Element 1 COPY

Question 1

What does the management and controlling of risk aim to do?

Answer 1

• Promote and maintain the mental, physical and social wellbeing of employees;
• Protect employees and others affected by an organisation’s activities from risks to their Health and Safety; and
• Establish a management framework to implement policies and achieve continual improvement in Health and Safety.

Question 2

What is the definition of Safety?

Answer 2

Freedom from unacceptable risk of harm.

Question 3

What is the definition of Health?

Answer 3

A state of complete physical, mental and social welllbeing and not merely the absence of disease or infirmity.

Question 4

Name 6 different examples of Safety accidents.

Answer 4

1 - Falls from height: death, broken bones
2 - Slips, trips and falls: sprains, broken bones
3 - Struck by vehicles: death, crush injuries
4 - Struck by an object: crush injuries
5 - Electrical: burns, heart problems
6 - Crushed by a moving part of a machine: broken bones, amputation

Question 5

Name 7 different examples of occupational ill health.

Answer 5

1 - Incorrect manual handling: back injuries
2 - Exposure to chemicals: cancers
3 - Repeated assembly work: repetitive strain injuries
4 - Exposure to glass or sand dust: silicosis
5 - Working with hand held tools: vibration white finger
6 - Exposure to asbestos dust / fibres: asbestosis
7 - Exposure to dusts or chemicals: asthma

Question 6

Give 6 attributes of Safety

Answer 6

1 - Tends to affect individuals by contact with the hazard
2 - Often and obvious danger
3 - The results of an accident are immediate
4 - Foreseeable or known “loss”
5 - Knowledge since the early 1890s
6 - Hardware or safe place solutions are usually visible e.g. guarding, protection of electrics etc.

Question 7

Give 6 attributes of Health

Answer 7

1 - Affects people by exposure to the hazard
2 - Often a “hidden” danger
3 - Ill-health builds up slowly
4 - “Loss” is often difficult to assess
5 - Understanding of some occupational health hazards lag behind, e.g. what triggers an allergic reaction to some substances
6 - Often rely on safe person solutions, e.g. PPE, SSOW etc.

Question 8

What is the definition of Welfare?

Answer 8

Looking after peoples basic needs; toilets, washing facilities, changing facilities, supply of drinking water, rest facilities, first aid etc.

Question 9

What are the internal pressures that could affect H&S?

Answer 9

1 - H&S vs other business priorities and objectives
2 - Safe behaviour vs cutting corners for speed
3 - The organisations culture vs peer group pressure
4 - Competing business units with seperate budgets, which fail to co-operate

Question 10

What are the external pressures that could affect H&S?

Answer 10

1 - The expectations of society
2 - Legal requirements
3 - Client requirements for fast completion of a project

Question 11

Name 7 business reasons for managing H&S

Answer 11

1 - Reduced loss through damage and injury
2 - Reduced absenteeism
3 - Reduced insurance premiums
4 - Improved morale
5 - Improved company reputation
6 - Reduced litigation/legal costs, fines, compensation payments
7 - Increased likelihood of securing future business

Question 12

Name the 3 main arguments for managing H&S

Answer 12

1 - Moral
2 - Legal
3 - Financial

Question 13

Expand on the Moral reasons for managing H&S

Answer 13

• Employees are prime assets to an organisation and Employers have a moral obligation to prevent suffering and loss of life
• Society expects good standards of H&S to be achieved in the workplace
• Accidents and ill-health affect morale and productivity

Question 14

Expand on the Legal reasons for managing H&S

Answer 14

• UK H&S law sets minimum standards for organisations to meet in order to control risk.
• Requires active management - not just compliance
• H&S laws are “goal setting” - the employer must develop effective ways of meeting their responsibilities and targets

Question 15

What are the two branches of law?

Answer 15

Criminal law and Civil Law

Question 16

Give an explanation of Criminal Law

Answer 16

Where the minimum legal standards are not met, the enforcing authority may prosecute the offender in the criminal courts in order to establish guilt.

Question 17

Give an explanation of Civil Law

Answer 17

Where an individual suffers loss (injury, ill-health or death) the victim or their dependants may sue for damages in the civil courts.

Question 18

What is the purpose of the HSE Public Register?

Answer 18

When the HSE prosecute companies and individuals for breaches of H&S law, or serve an order for organisations to make improvements or stop processes, the details are recorded on the HSE Public Register. The aim in to provide information but to also “name and shame” organisations.

Question 19

Expand on the Financial reasons for managing H&S

Answer 19

Work related accidents and ill-health cost both time and money. Insurance does not cover all of the costs arising from accidents and ill-health.

Question 20

What are the direct costs that are not covered by insurance?

Answer 20

1 - Lost time
2 - Sick pay
3 - Damage or loss of product and raw materials
4 - Repairs to plant and equipment 
5 - Clearing the site
6 - Fines
7 - Legal costs
8 - Excess on any claims
9 - Increased insurance premiums

Question 21

What are the indirect costs that are not covered by insurance?

Answer 21

1 - Extra wage, overtime pay, temporary workers
2 - Investigation times
3 - Production delays
4 - Loss of contracts
5 - Loss of business reputation

Question 22

What are the 3 kinds of workplace accidents and ill health that the HSE’s Economic Appraisal Unit give unit costs to?

Answer 22

1 - Fatalities
2 - Non-fatal injury accidents
3 - An average case of ill health

Question 23

What are the 3 component unit costs of an incident?

Answer 23

1 - Human costs
2 - Cost of lost output
3 - Resource costs

Question 24

What are the 7 main measured costs of an incident?

Answer 24

1 - Dealing with the incident
2 - Investigation of the incident
3 - Getting back to business
4 - Business costs
5 - Action to safeguard future business
6 - Sanctions and penalties
7 - Other e.g. solicitors costs

Question 25

What are Fees For Intervention (FFI) ?

Answer 25

If a HSE inspector sees material breaches of the law when visiting an organisation, the organisation will have to pay a fee. The fee is based on the amount of time the inspector has to spend identifying the breach, helping the organisation put it right, investigating and taking enforcement action. FFI only applies to organisations inspected by the HSE.

Question 26

What is the FFI hourly rate?

Answer 26

£124

Question 27

For organisations that are investigated by the HSE, which 3 are exempt from FFI?

Answer 27

1 - Self employed people who do not put people at risk by their work
2 - Those who are already paying fees to HSE for the work through other arrangements
3 - Those who deliberately work with certain biological agents.

Question 28

What is a material breach?

Answer 28

Where the organisation has broken health and safety law and the inspector judges this is serious enough for them to notify the organisation in writing. This will either be a notification of contravention, an improvement or prohibition notice, or a prosecution.

Question 29

Why has there been a significant increase in Employers’ liability insurance over recent years?

Answer 29

Mainly to do with compensation claims from long term health damage such as occupational deafness and respiratory disease.

Question 30

What did insurance premiums historically fail to anticipate?

Answer 30

1 - Improved medical diagnosis to relate diseases to work activity
2 - increased public awareness and readiness to claim compensation for loss
3 - Increased settlements to reflect the true losses suffered

Question 31

What is the definition of Law?

Answer 31

“A rule of human conduct, imposed upon and enforced among the members of a given state” - essentially rules that aim to regulate the behaviour of society.

Question 32

Who/what does a civil case involve action against?

Answer 32

An individual/body

Question 33

What is a crime an offence against?

Answer 33

Society and the state

Question 34

What is the aim of Civil Law?

Answer 34

To compensate an injured party for loss suffered as a consequence of an accident, ill-health or death.

Question 35

What is the aim of Criminal Law?

Answer 35

To punish and deter individuals/organisations from behaving in a way that society has decided is unacceptable.

Question 36

What is another word for a “Civil Wrong?”

Answer 36

A tort

Question 37

What are the civil courts?

Answer 37

County or High Court

Question 38

What are the criminal courts?

Answer 38

Magistrates or Crown Court.

Question 39

What is required for a Civil case in order to take action?

Answer 39

A loss.

Question 40

Is a loss necessary for action to be taken in a Criminal case?

Answer 40

No - it requires the law to be broken but it isn’t necessary for a loss to have occurred.

Question 41

What are the sources of law?

Answer 41

Common Law and Statute Law.

Question 42

Explain what Common law is

Answer 42

Common Law is based on precedent e.g. decisions made in similar circumstances in previous cases. The Judge may refer to previous cases and follow the rules established by them.