Unit A Jan 09

Front 1

Outline ways in which a health and safety practitioner could evaluate and develop their own practice.

Back 1

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. Obtain recognised professional qualification; by keeping up to date by undertaking training in relevant areas; by participating in CPD schemes; by ensuring they have access to suitable information sources; by networking with their peers at safety groups and conferences; by seeking advice from other competent practitioners and consultants and by initiating and following a personal development plan.

Front 2

Witness interviews are an important part of the information-gathering process of an accident investigation. Describe the requirements of an interview process that would help to obtain the best quality of information from witnesses.

Back 2

Interview as soon as possible after the event; providing a suitable environment for the interview; interview one witness at a time; put witness at ease, establish a good rapport, take care to stress the preventive purpose of the investigation rather than the apportioning of blame; explain the purpose of the interview and the need to record it; use an appropriate questioning technique to establish key facts; avoid leading questions or implied conclusions; use appropriate sketches or photographs to help with the interview; listen to the witness without interruptions and allowing them sufficient time to give their answers; and summarise and checking agreement at the end of the interview; adjust language to suit the witness; clarify what was actually witnessed as opposed to deduced; invite witnesses to have someone accompany them if they so wish and show appreciation at the end of the interview.

Front 3

A health and safety management programme encompasses the following concepts: (a) risk avoidance;
(b) risk reduction; (c) risk transfer; (d) risk retention.

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

Train drivers may spend long periods of time in the cab of a train and may be susceptible to loss of alertness. This can increase the risk of human error. Outline a range of measures that could reduce loss of alertness in train drivers.

Back 4

Environment = light, lighting, humidity, visibility, weather, alcohol, drugs shift pattern/duration, breaks. Individual = age, experience, training, senses(visual, audio), attitude, information received, drug, alcohol, fatigue. Ergonomics & design

Front 5

Outline how safety tours could contribute to improving health and safety performance and to improving health and safety culture within a company. Discussion of the specific health and safety requirements, problems or standards that such tours may address, is not required.

Back 5

Help identify compliance or non-compliance with performance standards; repetition in the same area will indicate an implement or worsening trend; check implementation and effectiveness of agreed courses of action; when carried out in different areas, they can point up common organisational H&S problems; identify opportunities for improved performance through the observations of the tour members or by their conversations with employees during the tour; unscheduled tours can help to observe normal standards of behaviour rather than those specifically adopted for the event; help to improve the H&S culture if they are led on a regular basis by members of management indicating their commitment to the cause; prompt remedial action for deficiencies noted enhances the perception of the priority given to H&S matters; involvement of employees in the tours will encourage ownership & improve perception of the importance of the subject, if the findings of the tours are shared with the workforce on a regular basis;

Front 6

The Health and Safety at Work etc Act 1974 presents a number of opportunities for individuals to be prosecuted for breaches of duties under the Act. Assuming that the individuals are employed within a large company, outline the circumstances under which they may be prosecuted for such breaches.

Back 6

Section 7 - duty of employees take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and to co-operate with their employer so far as is necessary to enable them comply with their duties under the Act (may be prosecuted …). Section 8 - No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of H, S or W in pursuance of any of the relevant statutory provisions. Section 36 - Where the commission 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 proceedings are taken against the first-mentioned person. Section 37 - Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Section 33 – for falsely pretending to be an inspector. Armour v Skeen

Front 7

An employer wishes to build a new gas compression installation to provide energy for its manufacturing processes. An explosion in the installation could affect the public and a nearby railway line. In view of this the employer has been told that a qualitative risk assessment for the new installation may not be adequate and that some aspects of the risk require a quantitative risk assessment. (a) Explain the terms ‘qualitative risk assessment’ AND ‘quantitative risk assessment’.

Back 7

Qualitative risk assessment involves the use of informed subjective judgements to arrive at a broad measure of risk. Following a comprehensive identification of hazards, broad categories are used to classify the likelihood of the hazards being realised and the severity of their consequences. The categories may be descriptors or numbers. Most everyday risk assessment is qualitative. Quantitative risk assessment on the other hand is a numerical representation of the actual frequency and/or probability of an event and its consequences. It often involves comparison with specific criteria and is objective.

Front 8

An employer wishes to build a new gas compression installation to provide energy for its manufacturing processes. An explosion in the installation could affect the public and a nearby railway line. In view of this the employer has been told that a qualitative risk assessment for the new installation may not be adequate and that some aspects of the risk require a quantitative risk assessment. (b) Identify the external sources of information and advice that the employer could refer to when deciding whether the risk from the new installation is acceptable.

Back 8

Tolerability of risk criteria (unacceptable, tolerable, broadly acceptable region); HSE or industry guidance which sets risk control standards for the type of installation concerned, competent consultants with relevant experience and other organisations with similar installations. Insurers may also influence the risk tolerability decision by indicating their willingness or otherwise to provide insurance.

Front 9

An employer wishes to build a new gas compression installation to provide energy for its manufacturing processes. An explosion in the installation could affect the public and a nearby railway line. In view of this the employer has been told that a qualitative risk assessment for the new installation may not be adequate and that some aspects of the risk require a quantitative risk assessment. (c) A preliminary part of the risk assessment process is to be a hazard and operability study. Describe the principles and methodology of a hazard and operability (HAZOP) study.

Back 9

Identify deviations from intended normal operation; best used at the design stage or when modifications are proposed for an existing installation; requires team approach with specialists from relevant disciplines; team leader; define scope of the study, break down process into elements; collect data and information to support the study; adopt brainstorming approach; use of phrases - “no” (negation of the design intent), “more” (quantitative increase), “as well as” (qualitative increase) and “other than” (complete substitution); examines possible causes and consequences of each deviation; identifies possible corrective actions; documented and recorded.

Front 10

(a) Organisations are said to have both formal and informal structures and groups. Outline the difference between ‘formal’ AND ‘informal’ in this context.

Back 10

Formal structure or group is hierarchical - shown in an organisational chart; categorised by defined responsibilities; & agreed reporting lines. Informal structure is categorised by social and personal relationships, habitual and related contacts and the presence of strong characters with personality and communication skills that may exert personal influence.

Front 11

(b) The HSE publication ‘Successful Health and Safety Management’ (HSG65) describes a model of safety management in which the ‘organising’ element requires control, co-operation, communication and Competence. Outline, using practical examples, what ‘co-operation’ means in this context.

Back 11

Co-operation - formal consultation arrangements - with safety representatives; direct consultation with employees at team meetings; participation in safety committee meetings; informal consultation on safety issues during day to day discussions with employees. Co-operation - involvement of employees in safety processes - carry out risk assessments; develop systems of work; participate in incident investigations, inspections, audits and monitoring processes; encouraged to report hazards and “near miss” incidents; invited to become members of safety circles for problem solving. Provision of training and development to maximise involvement in health and safety matters.

Front 12

(c) Organisational change can, if not properly managed, promote a negative health and safety culture. Outline the reasons for this.

Back 12

Profile of safety may not be maintained during change; new job responsibilities may not have fully covered safety issues; normal consultation mechanisms and routes may be disrupted; training in safety issues for new job-holders or for new responsibilities may not have been completed; lack of adequate means of communication may compromise trust; poor consultation on change issues may have a negative effect on cooperation; concern about job security could lead to risk taking; redundancy processes or cost reduction measures may produce a perception that the organisation is not concerned with personal well-being; experience /knowledge of risk controls may be lost with changes of personnel; safety implications of changes in personnel or numbers may not have been properly assessed; extensive movement of personnel makes it harder to establish shared perceptions and values; greater use of outsourcing without good control may result in lower safety standards by contractors which may affect the perception of priorities; effects resistance to change.

Front 13

(a) Describe the statutory duties set down in section 6 of the Health and Safety at Work etc Act 1974 in so far as they affect substances for use at work. Your answer should contain a description of the duty holders and the duties concerned.

Back 13

Section 6 HSWA - manufacturers, importers and suppliers of substances for use at work to ensure so far as is reasonably practicable, that they are safe and without risk to health when being used, handled, stored or transported; to carry out any necessary testing and examination to ensure the required level of safety and freedom from risk; to provide those supplied with information on risks to health, on the relevant tests that have been carried out and on conditions for the safe use of the substance; and to provide information to those supplied on conditions for the safe disposal of the substance and with revised information should a subsequent serious risk become known. The duty holders also have an obligation to carry out research to discover ways of eliminating or minimising any risks to health or safety arising from the use or disposal of the substance.

Front 14

(b) (i) Outline the key legal duties that an employer has towards employees under the Health and Safety at Work etc Act 1974 and the Sex Discrimination Act 1975 in respect of the use of a substance that may cause harm to an unborn child. A discussion of practical control measures is not required.

Back 14

HSWA section 2(1) - employer’s to ensure the health, safety and welfare of his employees; section 2(2)(b) duty to ensure the absence of risks to health in connection with the use and handling of substances; section 2(2)(c) provision of information, instruction, training and supervision. Sex Discrimination Act - employer may not treat an employee less favourably on the grounds of gender; however, discrimination is not unlawful if it is necessary to comply with the requirements of HSWA though it will need to be shown that there is no reasonably practicable alternative method of providing adequate protection.

Front 15

(b) (ii) State the legal action that an employee may take if they feel that they have been subject to unfair sex discrimination. State the outcomes that may result including the routes of appeal.

Back 15

Bring a complaint to an Employment Tribunal; outcome could be the award of compensation, recommendations & declaration of rights. Routes of appeal - Employment Appeal Tribunal and thence to the Court of Appeal Civil Division in England and Wales

Front 16

A small food company imports and blends natural ingredients, many in powder form. This creates a dusty environment but, since the company believes that the ingredients are inherently safe, the only means of controlling dust levels is by natural ventilation. An employee of the company has recently been diagnosed as severely asthmatic. He claims that he informed the company on starting employment that he suffered from chest problems but no masks were provided or further precautions taken. He also claims that his symptoms have considerably worsened during his three years with the company. Explain, with the aid of appropriate case law, the legal actions that might be available to the employee in a claim for compensation against his employer, clearly showing what he would need to prove for the actions to succeed.

Back 16

Claim both for negligence and breach of statutory duty.
Breach of the common law duty of care - duty of care owed due to employer/employee relationship; duty breached - employer failed to take reasonable precautions to protect the health of the employee - reasonably foreseeable -dust would cause or exacerbate respiratory problems; and breach of duty caused damage which would have to be substantiated by medical evidence. Wilsons and Clyde Coal Co v English or Paris v Stepney Borough Council with respect to the special duty to vulnerable persons.
Breach of statutory duty - the duty & the breach -the employer was the duty holder; claimant was within the class of persons the statute was designed to protect; harm caused was of the type that the statute was designed to prevent; the damage was due to the breach & the statute allowed action since it was not statute barred.
Breach of statutory duty - MHSWR - no risk assessment had been carried out (Reg 3): arrangements made for health and safety were inadequate (Regs 4 and 5); no health surveillance had been provided (Reg 6); there had been a failure to provide information to employees on the risks to their health and safety (Reg 10). COSHH -employee would need to prove initially that the dusts were substances hazardous to health as defined; point to the failure of the employer to carry out an adequate assessment (Reg 6); provide adequate controls such as ventilation (Reg 7); carry out monitoring (Reg 10); to provide health surveillance (Reg 11); and to provide adequate information, instruction and training (Reg 12).

Front 17

Explain the benefits of: (a) an integrated health and safety, environmental, and quality management system;

Back 17

Team approach; Improved and/or equal culture for all standards/disciplines; Reduction in costs -Combined audits -Less duplicates -Same format used; Combined information systems; Equal influence; Holistic approach to risk management; Equal business priority

Front 18

Explain the benefits of:(b) separate health and safety, environmental, and quality management systems.

Back 18

Existing systems may work well; one discipline may require a more complex system to meet business needs; Health & Safety / Environmental have a minimum legal requirement; Potential loss of professional disciplines required; Customer demand -ISO/OHSAS required -Complex auditing; Business exposure during integration period; Resistance to change