GC1 Flashcards
Exam questions
Outline meaning of the terms:
Health
Safety
Welfare
Health - absence of disease or ill health, either physical or psycholical, which could be caused by asbestos fibres or stress respectively.
Safety - the absence of risk of serious injury, which may be caused by work place hazards such as chemicals or WAH
Welfare - access to basic facilities to allow comfortable environment, such as toilet, wash, drinking water for example.
Identify 8 costs when an employee is off sick due to work related illness
Agency staff cover rates Training of the cover staff - takes others time Loss of productivity Impact on team morale Rehabilitation costs Compensation costs Criminal fines Reputational damage
Outline the purpose of employers liability insurance
Compulsory insurance to ensure that in the event of an employee injury or death, there are funds available to pay them, or their family, compensation.
Identify possible uninsured costs after a work place accident
Sick pay for injured workers company reputation damage Impact on morale Investigation costs Training of replacement staff Criminal fines
Outline main features of Civil Law
Civil law is used by the employee to bring an action against the employer with the purpose of being awarded compensation
The burden of proof is on the claimant to prove the case on the balance of probabilities.
If successful the compensation can be covered by the employers liability insurance
Common law can be used in the civil courts to show there is precedent from previous judgements.
Outline the main features of the Criminal Court
Criminal law is concerned with punishment of the company and cases are brought by the state against for breach of statute health and safety law.
There is usually a time limit after an incident or discovery of an illness before which time the state must bring the case
Insurance against criminal fines or penalties is not available.
The burden of proof is on the state to prove the case beyond reasonable doubt.
Identify the main common law duties of an employer and Give and example of how each can be met
A safe place of work and safe access to and from it
Eg - a rooftop work site should be fitted with guard rails and have either a scaffold or ladder for safe access.
Safe plant and equipment
Eg - Plant and machinery should be maintained in line with manufacturer instructions
Safe Systems of Work
Eg - Procedures and risk assessment should be in place for safe use of a lathe in a work shop
Safe and competent workers
Eg - Provide a competence matrix for each role and ensure all those carrying out the role are fully competent.
Outline ways and MD can demonstrate commitment to improving health and safety culture
Leading by example, ensure he sets the standard and has the best safety culture in the company
Safety audits are a visible way of showing commitment, attend 1 a week for example and ensure he speaks to the work force when out on tour
Inviting ideas from the work force and being open to change. Ensure that good ideas are implemented and communicated to the team.
Being seen to enforce the rules and have a just cause culture where it is known that there are consequences to taking short cuts
Being involved in day to day safety and attending daily meetings in different departments, safety committee meetings etc
Outline the powers of a health and safety investigator when investigating an accident/ incident
To enter the premises, at any reasonable time. This will be unannounced and they may require escorted around hazardous areas
To interview any person who may assist the investigation - statement will need to be written and signed and dated
To have access to facilities to complete their duties - which may include an office, a desk, a computer/ power supply etc.
To take along technical assistance as they see fit - who they think are required to assist their investigations.
Identify 3 agencies who have the power to prosecute under health and safety legislation
Health and Safety Executive
Local authority environmental health
Fire and rescue authorities
Identify 2 types of enforcement notice and conditions which must be satisfied before they are served
Prohibition notice - will be served when the inspector believes there is a risk of serious personal injury, there does not necessary mean a breach of health and safety regulations.
Inhibition notice - will be issued when the inspector believes there believes there is an ongoing breach of health and safety regulations, or has been a breach and it is likely to be repeated, and also believes that there is NOT a risk of serious personal injury.
Give the meaning of negligence
First of all there must be a duty of care due by the duty holder, under the health and safety at work act or other regulation. It must also be the case that the duty holder has been negligent in this duty and has not fulfilled its intent.
Outline the defences for negligence
No duty was owed - the duty holder did not owe the defendant a duty of care and therefore did not have to consider them
Duty of care was not breached - the defendant did everything reasonably practicable to keep the claimant safe
No injury or loss as a result of the breach - the injury or loss cannot be substantiated or linked directly to the breach
Contributory negligence - the defendant claims that others should shoulder some of the responsibility for the claim - and hence the claim. This could be the claimant or another party.
Facts of the case are disputed - the defendant may have a different version of events from the claimant - with evidence to support.
Volenti non fit injuria - defence that the claimant chose to take part in a dangerous sport or activity, hence accepted the risk (willing volunteer)
Explain when employer may be subject to vicarious liability
Vicarious liability means that the employer can be held accountable for the negligent acts or omissions of his employees, so if an employee is negligent and injures someone then the injured person can pursue the employer for compensation via the civil courts
Explain the term contributory negligence
Partial defence used to claim that a part of the blame for the injury or loss is attributed to someone else, either the claimant or a 3rd party. This would be used to lessen the compensation due.
Director orders untrained person to use a known faulty excavator, someone is injured
Identify possible breaches of the health and safety at work act and give an example of each
AGAINST THE ORGANISATION
Section 2 (2) (a) Safe plant and system of work
The excavator was known to be faulty and the director still ordered it used
Section 2 (2) (c) Information, Instruction, Training, Supervision Employee was ordered to use the excavator even though he had never been trained in its use.
AGAINST THE DIRECTOR
Section 37 - Personal liability of directors and senior managers
The director knew the excavator was faulty and still ordered its use, he can be held personally liable.
Section 7 - Employee duties
The director is an employee and did not take reasonable care of others in his acts and omissions.
Identify 3 categories of person from an organisation section and give an example of a responsibility
Chief executive - overall responsibility for health and safety within the organisation
Directors - embed occupational health and safety and well being as part of service delivery
Line managers - ensure compliance with all relevant procedures and guidelines
Employees - take reasonable care of there own health and safety
Outline the purpose of these sections within an HSE policy:
- Statement of Intent
- Organisation
- Arrangements
The statement of intent is an outline of the commitment to health and safety. It should include coals and objectives and be signed and dated by the person at the top of the organisation
The organisation section indicates the chain of command within the company and includes clear roles and responsibilities for the safety management. it would be normal for an organisational chart to be included in this section.
Arrangements is often the largest section of a policy document and details the general arrangements for managing health and safety, as well as specific arrangements for particular hazards relating to company activities - this is a detailed overview only, not a full procedure or safe system of work.
Explain the meaning of health and safety culture
The way that all people within the organisation feel about health and safety and act towards safety. It could also be defined as the shared values, beliefs and hehaviours of the organisation - there is a strong link between the health and safety culture and the safety performance of the business.
Outline causes of deterioration of a safety culture
Serious incident
leads to heads dropping and focus being lost
A long run of good safety performance
leads to complacency and safety is taken for granted.
Change of leadership
Safety performance starts at the top and the message must always be fed down.
Change in terms and conditions
Can lead to a large turnover of staff and loss of experience, competence and the good safety culture.
Change of work cycle
Can lead to additional stress and fatigue which can affect safety performance.
Financial pressure
An economic downturn can lead to more financial pressure on a business, temptation to cut corners and less focus on safety.
Outline job factors which could lead to poor health and safety behaviours
Task repetition
Can lead to boredom and loss of focus
Task Ergonomics
Can lead to the body being under stress and muscular injuries
Too much work load
Rushing and loss of focus, accidents may occur
Too little workload
Lead to boredom, lack of focus and accidents
Too hot environment
Leading to tiredness, dehydration which can affect focus and physical condition, leading to accidents.
Too noisy environment
Leading to loss of hearing and warning of possible dangers - as well as damage to hearing
Motion
Rough seas on board a ship or vessel can lead to unsecured equipment rolling or moving presenting a constant hazard
Display and controls
Should be ergonomically designed with safety critical controls within easy reach
Outline 2 advantages and disadvantages of noticeboards
They are graphical and therefore do not require everyone to speak the language.
They can re-enforce key messages and are easily updated to reflect any ongoing safety performance issues.
There is no formal feedback from a notice board so no way to know if the message has been received, understood and agreed with.
Poster blindness can become an issue where there are so many posters that the work force do not even notice them any more.
Outline 2 advantages and disadvantages of TBT’s
They are a good tool to drive a safety discussion at the work site on any given safety topic
They can facilitate a free flow of information and 2 way discussion to exchange views and opinions as well as information.
They can become a tick box exercise where there is no real discussion, just a sheet the workforce have to sign before every job etc.
They rely on the presentation skill of the leader. If he does not have the knowledge or cannot pass the knowledge effectively then the TBT will be poor.
Outline rights and functions of trade union appointed safety reps
Investigate potential incidents or accidents within the work place
Can make representations to the employer on safety concerns of the work force, on matters affecting HSE
Have the right to inspect the work place and carry out a safety review or audit
Have the right to represent employees with dealings with the HSE inspectors. HSE inspectors will usually arrange a meeting with reps during a visit.
HSE inspectors will share certain information with the safety reps, which will not be shared with the general work force
Will attend the safety committee meeting and represent their constituents ie the work force.
Outline 2 facilities the employer must give the safety rep
Time to perform their duties which may be for training or to complete actual duties, this should all be in company time.
Facilities to complete their duties, may be an office, desk, computer etc.
