Exam Questions Flashcards
Grounds for appeal against improvement notice
section 33
wrong interpretation
breach is admitted but not RP or P to remedy
breach is insignificant
options at employment tribunal after appeal against improvement notice
uphold
with or without Mods
extension of time
cancel notice
explain how domino theory could structure an investigation
Bird and loftus looks at role of management
events
Lack of control by management >
permits basic causes (personal and job factors) >
immediate causes >
Accident >
effect: Loss (Negligable, minor, sever, or catostophic)
any one missing and no effect
Factors when selecting contractors
Experience, reputayion, references quality of policies Quality of RA training/qualifications accident history equipment standards Control methods
Contractors working in office space
outline measures
MHSWR Reg 11 duty to communicate in shared space consult employees PPE relocate if possible barriers noise electricity welfare facilities sign in procedures security
Organisational and planning issues addressed in developing an in house auditing programme
cost Frequency Benchmarking Competency of auditor Assess effectiveness Rating system Human factors Communication who involved Training Documentation RAs and PTW Records kept How data analysed How findings are communicated HSG65 Policies SOW Maintenance employees welfare
Statutory duties in section 6 HZWA With regards to substances
Manufac. Importers and suppliers need to
Ensure-
Safe to use, handling, storage, transport
Don’t pose health risk
Provide information in risks and con measures
Safe disposal
Changes must be communicated
Research
Accidents after new machines installed and shift pattern changed
Individual
Job
And organisational factors
Individual- morale, training, shift work, tiredness, skills not matched, satisfaction with new role
Job - protection, safeguards, pep, manufacturer instructions, ergonomics, complexity
Organisation - policy, standards, planning, communications, responsibility clearly defined, monitoring
active and reactive H&S performance monitoring
Active Specialist staff policy Training Extent of compliance, audits RA H&S meetings
Reactive Sickness and absencefatalities Disease Near misses Damage only accidents LTA Dangerous occurrences
prohibition notice When served? Timescale of appeal Legal criteria for prosecution maximum penalties
Risk of serious personal injury
21 days, suspend until appeal, only if tribunual agrees
Either way offence, beyond RD, counter to improvement notice
Magistrates - fine, 6months
Crown - fine 2years
factors effect on visual perception of dangers
Sensory defect Overload of information Expected memory- stress alcohol drugs fatigue Mindset Perception Physical stressors Limited knowledge
general principles of prevention reg 4 schedule 1
A-I
A-void B-evaluate C-ombat risk D-design to individual E-evolve with technical changes F-ewer dangers than before G-overn with policy H-higher priority to collective measures I-Instruction
3 different types of control measure
Technical- design, machine, safeguards
Procedural - policy, RA, ptw
Behavioural - education, training, culture
external bodies that influence H&S and how
Parliament/HSE - legislation
Enforcement agency - advice, prohibition notices
Tribunal- prosecution
Contractors- cut corners, New standards
Trade union- support legal action, pressure groups, publicity, courses
Insurance- premiums
Public - opinions
H&S consultation with employees regs 96
How a company complys and functions
Consult employees through elected rep or directly
Rep -
Spot hazards
General HAS matters
Reps employees to Enforcing with
Rights
Time off with pay for
Functions
Training
Consulted on Introducing measures Appointments of HAS assistants HAS info Training New tech RIDDOR
CMCHA
Legal criteria for conviction
Bodies who investigate and prosecutes
Penalties for convuction
Controlling mind identified
Defendant in breach of DOC
Caused death
Breach charictarised as Gross negligencE
police, Crown prosecution service
Unlimited fines
vicarious liability
Case law
Employer responsible for negligent acts of employees
Provided
In course of employment
Not on “frolic of own” (Smith vs Crossley bros limited)
Why might a PTW system not be followed correctly
Controls poorly defined Hazards not understood Poor understanding of system Poor understanding of procedures poor design of Permit Poor supporting system within company Lacks detail Overly complex Lack of training Responsibility not delegated No procedure for implementation
passing stop sign Type of error Not perceived correctly sign Unaware of previous incident No training or Information on route Signal obscured and sunlight reflecting Non standard light Previous lights Go no expectation of stop
Not perceived correctly sign
Unaware of previous incident
Knowledge based mistake -insufficient knowledge
No training or Information on route
Knowledge based mistake
Signal obscured and sunlight reflecting
Sensory defect
Non standard light
Expected memory
Rule based mistake- non routine
Previous lights Go no expectation of stop
Knowledge based
Rule based mistake
Disabled person returning to work refused
Liabilitys? Advice to MD?
Make reasonable adjustments
Under equality act 2010
Prove its unsafe
Remedies, reinstatement, rengagement, compensation
Limitations of internal sources RA
Accidents can be rare
Limited data
Poor reporting culture
General damages vs special damages awarded for negligence
General pain, injury, loss of enjoyment of life, inconvenience
Special, hospital, medical bills, earning, future earnings
why use multi causal theory?
Limitations?
Considers multiple causes lead to accident
Inc. managerial, cultural, organisational
Thorough accident investigation
Get deep into route causes
limits-
Complex
Time and resources
principles & Technique of FTA
Used to trace events that contribute to accident
Used in accident invest and RA
Top down Start at undesired event Draw immediate causes Draw causes of immediate causes Draw until primary/basic failures Uses And\Or gates to link failures Quantifies
Practical methods of change
Planning and communication Strong leadership Step by step approach Employee engagement Training Inventive performance scheme Feedback
explain active health monitoring
Check h&s plans implemented Monitor compliance with, Organisations systems Legislation Technical standards
Once identified take steps to remedy
explain reactive health monitoring
Analyse data Accidents Ill health Loss cause events Other factors
Meaning of
Ergonomics
Anthropometry
TAsk analysis
Fitting job to the man, rather than adapting to the job
Human measurement, adaptable machines to all sizes
Break down task to steps, examine how humans interact with system identify better way
Improve human, job, organisation reliabilty
Human
Incentive, rewards, satisfaction, appraisals, skills match, training,fitness, support
Job
Ergonomics, design, physical stressors,fatigue
Organisation
Policy, planning, standards, information, monitoring, responsibility, communication
Key Features of H&S Policy documents
Objectives - Accidents, compliance, targets
Human Rss Support
minimise financial loses
accidents are everyones fault (management and Employees)
develope culture
quality initiatives
