer pressure. Reluctance to criticise management. May not know the industry |
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What should an investigation aim to do?
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Establish the immediate root causes
Identify weaknesses in current systems Determine economic loss Recommend actions to prevent recurrence |
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Define the meaning of the term young person used in health and safety legislation.
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Someone under the age of 18 years.
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Outline the factors to be taken into account when undertaking a risk assessment on young persons who are to be employed in the workplace.
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Inexperience
Lack of awareness of risk Physically or mental immaturity Special needs Risks from radiation extreme heayt or cold, noise vibration, Hazardous work should be considered, such as work at height, machinery, Disabilities or learning difficulties should be considered. |
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Outline the factors that may increase the risks to pregnant employees in the workplace.
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The work activities such as:
manual handling Long period of standing or sitting work involving exposure to chemical and biological agents Hyperbaric atmospheres ( eg Working in compressed air or diving operations) Ionising radiation Stressful work Work involving shocks Non ionising radiation |
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Outline factors which may increase the risks to persons who are required to work alone away from the workplace.
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Type of work they are engaged with.
Competence, training and suitability to the task in hand. Failure to provide correct equipment PPE Inadequate means of communication Lack of immediate supervision. Psychological factors such as the stress. Potential for violence and aggression. |
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Outline the factors that should be considered when developing a safe system of work.
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Explain PEME give detail after points!
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Identify two specific work activities for which permit to work might be needed.
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Cold work Hotwork
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Outline the key elements of a permit to work system.
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detailing:
Proper authorisation of designated work. the Ares of work or what is being worked on Equipment being used Nature of job Hazards involved in the job Limitations on the extent of the work Duration of the work Precautions People in direct control of the area in question |
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Give reasons why workplace emergency procedures should be practiced.
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The need to satisfy:
legal requirements Your safety policy Management system requirements To ensure the procedures work and are effective testing them drilling them etc To enable people with responsibility such as fire and to test them To ensure PEEPs work Identify weaknesses in the system To test equipment used in evacuation To prevent panic and school employees To demonstrate management commitment To allow for and test coordination with the emergency services. |
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In relation to a safe system of work outline the factors that might influence the choice of risk control measures.
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Consider the possibility of avoiding risk in the first place by considering the hierarchy of control and eliminating hazards substituting hazards, introducing engineering controls.
Outline more details than below! Consider the Levels of risk Consider what is practical Consider legal requirements Consider a permit to work system Consider PPE Consider training and the level of competence required |
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Give two reasons why an employer should implement safe systems of work.
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After risk assessment management have deemed the work to be High risk.
detail more |
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Outline Six sources of information that should be consulted when developing a safe system of work.
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Acops, Hse guidance, Regulations, Manufacturers literature, Risk Assessments, Industry best practice.
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Explain how safety inspections and accident data could be used to improve safety performance.
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Reactive monitoring such as collecting accident data will help identify:
Injuries and work related I'll health Data analysis Incidents Hazards faults Weaknesses in systems Allows benchmarking Active monitoring such as safety inspections provides improves safety performance by Data analysis legal compliance procedure compliance |
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An employee has been injured in a workplace accident at work. whilst operating a price of work equipment. Identify the documented information that might be used by the employer or their insurers to defend a civil claim.
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Doc could include:
Reference to the health and safety policy document relating to the accident the internal accident book RIDDOR report Investigation report pre/post accident risk assessment designated safe system of work |
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Outline the factors that should be considered when planning a health and safety inspection of the workplace.
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Outline the below more detail!
Positive attitude Why? Have adequate time Identify inspection areas to be checked Identify contact persons for the Ares Identify relevant argues Obtain checklist Review previous reports Get tools materials Identify and wear the correct PPE at all times it is required |
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Outline the stages of a work place accident investigation.
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Evidence gathering
Physical evidence Witness reports Documentary evidence Analyse evidence Identify immediate and root causes Recommendations Conclusion |
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Outline the factors to be taken into account to ensure an effective witness interview
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One to one
Make sure it is competed soon after the event Complete in private Build rapport Open ended questions Take notes and reassure the interviewee about the process |
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Define Health
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Health is the level of functional and or metabolic efficiency of a living being. In humans, it is the general condition of a person in mind, body and spirit, usually meaning to being free from illness, injury or pain.
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With reference to the Reporting of lnjury diseases and
Dangerous Occurrences Regulations 1995 (i) state the legal requirements for reporting a fatality resulting from an accident at work to the enforcing authority (ii) outline THREE further categories of work related injury (other than fatal injunes) that are reportable |
The requirement to notify 'a fatality' to the enforcing authority by the quickest practicable means and, to report the death formally within ten days by an approved means (eg on form F2508) Delayed deaths, up to one year after the original accident, have to be reported whether or not they have been previously reported under another category Other fatal Injury category are (over 7 day) injuries that result in the injured person being away from, and unable to do normal work, (or more than three days • (hospitalisation) injuries to -employees are taken to hospital for treatment • (non employee Injuries) and to injuries to non-employees iv/io are taken to hospital tor treatment DON'T MAKE THE MISTAKE IN PART (II) OF LISTING OTHER MAJOR INJURIES BURNS, FRACTURES, AMPUTATIONS ETC.... |
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(a) Explain what is meant by a reportable disease and give TWO
examples (b) Outline the legal requirement for reporting a reportable disease |
(a) A reportable disease Is a disease listed in the schedule of the RIDDOR Regulations that has been diagnosed by a Doctor and is linked with specified work activities also listed in RIDDOR Examples could be • certain poisonings (acrylamide monomer, arsenic or one of its compounds, benzene or a homologue of benzene, beryllium or one of its compounds, cadmium or one of its compounds), some skin diseases such as occupational dermatitis, skin cancer, chrome ulcer, oil follKUliUs/acne, • lung diseases including occupational asthma, farmer's lung, pneumoconiosis, asbestosis, mesothelioma, • Infections such as leptospirosis, hepatitis, tuberculosis, anthrax, legionellosis and tetanus, • other conditions such as occupational cancer, certain musculoskeletal disorders, decompression illness and hand-arm vibration syndrome (b) If a person at work suffers from any of the occupational diseases specified in Schedule 3 of the RIDDOR Regulations, which has a written diagnosis by a doctor (for example, a GPs statement on a medical certificate) and his work involves one of the work activities specified in RIDDOR The responsible person shall forthwith send a report to the relevant enforcing authority on a form approved for the purposes of the regulation, F2508A or using an approved means such as contact with the Incident Contact Centre. |
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An employee has been seriously Injured in an accident at work
(a) Outline the immediate actions that should be taken following the accident (b) Outline the reasons why the accident should be investigated by the employer (c) Identify FOUR parties, other than the employer, who may want to investigate the accident giving reasons In each case |
a) Immediately after an accident: Providing first-aid and medical treatment, • securing the scene of the accident • informing the next of kin and • Senior management and those in charge of the areas • Owner of assets b) The main reasons for Investigation by the Employer relate to the: • Identification of possible weaknesses In risk assessment processes and other aspects of safety management systems. to facilitating compliance with legal obligations (RIDDOR 1995 and social security legislation), • collecting evidence to defend a civil claim, • determining economic loss and • demonstrating management commitment to occupational health end safety, c) FOUR Parties who may wish to Investigate 1. HSE - Health and Safety Executive (or Local Authority Environmental Health Officer) • Reason - To investigate the accident to determine the causal factors to decide if the law has been broken and what (if any) enforcement action Is required and to prevent a reoccurrence for the social good 2. Insurance Company • Reason - to determine the loss potential of the accident, gathering information to defend a civil claim which may follow an accident end create a claim via the Employee or Public Liability Insurance Policy 3. The Police • Reason - to determine if any foul play" criminal activity was Involved, murder/manslaughter, assault, arson • 4. The Fire Authority • Reason - to determine the cause of a fire and consider if Fire law has been broken and if criminal sanctions are required • 5. The Environment Agency • to determine environmental damage and consider if Environmental law has been broken and if criminal sanctions are required |
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An employee slipped on a patch of oil on a warehouse Hoof end
was admitted to hospital where they remained for several days The oil was found close to a stack of pallets that had been left abandoned on the designated pedestrian walkway Outline the legal requirements for reporting the accident to the enforcing authority Identify the possible immediate and two root causes of the accident Outline ways in which management could demonstrate their commitment to improve health and safety standards in the workplace following the accident |
Refer to RIDDOR and outlining those requirements arising in connection with a defined major injury ( hospitalisation for more than twerty
four hours) such as the need for a responsible person to notify the enforcing authority or the incident call centre by the quickest practicable means (telephone, fax or email) with a written report to be submitted within ten days of the accident on the approved form (Form 2508) Answers are Immediate causes might have included (1) oil leaking onto the floor from equipment or (2) being spilled by an employee, the (3) floor remaining In a slippery condition because the spillage was not cleaned up. (4) the abandoned pallets blocking the walkway causing the injured person to make a detour, (5) Inadequate lighting at the scene of the accident and (6) the employee wearing unsuitable footwear and (7) not paying sufficient attention to where he was putting his feet Root causes would include. (1) absence of adequate risk assessments and (2) safe systems of work, a (3) failure to Introduce procedures for routine maintenance of equipment and for cleaning up spillages. (4) poor warehouse design with inadequate walkways. (5) little training or Instruction of employees on those procedures that might have been introduced and a (6) failure by management to monitor working conditions in the warehouse to ensure employees were not exposed to risks to their health and safety. Outlining ways in which management might demonstrate their commitment to improving standards of health and safety such as by: (1) giving health and safety the same priority as other business objectives. (2) reviewing all risk assessments and introducing changes in control measures where these were seen to be necessary, (3) developing a no blame culture and (4) encouraging employees to report accidents. Incidents and hazards (5) carrying out a prompt and thorough investigation of accidents (6) Implementing remedial measures and (7) communicating the findings of the investigation to the workforce. (8) consulting employees on health and safety Issues and involving them, where possible. proactive monitoring of working conditions |
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A driver of a fork-lift truck has been seriously injured after the
vehicle overturned (i) Outline the possible immediate causes of the accident in terms of BOTH the behaviour of the driver AND the conditions of the workplace and work equipment (ii) Describe the underlying factors that may have led to Vie unsafe acts or conditions identified in (I) |
Causes of accident in terms of behaviour and conditions and work equipment
l. Causes in terms driver behaviour • cornering too fast • driving on uneven ground or across slopes turning on slopes • moving with the load elevated, unstable or excessive. Causes In terms conditions of the workplace and work equipment include potholes • ineffective brakes, tyres that were under-inflated or in poor condition and mechanical failures. II. The underlying factors are: • a poor or complete lack of risk assessment, • poor selection of vehicle, • inadequate driver training, • a failure to develop safe systems of work, poor employee selection procedures a lack of supervision, poor maintenance procedures (for equipment and/or the workplace), failure to introduce a system for reporting defects, and a general lack of commitment to health and safety on the part of management |
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Outline the main features of
(i) a health and safety inspection of the workplace (ii) a health and safety audit |
(i) 'features'of a workplace inspection would mean 'things' about an inspection, or 'characteristics'or aspects
So outlining things like 1) A workplace inspection has a shorter timescale than an audit and looks at straightforward observations of the workplace, equipment and plant 2) It requires less detailed planning and can be carried out by supervisors and employees and safety reps 3) It generally results in a short report detailing the findings and required remedial actions to rectify 4) it can be carried out more frequently than audits and required much less effort. 5) Inspections can give an early warning of deterioration in standards, audits are carried out less frequently and it would be a while before you find out something is wrong 6) An inspection could assist the creation of a safety culture by motivating employees, i.e. by making simple improvements which improve moral So what they are asking is do you know anything about Safety Inspections? they often ask the same thing about Audits, which is finding out if you know the difference and do you know what each entails and does, hence the word 'features' |
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Identity the information that should be included in a report of a workplace inspection. explaining how the information should be provided in order to increase the likelihood action being
taken. |
• The report should be • (1) divided into sections with appropriate headings and should contain, preferably at the beginning, • (2) an executive summary of the key findings. • (3) introduction detailing the scope of the inspection, the sections which followed should • (4) highlight the significant risks that were found; contain an explanation of the • (5) possible breaches of legislation and their potential consequences; set out a draft plan for • (6) remedial action with a suggested timescale for completion and finally summarise concisely the • (7) conclusions and recommendations. • (8) Appendices might be added if they were thought to be relevant and helpful |
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Outline the factors which should be considered when planning a work place inspection
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Factors could be: 1)Have a positive attitude- this will assist the inspection by ensuring the inspector is thorough and will help avoid slips, lapses and mistake. A positive attitude will also come across to the workforce and act as a motivator. 2)Have adequate time available - this will be vital as a rushed inspection may miss important issues, reduce time for employee feedback and will give the impression to the workforce that safety is not being given due regard (de-motivation!) 3)Identify/locate the inspection area before hand - this will assist in ensuring no areas are missed and the persons responsible for those areas are available to discuss issues and guide. Identify and contact persons responsible for the area to check that it is safe to enter an area - this will assist in protecting the inspectors health and safety, persons responsible can also be on hand to assist. 4)Identify anyone that may need to be involved - this would be useful as Safety Representatives may wish to accompany the inspector through their area of representation and offer valuable employee feedback. 5) Obtain and use predetermined inspection checklist- this will help ensure nothing is missed, however there are strengths and weaknesses in using a checklist, things can be missed, that don't appear on the list. 6) Review any previous inspection reports - in order to familiarise oneself with what was found last time, these areas may well be the focus of the inspection, if all other areas are compliant. 7)Get tools, materials, sampling devices ready, calibrated- this will help in undertaking, on the spot checks, e.g. light meter readings in an office for comparison of lighting levels around a computer workstations. 8) Identify and wear the correct PPE at all times it is required - this will assist (as well as protecting the inspector!) in demonstrating leadership and will motivate employees to wear the correct. |
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An employee was seriously injured in on accident at work whilst
operating an item of work equipment Identify the documented information that might be used by the employer (or their insurer) to defend a civil claim |
Documented information could include:
1. reference to the health and safety policy; 2. documents relating to the accident, 3. the internal accident report book (Bl 510), 4. the report to the enforcing authority (F2508) and 5. the investigation report; reports or statements made by witnesses or the supervisor, 6. Pre and Post accident risk assessments 7. designated safe system of work for the activity. 8. reference to training records, 9. statutory inspection or maintenance records, 10. health and safety committee reports 11. documents relating to previous accidents in which the claimant might have been involved including their disciplinary records |
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Explain how the following may be used to improve safety
performance within an organisation (a) accident data; (b) safety inspections |
Reactive monitoring such as collecting accident data will help identify
• injuries and work-related III health, • Data can be analysed, graphed, plotted, queried to identify trends and patterns • other losses such as damage to property, • incidents, including those with the potential to cause injury, ill health or loss, • hazards and faults, and • weaknesses or omissions in performance standards and systems • Allows benchmarking and comparison with other parts of a company or national incident rates • Non compliances with health and safety law • Non compliances with company management systems, such as HSG65.18001 or BS8800 • Demonstrates care and commitment to the staff - shows leadership Active monitoring such as safety inspections provides improves safety performance by • Data can be analysed, graphed, plotted, queried to identify trends and patterns • Giving feedback on safety performance, the risk assessment controls, if policy and process and safe systems of work are being followed • Identifies legal compliance OR lack of it • It measures success and reinforces positive achievements to help build a safety culture. • It provides information for putting things right, changes in policy, procedure and work methods • it demonstrates that a company is purely 'reactive' and it clearly demonstrates care and commitment to the staff - shows leadership • Provides early warnings, better to identify a hazard before it becomes a risk • Keeps a check on the quality of the work environment and equipment |
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Outline factors that would determine the frequency in which a
health and safety inspection should be undertaken in the workplace |
Factors which would determine the frequency of health and safety Inspections In the workplace would
initially include: 1) Those required specifically by legislation such as the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and by ACOPs and HSE Guidance Notes. 2)activities undertaken at the workplace and their associated level of risk; 3)the make up of the workforce which could include more vulnerable members such as the 4)young and/or disabled where high standards of health and safety would have to be maintained; 5)the results from previous inspections and audits and the company's record of compliance with 6)established standards; 7)recommendations made following risk assessments; 8)accident history and the outcomes of accident investigations; 9)enforcement action taken or advice given by the enforcing authority; 10)the introduction of new equipment or processes, manufacturers recommendations and requirements from insurance companies. |
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Outline the strengths and weaknesses of using a checklist to complete a health and safety inspection of a workplace
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Strengths of using a checklist to complete a health and safety inspection of a workplace • enables prior preparation and planning to be made so that the inspection is structured and systematic. • reduces the chance that Important areas or issues might be missed. • provides an immediate record of findings, • ensures a consistent approach by those carrying out the inspection and • provides an easy method for comparison and audit Weaknesses of using such a system are that • over reliance on a checklist may lead to a blinkered approach by 'inspectors' with the possibility that significant risks might be missed, • that the checklist may not be reviewed and updated to account for changes to work processes or equipment, • that there is a danger that inspections become routine with no follow up' questions being asked. • that the system is too objective and restrictive with no scope for peripheral issues to be considered, • that untrained persons might be tempted to conduct inspections and that the procedure is subject to human error and/or abuse |
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A health and safety inspection has been carried out on one of a
company's workshops The inspection has found a number of unsafe conditions and practice's and some positive ones. (a) In addition to the date and time of the inspection state the other issues that should also be included in the report to enable management to make an informed decision on possible remedial action to be taken (b) Explain how the report should be structured and presented in order to make it more effective and to increase the likelihood of action being taken by management |
The items to include in the report on the inspection, are issues such as:
(1) details of the person carrying out the inspection; (2) the purpose and scope of the inspection including (3) the workshops and the activities that were covered; (4) matters requiring urgent action with justification for (5) the priority; actions taken at the time of the inspection such as stopping an activity or isolating plant or equipment; (6) details of potential breaches of health and safety legislation and the implications for possible enforcement action; a summary of previous accidents and enforcement at the premises; (7) details of realistic remedial actions and their cost together with the (8) benefits that might accrue such as improving the health and safety culture of the organisation. The report should be (1) divided into sections with appropriate headings and should contain, preferably at the beginning, (2) an executive summary of the key findings. After an (3) introduction detailing the scope of the inspection, the sections which followed should (4) highlight the significant risks that were found; contain an explanation of the (5) possible breaches of legislation and their potential consequences; set out a draft plan for (6) remedial action with a suggested timescale for completion and finally summarise concisely the (7) conclusions and recommendations. (8) Appendices might be added if they were thought to be relevant and helpful. |
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Outline the reasons that an organisation should monitor and
review Its health and safety performance |
To identify substandard health
and safety practices and conditions; to identify trends in relation to different types of incident, or incidents in general by analysis of relevant incident data; to compare actual performance with previously set targets; to "benchmark" the organisation's performance against that of similar organisations or an industry norm; to identify whether control measures are in use, to assess their effectiveness and to be able to make decisions on appropriate remedial measures for any deficiencies identified; to identify any new or changed risks; to assess compliance with legal requirements; to be able to provide a Board of Directors or safety committee with relevant information; to boost morale and motivate the workforce; and ultimately because monitoring and review is a vital component of any safety management system and is essential if the system is externally accredited by a specific body such as OHSAS 18001. |
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i) Give TWO reasons why an employer should implement safe systems of work
ii) Outline SIX sources of information that should be consulted when developing a safe system of work |
i) To secure compliance with relevant statutory requirements such as Section 2 of the
Health and Safety at Work etc Act; to comply with the common law duty of an employer to provide safe systems of work; as a control measure to reduce accidents, probably as a direct result of a risk assessment; and to communicate a standardised procedure to employees. ii) ACoPs and HSE guidance; information from manufacturers; European and other official standards and industry or trade literature; results of risk assessments and job safety analyses; accident statistics and health/medical surveillance records; the results of consultation with the employees involved; results of monitoring exercises; plans and drawings and company policy and standards. |
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And relation to safe systems of work outline the factors which might influence control measures
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Consider the possibility of avoiding risk in the first place by considering the
hierarchy of control and eliminating hazards, substituting hazards, introducing engineering controls. The levels of risk, considering frequency and severity of the outcomes. Considering the number of persons involved, category of persons and competency levels. Considering what is reasonably practicable (taking account of cost, time, trouble and physical difficulty of averting the risk). Considering legal requirements, Act, Regulations and Approved Codes of Practice (ACOP) and any relevant guidance such as HSE guidance/ British and ISO standards. Considering the use of a Permit to Work system to introduce formality and a 2- person check to reduce the potential of human error. Consider the personal protective equipment (PPE) that may be needed for the work, its suitability, issue, storage, "fit training", limitations and standards. Consider training and the level of competence required to do the work and how this will be communicated to those undertaking the work. Considering if the work requires supervision and how and who will carry out this role. |
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Give reasons why workplace emergency procedures should be practiced
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The need to satisfy legal requirements - Management of Health and Safety at Work
Regulations 1999. The need to satisfy Insurance requirements - Details of policy The need to satisfy Safety Policy requirements- As set out by the company The need to satisfy Management system requirements - ISO 18001 accreditations. To ensure the procedures work and are effective testing them drilling them etc. To enable people with responsibilities such as fire wardens to practice and test their duties. To enable employees and others who have to react to the emergency to become familiar with procedures, evacuation routes, what to do etc. To ensure arrangements for vulnerable people are working adequately i.e. Evacuation of those with disabilities or special needs in EVAC chairs or a buddy system. To identify weaknesses and improvements that may be needed in a "non risk" situation. To test equipment and services which are not always in use, i.e. The fire alarm, also to ensure that alarm calls can be heard in all locations. To prevent panic in the event of an emergency . To demonstrate management commitment. To allow for and test coordination with the emergency service. |
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Outline the factors that should be considered when implementing a safe system of work
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The risk assessment(s) for the task- general, manual handling. COSHHetc to
understand the hazards and risks. The adequacy of the control measures In place - if any The details of the task or activity to be performed- steps to be performed. The equipment to be used- testing, maintenance, user checks, training, info provided by manufacturer Any materials Involved- waste, size shapes, hazards The number of employees or third parlies Involved- who will be involved or those effected. The level and competence and training - of those involved. The legal requirements applicable - whatAct/Regs/ACOP/guidance says. The Input of the workers who will do the Job - get feedback, people support what they create. Emergency procedures - what will need to be done in a fire or chemical spill, confined space incident, first aid. How the work will be monitored and supervised- PEME |
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Explain using examples the meaning of the following terms
(i) hazard, (ii) risk (b) Give THREE reasons why the seriousness of a hazard may not be obvious someone exposed to it. (c) Outline THREE circumstances that may require a risk assessment to be reviewed |
a) Explanation GIVE EXAMPLES!
i. "Hazard"is something with the potential to cause harm, and ii "risk"- the probability/likelihood that an unwanted event will occur and the possible severity in terms of injury or damage should it occur. b) Over-familiarity lack of experience, sensory impairment, lack of attention, warning alarms being masked by noise or the wearing of PPE and inadequate information instruction, training and supervision. The invisible nature of the hazard: exposure to biological agents, gases and radiation and those hazards where there is no obvious short term effect such as occurs in work related upper limb disorders WRULD's. c) After a certain length of time, following a serious accident, incident or near-miss. New staff suggestions/observations, manufacturers and suppliers instructions change, technological developments. Monitoring and inspection reveal issues, measurements air, noise and temperature measurements, medical surveillance. Changes to company policies, Technological developments in industry, Enforcement action. |
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Outline the factors that may increase the risk to pregnant employees in the workplace
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The work activities such as manual handling, underground mining, extensive
travelling, land/air/sea • Tasks involving long periods of standing or sitting; work involving exposure to biological agents or chemical substances that might affect the unborn child or pregnant/nursing mother; • Hyperbaric atmospheres (e.g. Working in compressed air or diving operations) • Tasks involving exposure to ionising radiation and, • Unusually stressful work. • Work involving shocks, vibration or movement • Non ionising electromagnetic radiation (e.g. radio - frequency radiation) • Manual handling. |
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a) Outline the meaning of the term young person in current health and safety legislation
b) Outline the factors to be taken into account when undertaking a risk assessment on young workers in the workplace |
a) Health and safety law defines people by age: A young person is anyone
under eighteen years of age (young people); a child is anyone who is not over compulsory school age. He or she has not yet reached the official age at which they may leave school, also referred to as the minimum school leaving age (MSLA). b) Inexperience of the young. Lack of awareness or risks. Physically or mentally immaturity; Individual special needs. The nature of any physical, biological and chemical agents (carcinogens) or other listed agents they may be exposed to, for how long and to what extent. Risks from radiation, extreme heat or cold, noise or vibration. Hazardous work should be considered, such as work at height, machinery. Disabilities or learning difficulties should be considered. |
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a) explain the 5 step process to risk assessment (as described in HSE's 'Five steps to risk
assessment) (b) Explain the criterea that should be applied to help develop an action plan to priorituse the control of health and safety risks in the workplace |
(a) Risk assessment
STEP 1 Look for the hazards • STEP 2 Decide who might be harmed and how • STEP 3 Evaluate the risks and decide whether tho existing precautions are adequate or whether more should be done • STEP 4. Record your findings • STEP 5 Review the assessment and revise it If necessary b) Once a risk assessment has been completed, an action plan will need to be developed to prioritise the suggested remedial measures. Criteria which may be applied to assist with the prioritisation include legal requirements, the likelihood and severity of the risk, the number of persons who might be affected, the speed of the action required (whether long or short term), the possibility of enforcement action and publicity affecting the reputation of the company. |
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(a)Identify tho TWO main functions of first aid
(b) Outline the factors to consider when making an assessment of first aid provision in a workplace (c) Outline factors that should be considered when selecting an employee to be a first aider. |
a) The two main functions of first aid are, firstly, • the preservation of life and/or the minimisation of the consequences of serious injury and, secondly, • the treatment of minor injuries that do not need medical attention. b) First aid provision assessment factors such as: the size of the organisation and • number of employees; • the layout of the workplace; • the identified hazards and risks; • the history of minor and other accidents (and typical need for first-aid treatment) ; • the distance from the workplace to the nearest source of emergency medical services; • working patterns and practices such as shift working and persons working away from the workplace; and • the need in some circumstances to train first-aid personnel in special procedures. c) Factors to consider when selecting an Employee to be a first alder: Existing knowledge and/or qualifications or if none exist -e.g. if someone was an ex paramedic in the forces this would be beneficial People need to be qualified if they are expected to administer first aid Aptitude to learn and ability to absorb knowledge during their training period. Physical fitness, there may be a need to move quickly and cope with physically demanding emergency procedures, perhaps into confined spaces, roof space, fitness may be essential for this, so as not to put others at risk. Communication skills, they may be required to put people at ease and communicate complex information to emergency services in persons or on the phone in stressful situations. Awareness of their own limitations. Willingness to accept responsibility Ability to cope with stressful situations; The ease with which they may be released from normal duties when needed to give first aid: Mix of the workforce taking into account gender, ethnicity and religious convictions Where an employer is aware that an employee has a Blood Born Virus, they can take this into account if assessing their suitability as a first aider They would have to practice cross infection precautions regularly. |
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In relation to the Safety Representatives and Safety Committee
Regulations 1977. Outline: (a) The rights and functions of Trade Union appointed Safety (6) Representative (b) The facilities that an Employer may need to provide for Safety Representatives |
(a) functions
: Investigating hazards and dangerous occurrences and examining the causes of accidents; Investigating complaints by employees; Carrying out safety inspections; making representations to the employer; Attending safety committee meetings; Representing employees in consultations with the enforcing authority and receiving information from its inspectors. In order to carry out these functions, the safety representative has certain rights, such as access to relevant documents; the use of appropriate facilities; entitlement to inspect the workplace at set intervals; the right to request the setting up of a safety committee and time off with pay for training. (b) such facilities might include a private room, telephone, fax machine, photocopier, access to a computer and relevant reference material. |
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Give reasons why a verbal instruction may not be clearly understood by an employee
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Reasons such as:
• the nature of the working environment (e.g. high levels of noise, interference from personal protective equipment and other distractions), • the use of too much technical jargon, language or dialect issues, • ambiguity of the message, • sensory impairment or • learning difficulties. • the inexperience of the recipient (ie being unable to relate properly to what is being said) and • the fact that the instruction may be too complex or lengthy to be given verbally. |
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Outline factors that may determine the level of supervision an employee should receive it within the initial period in a company
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Outline factors such as previous experience of the work,
the age of the employee , and his/her qualifications and skills, the employee's attitude and aptitude, the nature and complexity of the task to be performed, and individual special needs or disabilities. |
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Explain why an employee may fail to comply with safety procedures at work
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Reasons such as:
• unrealistic or ill-considered procedures; • lack of adequate information and training and, • a perceived lack of consultation; • a poor safety culture within the organisation; • fatigue, illness and stress; • lack of concentration because of boredom and repetitive work tasks; • poor working conditions; mental and/or physical capabilities not taken into account; • inadequate supervision; peer group pressure; a failure to recognise risks and ultimately, a wilful disregard of the safety procedures |
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a) identify three types of emergency which may cause the need for employees to be evacuated from the workplace
b) explain why it is necessary for employers to have procedures to evacuate employees from the workplace |
a) Include fire or explosion, the accidental release of toxic chemicals or
gases; transport Incidents and bomb alerts Or floods b) Explanations as to why it is important to have the procedures, could be • The need to comply with statutory requirements, such as the Management of Health and Safety at Work Regulations 1999; • 7b be prepared for foreseeable emergencies and provide information on the action to be taken, • Not only by employees but also by neighbours and others who might be affected by such emergencies; • To ensure the safety and protection of the employees (this was rarely mentioned) and, • To allocate specific responsibilities to employees in the event of an evacuation being necessary |
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(a) Outline ways of reducing the likelihood of human error in the
workplace (b) Outline ways in which managers can motivate employees to work safely (c) Give FOUR reasons why the seriousness of a hazard may be underestimated by someone exposed to it |
a) The ways of reducing human error include: the use of skilled, competent and property trained
employees, and ensuring that they are well motivated; avoiding monotonous work processes and arranging breaks to counter fatigue; designating clear roles and lines of responsibility and ensuring adequate levels of supervision; establishing good lines of communication with the workforce and ensuring the clarity of instructions and information passed on to them; addressing workplace environmental issues such as noise, light and heat; designing the workplace and work equipment to reduce the opportunity for error (e.g. automation, unambiguous and clearly marked controls, monitoring and confirmation of actions and feedback loops); and implementing policies on alcohol and drugs. b) By involving employees in risk assessments, accident investigations and the development of safe systems and procedures; encouraging hazard spotting and the reporting of defects; setting up suggestion schemes; organising training courses and information programmes; supporting active involvement in safety committee meetings; being accompanied by employees or their representatives on safety tours and inspections; and giving employees responsibilities for mentoring young and inexperienced workers. Communication Employee involvement - Incentives - Leading by example - Performance appraisals. c) Reasons such as over-familiarity, lack of experience, sensory impairment, lack of attention, warning alarms being masked by noise or the wearing of PPE and inadequate training, information and instruction. Other reasons which might have been cited included the invisible nature of the hazard, such as that arising from exposure to biological agents, gases and radiation, and those hazards where there is no obvious short term effect such as occurs in work related upper limb disorders WRULD's |
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Outline ways in which employee perceptions of hazards in the workplace might be improved
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The use of surveys, the reasons for employees'
misperceptions in order to increase awareness and challenge currently held views. Other suggestions included making hazards more obvious The use of signs Addressing environmental factors, such as lighting and noise, which might cause distraction or otherwise hinder the perceptual processes. Training... Supervision... |
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Explain using examples the meaning of the following terms
(i) 'motivation' (n) perception' (in) 'attitude' |
• 'motivation
• The way in which people are stimulated to act e.g.. incentive scheme or involvement in decision making. • 'perception' • The way in which people interpret their environment e.g . responses to risk, introduction of PPE change in perception. • 'attitude' • The ways in which people think about situations around them e.g.. influenced by: • - culture • - experience • - peer groups • - management commitment etc. |
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Outline the personal factors that may place an individual greater risk of harm at work
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Personal factors that may place an individual at greater risk of harm at
at work include • a generally poor attitude to work, authority and/or risk, often coupled with • low motivation; • issues relating to physical capabilities or development (such as lack of stature, strength and/or stamina) and to mental capabilities (such as poor reasoning skills), • poor perception of risk, • perhaps influenced by alcohol or drugs; • age-related behavioural factors associated with immaturity; • and innate or health conditions affecting physical or mental capacity |
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a)Explain the meaning of the term competent person
b)Outline the check to be made to assess somebody's competence |
a)A person who has particular skills or qualifications and an understanding of relevant best practice, own limitations knowledge and experience and the willingness to obtain external assistance as a result • Someone who knows what they are looking for, • Can recognise it when they see it • And knows what to do with it b)Checks on the following Technical knowledge or expenence;- adequate knowledge of the area of work/subject, adequate experience of the work/process-task/activity, adequate understanding of tlw system to be worked on and practical expenence of that system, understanding of the hazards which might arise during the work and the precautions to be taken, ability to recognise at all times whether it is safe for work to continue. |
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Outline ways in which a Managing Director can demonstrate
commitment to improving the health end safety culture in their organisation |
Getting involved in H&S, helping develop the policy/systems and
direction - active involvement! Signing the H&S policy and keeping it under regular review, checking compliance with it, asking questions. Appointing competent people to assist with health and safety, ensuring they have his/her attention if required. Chairing the H&S meetings, showing that they are involved and interested, showing leadership! Providing the resources, in terms of time and money to ensure the H&S policy can be fulfilled. Getting properly trained and attending training sessions that subordinate management and workers attend. Reviewing the results of audits and inspections. Undertaking H&S work such as risk assessments and safety inspections. |
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Outline the content of an induction training programme for new employees designed to reduce the occurrence of accidents
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CONDITIONS OF EMPLOYMENT •Hours of work • Holidays • Sickness/Absence procedure • Contract of Employment Rates of Pay WELFARE • Canteen and Catering • Cloakroom and Toilets • Tea Breaks • Smoking Rules • Notico Boards • Safety Clothing Facilities • Staff Shops • Health & Hygiene Facilities INTRODUCTION TO DEPARTMENT • The Supervisor • The Instructor • The Job • Workmates HOUSEKEEPING AND SAFE SYSTEMS OF WORK • Work Areas • Obstructions • Dross Hair • Waste Bins • Lockers • Jewellery • Other Hazards TRAINING • The Training Programnte • Promotion/Development WAGES • Allowances/Dedi/ctions Pay Procedure TRADE UNIONS • Employee Rights • Union nghts • Safety Reps • Grievance Procedure • Dis ciplinary Procedure MANAGEMENT Who's who in Safety Policy FIRE PRECAUTIONS • Causes • Location of eqjjrpmoat • Use of extinguisher • Exits • Alarm system • Evacuation • Assembly points • CI wc king procedure FIRST AID • First Aid Boxes • Personnel • Accident Book • Accident Procedure COMPANY RULES AND MACHINE SAFETY • Machine Guards • Behaviour Safety Clothing • Working Methods PRODUCT AND PROCESSES • Company Processes • Raw Materials • Finished Product • End Uses of Product • Quality |
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State four direct and four possible indirect costs to an organisation following a serious accident at work
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Direct costs
Damage to products First aid and treatment costs Repair or replacement of damaged equipment Worker sick pay Indirect costs Low worker moral Damage to business reputation High staff turnover Reduced productivity |
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a) Outline the purpose of employers liability insurance
b) Outline six costs of a workplace accident that might be uninsured |
a) To ensure that employers are covered for any legal liability to pay damages to an employee who sustains injury or disease from and in the course of employment.
b) I) insurance excess an amount of money agreed between employer and the insurance company that will have to be paid by the insured employer even if the claim is agreed ii) premium increases that could follow in the event of a successful claim against the insured employer iii) production delays or lost production following an accident the production department of a company may need to be shut down during investigation this period of lost production would mount to direct lost profits. iv) time involved in accident investigation great deal of management time would be spent in the event of an investigation during this time these employees are not engaged in their work duties. v) loss of goodwill and reputation following news of a accident in the media and through word of mouth there may be loss of goodwill and reputation from both employees, client and the public this loss may have a wide-ranging effect on product perception and employee effort levels. vi) loss of expertise or experience those injured or killed in accident may have unique knowledge within the company built up over many years this cannot be replaced by hiring new staff and so it is lost. |
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a) Identify three enforcement agencies who have the power to prosecute a company for non compliance with health and safety legislation.
b) give the names of two criminal courts which hear cases of indictable health and safety offences c) outline the role of the civil courts with regard to health and safety |
a)
i)The HSE ii)Local authority iii)Environment agency b) i)The crown court ii)The supreme court c) To enable employees to enforce their rights whether a person wishes to pursue his rights as a matter of him alone he can negotiate an action or if he so wishes fail to bring proceedings or even discontinue proceedings in the course of a trial or case. |
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a) Outline 4 powers available to an inspector when investigating a workplace accident
b) Identify the two types of enforcement notice that may be served by an inspector stating the conditions that must be satisfied before each type of notice is served |
a)
1 the right to enter premises at any reasonable time 2 the right to allow others entry to any premises 3 order that areas are left undisturbed 4 take measurements 5 confiscate articles and substances 6 Fix inspect and take copies of relevant documents 7 carry out tests 8 interview and take a written statement 9 required facilities and assistance 10 Any other power necessary within the remit of enforcing their authority b) 1 improvement notice The company must be BREAKING THE LAW and be likely to continue if the situation is not improved. The notice will require the responsible persons to MAKE ALTERATIONS to the activity to bring it back to within legal boundries. 2 prohibition notice Should an activity or situation must involve or will involve a RISK OF SERIOUS PERSONAL INJURY, the law does not actually have to have been broken. The notice will require the responsible persons to CEASE the activity. |
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Outline the duties placed on employees by
a) the health and safety at work act 1974 b) the management of health and safety at work regulations 1999 |
a)
1 SECTION 7 the general duty of employees - all employees must take reasonable care for the health and safety of themselves and of other persons who may be affected by what they do or fail to do at work. 2 SECTION 8 Duty not to interfere - no person shall interfere with or misuse anything provided any interest of health, safety or welfare in persuance of any of the relevant provision b) REGULATION 14 Management Regulations 1 Use all equipment, means of production or safety device provided to him by his employer in a safe manner following training given to them in accordance to the employers safe systems of work. 2 Every employee has a duty to inform their employer of any unsafe acts, equipment or arrangements. |
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What would you include in the arrangements section of a health and safety policy ?
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Consultation arrangements
Maintenance arrangements Safe handling and use of substances arrangements Information instruction and supervision arrangements Competency for tasks and training arrangements Training arrangements Accident incident near miss arrangements First aid arrangements Emergency procedure arrangements |
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a) Outline the duties of a CDM coordinator and the construction design and management regulations 2007.
b) Identify four items of information that might be needed by contractor carrying out refurbishment work. |
a)
Advise and assist the client with his and her duties Notify hse Coordinate health and safety aspects of design work and co operate with others involved with the project Facilitate good communication between the client designers and contractors Liaise with the principal contractor regarding ongoing design Identify collect and pass on preconstruction information Prepare and update the health and safety file b) i) Hazardous material records ii) As built design drawings iii) Site training materials iv) The site health and safety arrangement documents |
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State the contents of a H&S Policy.
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1 Statement of Intent
Can be one page signed and dated by the most senior person in a business it should say that committed to ensuring have to take the jump leads customers who have a responsibility who has special responsibilities arrangements will be made to support the policy that all employees are responsible for taking care of their own health and safety and that of those around them and that the employer recognises the legal duties and will provide a safe work environment with safety equipment and safe methods of work. 2 Organisation Set out who is responsible for what this identifies who undertake risk assessment make inspections and ensure safety large businesses many diagrams a chance to show responsibility the managers supervisors employees etc. the duties of the competent person should be mentioned here include the name of the first aid officers and anyone else who has designated responsibilities for health and safety issues. 3 Arrangements Details of what you will do in practice and how you eliminate or reduce risks caused by hazards. These will be highlighted in your risk assessment. You have to explicitly show you have assessed the risks and made probably check you have to also show you have passed and considered who might be affected by anyway. To keep things simple you can refer to other documents such as manuals, company rules, manufacturer's instructions arrangements for fire safety, these may already list hazards and precautions you don't need to repeat it. It is up to you whether you combine all the documents or keep them separately. |
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a) Explain the meaning of the term vicarious liability
b) State the circumstances in which in employer maybe held vicariously liable for the negligence of an employee |
a)
The employer is responsible for the TORTS (civil wrongs) of employees where committed in the course of employment. This means that although an employer may not know what his staff is actually doing during the course of the working day he may still be responsible for their actions provided that these actions take place during the course of employment. In the event of an accident to one employee as a result of another employees negligence a business is still liable for the actions of its employees. b) I AUTHORISED WRONGFUL ACTS Wrongful act which is actually authorised by the employer for example an employer tells someone to commit an act which results in harm to someone. ii UNAUTHORISED WRONGFUL ACTS Alternatively if it is not in itself authorised but it's officially connected with an act that has been authorised then it could be considered an 'improper' means of carrying out the individuals responsibility of employment. Vicarious liability will again therefore apply. for example, an employee remove a guard from a machine to unblock the machine to keep production going despite knowing it wrong and against all procedure or training and harms people as a result. |
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In order to meet production deadline a supervisor instructed an employee to operate a machine they both knew to be defective.
Giving reasons in each case identify breaches of the health and safety at work act 1974 in relation to this scenario |
The employer is in breach of -
Section 2.1 The duty of every employer to ensure so far as is reasonably practicable, the health safety and welfare at work all employees. Reason - For giving the instruction to the employee to use a known defective piece of equipment. Section 2.2a The provision and maintenance of plant and systems.Reason - For not maintaining an adequate level of operation of a machine which is in use by their employees. Section 2.2c provision of such information, instruction, training and supervision as nessecary to ensure so far as is reasonably practicable the health and safety at work of employees. Reason - Both individuals may not have been trained, therefore will not aware of what they were doing. Section 7 General Duty of employees- it shall be the duty of every employer at work to take reasonable care for the health and safety himself and other persons who may the affected by his acts or omissions at work for knowingly operating the defective piece of equipment. Reason - both could have acted negligently against the wishes of employer Section 8 Duty not to interfere - no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health safety or welfare in pursuance of any of the relevant statutory provisions. Reason - both may have not known what they were doing Section 36 Whether commissioned by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceeding they're taken against the first mentioned person. Reason - the manager could have acted or cause the offence to be committed by default Section 37 When an offence is committed within a company, if it is committed with the consent or connivance of a director, then the director can be charged with the offence. Reason- the directors may have consented to the use of the defective machinery. |
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The health and safety at work act 1974
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Section 2.1 general duty-
duty of the employer to ensure the safety of his employees section Section 2.2 general duty- a the provision and maintenance of safe plant and systems b the arrangement for ensuring safety in absence of risk to health in connection with the use handling, storage and transport of articles and substances c the provision of information training and supervision as necessary to ensure safety at work of employees d the provision of a safe place of work e the provision of a safe working environment Section 2.3 Policy General duty- the provision of a health and safety policy statement Section 2.4 consultation general duty- employer must set up safety committees to keep under review measures to ensure health and safety at the workplace and allow access trade union safety representatives. Section 3.1.2 duty of employers and self employed towards others- the duty of employers to avoid risks to the public. Section 4.2 duty or person to control premises- duty to ensure premises are safe for both employees and members of the public Section 6.1 duties on designers suppliers- i adequate information must be provided to person supplied with the articles and substances ii carry out or arrange for the carrying out of testing and examination to ensure article is safe to use as above. iii the information should be sufficient to enable the article or something to be used with safety and should come a reasonably foreseeable risks including risk that may arise from disposal dismantling for the inherent properties of substances Section 6.2 duties on designers manufacturers- duties are placed on manufacturers, importers and suppliers of articles or substances and on designers installers and erectors of articles for use at work including fairground equipment. The duties apply to corporate bodies partnerships and individuals when they are acting in the course of a trade business or other undertaking but only in respect of matters within their control. Section 7 general duty of employees All employees must take reasonable care for the health and safety of themselves and others persons in may be affected by what they do or failed to do at work. This duty implies not only to avoiding obviously silly or reckless behaviour but also taking positive steps to understand the hazards in the workplace to comply with safety rules and procedures and to ensure nothing they do or fail to do you put themselves or others at risk. Section 8 duty not to interfere The act imposes one duty on all people both people at work and members of the public including children this is not intensity interfere with all miss you ever think that has been provided in the interest of health safety all welfare was it has been provided for the protection of employees or other persons. The purpose of the provision is clearly to protect things intended to ensure peoples safety and the things covered by the provision include fire escapes and fire extinguishers perimeter fencing warning notices for particular hazards protective clothing guards on machinery and special containers for dangerous substances. Section 9 duty not to charge Many regulations require employers to do or provide certain specified things for example to provide protective clothing or PPE. Or provide setting standards of washing facilities. That lays down that employers must not charge the employees for anything done or provided to comply with such specific legal requirement. Section 33 Offences The act creates a number of offences for which people can be prosecuted in the courts. the offences failing to comply with the section of the act and others. Section 36 offences due to fault of other persons If someone commits an offence because of an act or default of another person, then that person will also be guilty of the offence, and can be prosecuted, whether or not proceedings are taken against the first person. In other words for the employer committed the offence, but if it was due to the fact that another person, say a manager acted or failed in some way, then the manager can also be prosecuted. Section 37 offences by the body corporate Aimed at very senior managers and directors. HSE guidance states that consent is where the person was aware of what was going on and agreed to it and connivance is where the person was aware of what was going on in effect: - consent is awareness and agreement - connivance is simply awareness Connivance is often said to be turning a blind eye. Section 40 onus of proving limits of what is practicable If someone is prosecuted for failing to comply with a duty- "so far as is reasonably practicable", "so far as is practicable", or by the "best practicable means", they have to prove that it was not "reasonably practicable" to meet the requirement for that there was no better "practicable" means of meeting the requirements. This offers defendants a potential defence if they can show, on the balance of probabilities, that in the circumstances they had done everything practicable or reasonably practicable or used the best practicable means to prevent a breach of the law. |
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Achieving a safety culture the four Co's (Con Coop Comm Comp)
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Control -
Methods of control of everything. Cooperation - means of securing cooperation between managers, employees and their representatives in the organisation through the involvement of all levels and safety committees, problem solving of safety issues and incident investigation. Communication - Methods of communication of information into and through organisation upwards and downwards across into and out of by means of circulars notice boards e-mails and so on Competence - Competence of individuals in development of skills needed at various levels within the organisation |
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Define safety
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Safety is the state of being safe, the condition of being protected against physical harm or any other event which could be considered non-desirable.
Safety can also be defined to be the control of recognised hazards to achieve an acceptable level of risk. |
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Define environmental protection
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Is the practice of protecting the environment air water land flora and fauna on an individual organisational or governmental level for the benefit of the natural environment and all humans.
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Define health
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Health is the level of functional and or metabolic efficiency of a living being. In humans it is the general condition of the person in mind, body, and spirit, usually meaning to being free from illness injury or pain as in good health or healthy
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List the classes of safety sign prescribed by the health and safety (safety signs and signals regulations) 1996
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PROHIBITION
WARNING MANDATORY EMERGENCY ESCAPE FIRST AID FIRE FIGHTING |
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a) Identify four common law duties of an employer
b) identify four ways in which employers can fulfill thier common law duty |
a1) To provide a safe place of work.
b1) By inspecting the workplace, ensuring it is structurally sound. By ensuring walkway are clear. a2) To provide safe plant and equipment b2) By using guards on plant and equipment. a3) To provide safe systems of work. b3) By use of permit to work system and method statements a4) To ensure competent and safe employees b4) By use of thorough employee pre selection and qualification. |
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The structure of uk law - documentation
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Acts
Broad outline of what is required, this has parliamentary authority, if an area of the act applies to a duty holder, then what is said must be done. Regulation regulations and self contained the legal requirements which have to be complied with in an absolute, practicable all reasonably practicable way as a regulation itself states. Approved code of practice (ACOP) the interpreter acts and regulations. They are intended to translate the legal text of the act or regulation into work or relevant information that the layman can understand and use. Guidance Hse guidance, is not a compendium of legal requirements it is simply intended to help duty holders meet the goal-setting requirements described in acts, regulations and ACOPs. |
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Which court are criminal cases in england heard?
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Magistrates court
Crown court |
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Which court are civil cases in england heard?
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County court
High court |
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Management system components POPIMAR
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Policy
Organising Planning Implementation Measuring performance Auditing Review |
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What are the key reasons for maintaining good standards of health and safety within an organisation?
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The Moral argument
Injury accidents will result in a great deal of pain and suffering for those affected clearly we must all do what we can to avoid this. The legal argument It is a legal requirement to safeguard the health and safety of employees and others that might be affected by the organisations operations. Statute law and common law. The financial argument Accident at work cost a great deal of money, especially when we add in damage accidents interrupt production downgrade the quality of a product and impaired environment. Cost can be enormous and perhaps already are many times larger than we think. The Environmental argument Accidents can have an enormous environmental impact |
