Foundation In health & Safety Flashcards
Define health
Health relates to the physical condition, of both body and mind, of all people at the workplace (employees, contractors and visitors) and their protection from harm in the form of injury or disease.
Define Safety
Safety relates to the conditions at the workplace and applies to the pursuit of a state where the risk of harm has been eliminated or reduced to an acceptable level.
Define Welfare
Welfare relates to the general well-being of, primarily, employees at the workplace and the promotion of conditions which help to provide for their needs in respect of health, comfort, and social and personal well-being. This broader concept of welfare is not
a specific concern of health and safety at work, but effective health and safety measures may contribute to the conditions which promote it.
Three words why an organisation should manage H&S
• Moral (or humanitarian).
• Legal.
• Economic (or financial
Give examples of how society expectations can result in higher standards of Health & Safety
Legal cases indicate how requirements such as “safe place of work” change over the years and act as drivers for an increasing standard of health and safety in the workplace.
• Better staff may only work for employers with high standards of health and safety.
• Widespread access to the media ensures that standards of best practice in the workplace are well known by everyone and therefore establish the norm that people at work expect.
Direct costs cost that might arise from a work place accident
Direct costs: damaged product, repair or replacement of damaged equipment, worker sick pay, production downtime, first aid treatment costs, overtime.
Indirect cost that might arise from a work place accident
Indirect costs: low worker morale, damaged business reputation, high staff turnover and associated recruitment costs.
What is the legal status of regulations
Regulations are passed by parliament and are statutory instruments with full legal status.
What is the legal status of an Approved code of Practice (APoP)
ACoPs have special legal status and give guidance
on how to comply with the duties set out in HSWA and its associated regulations. They do not lay down legal requirements, but not complying with them may be taken as evidence that the law itself is not being complied with, unless it can be proved that compliance with the law has been achieved in some other way that is at least as effective.
What is the legal status of HSE guidance notes
The information contained in HSE guidance notes is purely advisory and has no legal status.
What is the difference between criminal and civil law in the remedy sought
The criminal law seeks to punish the wrongdoer (through fines or imprisonment) whilst the civil law seeks restitution for the wrong done, in the form of damages for losses suffered.
What is the difference between criminal and civil law in The burden and standard of proof
Under criminal law, it is for the prosecution to prove the case beyond all reasonable doubt, whereas under civil law it is for the claimant to prove their case on the balance of probabilities.
What is the difference between criminal and civil law in Who starts the legal action
Criminal actions are brought on behalf of the state. Civil actions are brought by the aggrieved person.
Explain the principle of judicial precedent
Judicial precedent requires that an inferior court must always follow the decisions of a higher court. Once a judgment has been made in a particular case, that decision will apply in any future cases which match the particular circumstances of the first. Cases which set precedents are invariably determined by the highest courts in the legal system (primarily, the Court of Appeal and the Supreme Court).
What is deligated legislation
Regulations (which have the full force of statute law) made under powers given to the Secretary of State (Government Ministers) by Act of Parliament (such as HSWA).
What are the common Law duties of employers
The common law duties of an employer are established by case law (principally Wilsons and Clyde Coal Co. Ltd v. English (1938) ). The employer has a common law duty to provide:
• A safe place of work with safe access to and from it. • Safe plant and equipment.
• A safe system for doing the work.
• Safe and competent workers.
• Appropriate supervision, information, instruction and training.
What is the difference between an Improvement Notice and a Prohibition Notice
Prohibition Notices are served in anticipation of danger (risk of serious personal injury) when an inspector is of the opinion that imminent danger exists or will be created in the future.
Improvement Notices are served where a contravention of health and safety law is taking place, or has taken place, and is likely to continue (but is not necessarily dangerous). Prohibition notices do not have timescales allocated, but Improvement notices do – a deadline is set by which the improvement must be made
Does an appeal against enforcement notice suspend the notice
For an Improvement Notice, an appeal has the effect of suspending the operation of the notice until the appeal is heard or withdrawn. For an appeal against a Prohibition Notice, the prohibition remains in force (unless the person appealing applies for the notice to be suspended and the tribunal gives permission).
What role do employment tribunals have in Health and Safety
Employment tribunals hear appeals against enforcement notices (they also hear appeals from safety representatives who feel that their rights have not been upheld by their employer).
What are the test of negligence
The three tests are:
• That the defendant was under a duty of care to the claimant (injured party).
• That the duty had been breached.
• That the claimant suffered damage as a direct result of
the breach.
What is the relationship of the Health & Safety regulations to the HSWA
HSWA is an enabling Act and describes only general duties. The detail of what these duties involve is provided by the various regulations. These regulations are made under the Act.
What are the two main enforcement agencies for Health & safety under HSWA in the UK
The Health and Safety Executive and the Local Authorities for low risk places of work such as hotels and offices
Identify four powers of inspection under section 20
To enter premises at any reasonable time
To take samples of articles or substances and of atmosphere
Take pictures , carry out any necessary examination and investigations
To direct that premises whole or part or items within the premises are left undistrusted
Why may H&S not be seen as a priority by the management of an organisation.
Health and safety has to compete with other management priorities, particularly those associated with the production of goods and services which is the basic rationale of an organisation. It may be seen as an unproductive cost which conflicts with the requirement to keep costs low.
What is the difference between an absolute duty and a qualified duty, and how may a duty be qualified
Absolute duties are those which have to be complied with at all times and in all circumstances – whoever has the responsibility of compliance has no choice about it. The word shall is used to impose an absolute duty.
Qualified duties only have to be complied with under certain conditions:
• •
‘Where practicable’ means where it is technically possible, and
‘Where reasonably practicable’ means where the level of risk justifies the cost (measured in time, trouble and money) of reducing the risk.
State the general duties of employers to employees under section 2 of the health & Safety at work act 1974
Under Section 2 of the Act, a general duty (2(1)) is placed on the employer “to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”.
The employer’s specific duties (2(2)) to his employees are to provide:
• Safe plant and systems of work.
• Safe use, handling, storage and transport of articles and substances.
• Information, instruction, training and supervision.
• A safe workplace and safe access to it and egress from it.
• A safe working environment with adequate welfare facilities.
Explain the meaning of the phrase “ so far as is reasonably practicable
The phrase “so far as is reasonably practicable” means that the degree of risk must be assessed against the sacrifice involved in introducing control measures to eliminate or control the risk. This sacrifice can be measured in terms of financial cost, time and effort. If it can be shown that there is gross disproportion between the risk and the sacrifice then the sacrifice does not have to be made.
State the duties of the employees under the HSWA
The employees’ duties under HSWA (Section 7) are to:
• 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.
• Co-operate with the employer to enable compliance with legal requirements.
(You could also argue that an employee is covered by the general prohibition in Section 8 not to interfere with things provided for health and safety.)
What specific types of procedures must the employer develop under MHSWR
Procedures to deal with serious and imminent danger.
Define a hound person
A person under the age of 18 years
State the legal duty of recording risk assessment
A risk assessment must be recorded where there are 5 or more employees
List the criteria that might be used to assess the suitability of a contractor to undertake work on behalf of a client
Their health & safety policy
Examples risk assessment
The qualifications of staff Membership of professional organisations Test and maintenance records of plants and equipment References Accident history Enforcement action history Adequate resources Insurance
What types of construction project are notifiable projects
Where phase is planned to:
Last over 30 working days and involve20 or more workers at any one time , or involve more than 500 worker days
What are the main duties of the following parties under the cDM regulations
a) the client
B) the principal Designer
C) the principal contractors
Suitable designer and contractors
Adequate pre- construction information provided
Principal designer and principal contractors carry out their dutyphase plan for projects is prepared before work
H&S file prepared
Suitable welfare facility
List the criteria that might be used to assess the suitability of a contractor to undertake work on behalf of a client
Their health & safety policy
Examples risk assessment
The qualifications of staff Membership of professional organisations Test and maintenance records of plants and equipment References Accident history Enforcement action history Adequate resources Insurance
What types of construction project are notifiable projects
Where phase is planned to:
Last over 30 working days and involve20 or more workers at any one time , or involve more than 500 worker days
What are the main duties of the following parties under the cDM regulations
a) the client
B) the principal Designer
C) the principal contractors
Suitable designer and contractors
Adequate pre- construction information provided
Principal designer and principal contractors carry out their dutyphase plan for projects is prepared before work
H&S file prepared
Suitable welfare facility
Vicarious liability
Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.
3 levels of statutory duty and definitions
.Absolute - The employer MUST comply with the law , legislations use of verbs ‘must and shall’
.Practicable - The employer MUST comply if it is technically possible. Difficulty, inconvenience or cost CANNOT be taken into account
.Reasonably Practicable - if the risk is small compared with the cost, time and effort to reduce the risk then no action required
Health & safety at work act 1974
Section2
Duties of employers to Employees
HSWA Section 3
Duties of employer to others affected by their undertaking
Contractors, General public, visitors, patients, students
HSWA Section 4
Duties of landlords or owners
HSWA Section 7
Duties of employees
HSWA Section 8
No persons to misuse anything provided for health and safety requirements
HSWA
Employees can not be charged for health and safety requirements
5 Steps of risk assessment process
1 hazard identification 2 person's at risk 3 Evaluation of risk detail risk controls 4 Record of risk assessment findings 5 monitor and review
Hierarchy of risk controls
Eliminate the hazard Substitute with less hazardous materials, processes, operation or equipment Engineering controls Administration, controls ie safety signs PPE
Eliments of HSG65
.Plan
. Do
.Check
.action
OHSAS 18001
The Occupational Health & Safety & Safety Management Standards
. Occupational H & S policy .Planning .Implantation & Operations .Checking & corrective action .Management Review .Continual improvement
MHSWR 10
Information for employees
H&S risks
Preventative control measures
Emergency procedures
MHSWR 5
H &S ARRANGEMENTS
Employer must make H&S arrangements for effective planning, organisation , control, monitoring & review or preventive and protective measures
Must be recorded is 5 or more employees
MHSWR 7
H&S ASSISTANCE
Employers must appoint 1 or more competent persons to assist with health & Safety law
MHSWR 3
RISKS ASSESSMENT
Must cover employees
Must be recorded if 5 5 or more
Must be reviewed
MHSWR13
CAPABILITIES & TRAINING
Must provide adequate training to new staff or when employees are exposed to new or increased rish
MHSWR 12 &13
Information for other workers
MHSWR14
Employees must follow instructions inform employers of any incidents
