Unit A Jan 06

Front 1

The Management of Health and Safety at Work Regulations 1999 requires that employers appoint a Health and Safety Assistant.
(a) List the key legal requirements that must be satisfied by the employer when making such an appointment.

Back 1

Person competent to advise; Appoint one or more persons; Arrangements for cooperation if more than one; Number of and time available sufficient for size, risk and risk distribution of the company; Provision of information on health & safety issues to externally appointed (consultant); Preference is internal appointment; Information on temporary workers; Exemption for partners if one or more is competent

Front 2

The Management of Health and Safety at Work Regulations 1999 requires that employers appoint a Health and Safety Assistant. (b) Outline the key elements of the strategic role of the health and safety professional with respect to the employer’s current health and safety management system.

Back 2

Policy development and setting of objectives; Managing enforcing bodies; Advising senior managers; Formulating & developing elements of the H&S management systems; Developing / agreeing plans for improvement, short and long term; Involvement in reactive monitoring e.g. accident investigation; Developing strong good safety culture; Auditing & identifying further opportunities for improvement; Ensuring organisation is legally compliant and keeping up to date with legislation changes

Front 3

A risk management programme encompasses the following concepts:
(i) riskavoidance; (ii) risk reduction; (iii) risktransfer; (iv) risk retention. Identify the key features of each of these concepts and give an appropriate example in each case.

Back 3

Avoidance = avoid/eliminate risk i.e avoid activity, eliminate Hsubstance; Reduction = evaluate risks & develop risk reduction strategies - define an acceptable level of risk control to be achieved - hierarchy of control. Transfer = risk to other parties but pay a premium - insurance/ contractors/ outsourcing; Retention - accept level of risk along with decision to fund losses internally - risk retention with knowledge where the risk has been recognised and evaluated or risk retention without knowledge where the risk has not been identified (obviously an unfavourable position for the organisation to be in).

Front 4

Outline the main defences available to a defendant in a civil case who is being sued in an action for the tort of negligence.

Back 4

No duty was owed by defendant to claimant; no breach of duty (forseeablity/reasonableness); breach did not lead to damage; remoteness of damage; volenti non fit injuria; contributory negligence

Front 5

Outline factors which will be considered in determining the level of damages paid to a successful claimant.

Back 5

Degree of disability; loss of earnings prior to trial; loss of future income and/or opportunities; degree of pain and suffering involved; medical costs & expenses; cost of special adaptations; cost of care; and the loss of amenity; contributory negligence might result in a reduction of damages awarded if proved

Front 6

An advertising campaign was used to promote improvement in safety standards within a particular organisation. During the period of the campaign the rate of reported accidents significantly increased, and the campaign was deemed to be a failure. (a) Suggest, with reasons, why the rate of reported accidents may have been a poor measure of the campaign’s effectiveness.

Back 6

Accidents may have previously been under-reported; raised awareness may have led to previously unreported accidents now being reported, but that, in the absence of other data, it is almost impossible to tell whether or not the increase is ‘real’

Front 7

An advertising campaign was used to promote improvement in safety standards within a particular organisation. During the period of the campaign the rate of reported accidents significantly increased, and the campaign was deemed to be a failure.
Describe four proactive (active) measures which might have been used to measure the organisation’s health and safety performance.

Back 7

Safety inspections - involving physical inspections of the workplace to identify hazards and unsafe conditions; Safety audits - involving the systematic critical examination of all aspects of an organisation’s health and safety performance against stated objectives is carried out; Safety tours -involving unscheduled inspections to observe the workplace in operation without prior warning; Safety sampling- involving a partial amount of a potential group/area is examined to establish facts that can indicate the standard of compliance of the whole;

Front 8

Human failure was identified as a significant factor in an accident involving a crane. A contractor’s employee was seriously injured when struck by material being transported by the crane.
Outline the types of human error which may have contributed to the accident. Refer to relevant examples based on the scenario to illustrate your answer.

Back 8

Routine = Non-compliance becomes the ‘norm’; characterised by a lack of meaningful enforcement: high proportion of motorists drive at 80mph on the motorway. Situational = Non-compliance dictated by situation-specific factors (time pressure; van driver has no option but to speed to complete day’s deliveries. Exceptional = takes a calculated risk in breaking rules: after a puncture, speed excessively to ensure not late for meeting

Front 9

Explain with reference to case law, the meaning of the terms ‘practicable’ and ‘reasonably practicable’ as they apply to health and safety legislation.

Back 9

Practicable = Where technology or knowledge exists must be implemented; Not as high a duty as Absolute but higher duty than reasonably practicable; Cost of precautions is not a factor; Cases -Adsett vs K & L steel founders (technology not known, silica dust)
Reasonable Practicable = Balance of cost vs risk; One factor must be grossly disproportionate to the other; Decision is reached to implement precaution or not after balancing; Duty not as strict as Absolute or practicable; Cases -Edwards vs National coal board (shoring up of roadway) NCB found liable as risk and consequences was greater than cost

Front 10

A forklift truck is used to move palletised goods in a large distribution warehouse. On one particular occasion the truck skidded on a patch of oil. As a consequence the truck collided with an unaccompanied visitor and crushed the visitor’s leg.
(a) State, with reasons, why the accident should be investigated.

Back 10

Establish causes both immediate and underlying causes; To ensure future preventative actions can be defined and implemented; Assess compliance with legal requirements; Demonstrate management commitment; Obtain information/evidence for any future civil claim; Assess whether further training and/or supervision is required; Investigation could provide useful information for evaluating the costs of accidents; Information gathered from investigation can be used to evaluate whether current precautions are adequate, also SSOW and existing risk assessments are they adequate

Front 11

A forklift truck is used to move palletised goods in a large distribution warehouse. On one particular occasion the truck skidded on a patch of oil. As a consequence the truck collided with an unaccompanied visitor and crushed the visitor’s leg. (b) Outline the actions which should be followed in order to collect evidence for an investigation of the accident. Assume that the initial responses of reporting and securing the scene of the accident have been carried out.

Back 11

Take photographs, sketches and measure relevant parts of the accident scene before anything is disturbed, obtain any CCTV footage available; examine the condition of the fork lift truck; determine the speed at the time of the accident; the loads carried, the safe working load of the truck and any forward visibility issues with the load in place; reasons for the oil spillage; emergency spillage procedures in place and the reasons why they were not followed on this occasion; failure to follow laid down operating procedures; competence of the fork lift truck driver and examining the workplace to determine any contributing environmental factors such as the condition of the floor and the standard of lighting; interviewing relevant witnesses such as the visitor where this is possible and reception personnel to identify current working practices as opposed to the laid down written procedures for dealing with visitors.

Front 12

A forklift truck is used to move palletised goods in a large distribution warehouse. On one particular occasion the truck skidded on a patch of oil. As a consequence the truck collided with an unaccompanied visitor and crushed the visitor’s leg. (c) Describe factors which should be considered in analysis of the information gathered in the evidence collection.

Back 12

Look at job factors involved e.g. distractions; Examine information objectively i.e with a view to identify the causes; Existing health and safety culture; Quality of supervision; Look at any organisational factors which may have contributed; Assess human factors that may have been involved e.g. fatigue, stress, alcohol; Competence of person involved e.g. training/supervision; Take into account any environmental factors that may have exited e.g. noise, light, air condition; Plant/equipment factors e.g. serviceable/inspected; Where procedures adequate e.g. RA/SSOW

Front 13

A fast-growing manufacturing company now employs 150 people. Health and safety standards at the company are not good, as arrangements have developed without professional advice in an unplanned way during the time of rapid growth. The company has, though, managed to avoid any serious accidents and, in the main, staff at all levels do not seem particularly concerned.
Two employees, however, have recently experienced two separate near-miss incidents and have complained jointly to the Health and Safety Executive. A subsequent visit by an HSE inspector has resulted in the issue of three improvement notices. The Managing Director wishes to dismiss the employees (whom he has described as ‘troublemakers’) even though he accepts that their concerns were probably justified.
(a) State the advice you would give the Managing Director with respect to the proposed disciplinary action to the employees who have complained and give supporting reasons.

Back 13

Employees protected against -loss of job;-victimisation-if job lost, case for unfair dismissal; Protected disclosure; Employee good faith; Law = The Public Interest Disclosure act 1998; foster a negative health and safety culture; root causes of employees may not be identified or addressed.

Front 14

A fast-growing manufacturing company now employs 150 people. Health and safety standards at the company are not good, as arrangements have developed without professional advice in an unplanned way during the time of rapid growth. The company has, though, managed to avoid any serious accidents and, in the main, staff at all levels do not seem particularly concerned.
Two employees, however, have recently experienced two separate near-miss incidents and have complained jointly to the Health and Safety Executive. A subsequent visit by an HSE inspector has resulted in the issue of three improvement notices. The Managing Director wishes to dismiss the employees (whom he has described as ‘troublemakers’) even though he accepts that their concerns were probably justified. (b) Outline the steps that should be taken to gain the support of the workforce to improve the health and safety culture within the company.

Back 14

Consultation, co-operation, participation, competence, commitment; Talk to the workforce, get their input; Increase employee participation e.g. risk assessments. H & S meetings; Demonstrate good resource for H & S; Train them, - show the benefits of improved safety conditions; Ensure positive feedback is given; Show management commitment by leading from the front; Introduce new consultation forums; Set health and safety targets and create plans for improvement, communicate these plans to all of the workforce; Have informal discussion, team meetings etc

Front 15

Outline the use and limitations of fault tree analysis.

Back 15

Fault tree analysis is useful in analysing accidents where there are multiple causes to an accident to calculate the probability of the top event; it can be used to identify the most effective points of intervention in order to reduce the probability of the top event occurring. On the negative side it is limited by the requirement of skilled analysts to work the calculations out in complex situations and its reliance on the accuracy and availability of failure data.

Front 16

A machine operator is required to reach between the tools of a vertical hydraulic press between each cycle of the press. Under fault conditions, the operator is at risk from a crushing injury due either (a) to the press tool falling by gravity or (b) to an unplanned (powered) stroke of the press. The expected frequencies of the failures that would lead to either of these effects are given in the table below: (Refer to data). (i) Given that the operator is at risk for 20 per cent of the time that the machine is operating, construct and quantify a simple fault tree to show the expected frequency of the top event (a crushing injury to the operator’s hand).

Back 16

diagram require to explain answer

Front 17

(b) A machine operator is required to reach between the tools of a vertical hydraulic press between each cycle of the press. Under fault conditions, the operator is at risk from a crushing injury due either (a) to the press tool falling by gravity or (b) to an unplanned (powered) stroke of the press. The expected frequencies of the failures that would lead to either of these effects are given in the table below: (refer to diagram). (ii) If the press is one of ten such presses in a machine shop, state, with reasons, whether or not the level of risk calculated should be tolerated.

Back 17

Part (ii) was seeking not just an opinion but some commentary on, or justification for, the opinion in terms of the frequency of unexpected tool descent or operator injury. Those candidates who did not give reasons for their opinions could not expect to gain high marks. Some reference was therefore needed to the likely disabling nature of the injury and to such an event occurring once in about ten years (which was the estimated frequency). Better candidates offered a risk level that might be considered to be more acceptable, with some suggesting that if several of these presses were operating (perhaps within the same factory), then a serious injury could be a regular occurrence

Front 18

(b) A machine operator is required to reach between the tools of a vertical hydraulic press between each cycle of the press. Under fault conditions, the operator is at risk from a crushing injury due either (a) to the press tool falling by gravity or (b) to an unplanned (powered) stroke of the press. The expected frequencies of the failures that would lead to either of these effects are given in the table below: (refer to diagram).(iii) Assuming that the nature of the task cannot be changed, explain how the fault tree might be used to prioritise remedial actions.

Back 18

Part (iii) needed candidates to explain the general principles of using the probability data in the fault tree so that priority is given to those actions that would give the greatest reduction in the probability of the undesired events. For instance, gravity fall was highlighted as the most likely event, therefore priority should be given to actions that would prevent this.

Front 19

Atom Chemicals Ltd engaged the services of an industrial cleaning company, Becom Cleaners Ltd, to clean their chemical processing vessel using Atom Chemicals’ own electrical cleaning equipment. The production supervisor of Atom Chemicals issued a permit-to-work for Becom Cleaners to undertake the work. The vessel cleaning operation involved the use of flammable solvents and the Becom Cleaners’ employee was badly burned whilst using the electrical equipment.
Identify and explain the possible breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 by:
(a) Atom Chemicals.

Back 19

s3(1) regarding ‘undertaking’ and so far as is reasonably practicable; s4 as occupier and controller of non-domestic premises, regarding provision of plant — s2 in relation to the risk to its own employees, s2(1), s2(2)(c); Under MHSWR Reg 3 risk assessment; Reg 5 effective safety management arrangements; Reg 11 cooperation and coordination; Reg 12 instructions / information for workers in host employers undertakings.

Front 20

Atom Chemicals Ltd engaged the services of an industrial cleaning company, Becom Cleaners Ltd, to clean their chemical processing vessel using Atom Chemicals’ own electrical cleaning equipment. The production supervisor of Atom Chemicals issued a permit-to-work for Becom Cleaners to undertake the work. The vessel cleaning operation involved the use of flammable solvents and the Becom Cleaners’ employee was badly burned whilst using the electrical equipment.
Identify and explain the possible breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 by:(b) Becom Cleaners.

Back 20

HSWA s3(1) putting Atom Chemical’s employees at risk; Under MHSWR Reg 3 risk assessment; Reg 5 effective safety management arrangements; Reg 11 cooperation and coordination; Reg 10 Information to employees on hazards/controls; Reg 13 competence and training of employees.

Front 21

Atom Chemicals Ltd engaged the services of an industrial cleaning company, Becom Cleaners Ltd, to clean their chemical processing vessel using Atom Chemicals’ own electrical cleaning equipment. The production supervisor of Atom Chemicals issued a permit-to-work for Becom Cleaners to undertake the work. The vessel cleaning operation involved the use of flammable solvents and the Becom Cleaners’ employee was badly burned whilst using the electrical equipment.
Identify and explain the possible breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 by:(c) Individuals.

Back 21

Possible breaches by individuals in consideration of the duties of employees under HSWA s7 and MHSW Reg 14; with consideration of the permit issuer: HSWA s7, MHSW Reg 14 and HSWA s36.

Front 22

Atom Chemicals Ltd engaged the services of an industrial cleaning company, Becom Cleaners Ltd, to clean their chemical processing vessel using Atom Chemicals’ own electrical cleaning equipment. The production supervisor of Atom Chemicals issued a permit-to-work for Becom Cleaners to undertake the work. The vessel cleaning operation involved the use of flammable solvents and the Becom Cleaners’ employee was badly burned whilst using the electrical equipment.
Identify and explain the possible breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 by: Make reference to relevant case law and explain the relevance in this case.

Back 22

Relevant case law correctly included by candidates was: R v Associated Octel Co Ltd (1996) 4 All ER 846; R v Swan Hunter Shipbuilders Ltd and Another (1982) 1 All ER 264.

Front 23

A new chemical plant which falls within the scope of the Control of Major Accidents and Hazards (COMAH) Regulations 1999 is being planned. The manufacturing process will involve toxic and flammable substances. The plant is near to a residential area.
Identify the issues to be considered in the development of an emergency plan to minimize the consequences of any major incident.

Back 23

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