Health and Safety 3 Flashcards

1
Q

What is the HSE organisation?

A

Health and Safety Executive, the national independent watchdog for work-related health, safety and illness. It acts in the public interest to reduce work-related death and serious injury across GB workplaces.
executive non-departmental public body

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2
Q

What is HSE sponsored by?

A

Department for Work and Pensions

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3
Q

What is health and safety all about?

A

everyone has a right to come home safe and well from their job. Prevent work-related death, injury and ill health.

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4
Q

Why we should manage H&S?

A

Moral
financial
professional
legal

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5
Q

What are the Moral reasons for managing H&S?

A
  • right thing as a responsible employer or employee
  • learn from incidents: review and improve risk assessments
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6
Q

What are the financial reasons for managing H&S?

A

Claims against the employer are usually fewer
insurance premiums
costs of an accident are high

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7
Q

What are the legal reasons for managing H&S?

A

Health and Safety at Work Act 1974
Management of Health and Safety at work regulations 1999
Reporting of Incidents, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 (2013)
Lots more

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8
Q

What are the professional reasons for H&S?

A

duty of care set out by our regulatory body
unsafe working practices may result in claims of clinical negligence if patients are affected
within the RCVS practice standards scheme, H and S is a component parts and will be inspected

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9
Q

What are the two types of law you need to be aware of?

A

criminal and civil law

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10
Q

Whats’ the difference between criminal law and civil law?

A

Criminal law: covers crime or offences (acts of breaking the law)
Civil law: disputes between individuals

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11
Q

What is Criminal Law?

A

crimes and offences
accused is initially presumed innocent until the prosecution proves guilt beyond reasonable doubt
crown court with judge and jury
fine, imprisonment and criminal record

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12
Q

What is Statutory law

A

In statutory law= the burden of proof is on the prosecution. The defendant needs to demonstrate they did what was required.
what they did was reasonably practical and there were unforeseen circumstances that lead to the situation.

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13
Q

What is civil law

A

Disputes between individuals.
the county court in front of a magistrate, and some cases go to the high court, if severe
claimant= looking for compensation
burden of proof is with the claimant

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14
Q

What happens if someone is killed at work?

A

prosecuted as manslaughter or murder

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15
Q

someone criminally responsible for a death at work?

A

if an individual is responsible then yes, could be corporate manslaughter or corporate homicide (act 2007) when serious management failures happen.
company in breach of ‘Duty of Care’

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16
Q

What is the legal offence and who could be prosecuted?

A

manslaughter or murder
sometimes an individual is to blame, criminal laws apply.

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17
Q

What is strict liability?

A

absolute duty: must and shall
must control risk in the workplace.

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18
Q

What is practicable?

A
  • if it can be done, it will be done
  • implies that no option but to comply
  • will lead to prosecution if not done
  • some degree of reason may be considered as well as ‘custom and practice’
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19
Q

What is reasonably Practicable?

A
  • balanced analysis of cost/ benefit
  • best under the circumstances
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20
Q

Do Practicable and reasonably practicable need to be written down?

A

Yes! paper or electronically.

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21
Q

How do we know what is against the law?

A
  • Strict liability
  • Practicable and Reasonably Practicable
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22
Q

What does ACOPs stand for?

A

Approved Codes of Practice

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23
Q

What does SOPs stand for?

A

Standard operating procedures

24
Q

What’s the difference between ACOPs and SOPs?

A

ACOPs: high-risk activities
SOPs: more local dependent on local facilities

25
Q

When would SOPs and ACOPs change?

A

Circumstances, equipment and legislation changes

26
Q

Example of something that changed in the Veterinary field?

A

working with ionising radiation Jan 2018, had to register with HSE that they were complying with the new legislations.

27
Q

Powers of HSE:

A
  • the independent regulator of health and safety
  • inspectors that inspect businesses proactively as part of regular inspections and in the event of an incident
28
Q

What can HSE inspectors do?

A
  • access to the workplace at any time without a warrant
  • will employ police to assist in the execution of the inspector’s duty
  • may take equipment or materials from the premises
  • will conduct investigations
  • may direct that locations remain undisturbed for as long as seen fit.
  • take measurements, photos, samples, order removal and testing, take statements, records and documents.
  • may require provision of facilities needed to assist the inspector in an inquiry
  • require the business to do anything else required to assist the inspector
29
Q

What insurances would a business have to have?

A

employer’s liability insurance
public liability insurance

30
Q

What specific insurance would a Vet business hold?

A

Professional Negligence Insurance

31
Q

What are the two legislations you need to take into account?

A
  1. Health and Safety at Work Act 1974
  2. Management of Health and Safety at Work Regulations 1999
32
Q

Other regulations to be aware of:

A
  1. The Regulatory Reform (fire safety) Order 2005
  2. RIDDOR 2013
  3. Provision and Use of Work Equipment Regulations
33
Q

What does HSWA 1974 cover?

A

Occupational health and safety in GB
HSE and local authorities are responsible for enforcing the Act

34
Q

What does the MHSWR 1999 cover?

A

Manage Health and Safety using various regulations

35
Q

What places of work come under HSWA 1974?

A

all places of work, including domestic

36
Q

Who is responsible for HSWA 1974?

A

Places responsibility on the employer, employee and self-employed

37
Q

What part of HSWA 1974 do vets need to follow?

A

Section 2:
- safe plant and systems of work
- safe handling, storage, maintenance and transportation of work articles and substances
- information, instruction, training and supervision
- safe place of work with safe access and egress
- adequate welfare facilities

38
Q

What is the duty of employers under HSWA 1974?

A
  • Employers must as far as reasonably practicable, safeguard the health, safety and welfare of employees
  • In the event of an offence, the managers might be personally prosecuted if the offence was due to their consent, connivance or neglect.
39
Q

What is the duty of the employee’s under the HSWA 1974?

A
  • Must take reasonable care of their own H and S, and that of others that may be affected by their acts and omissions
  • It is an offence for anyone to recklessly misuse or interfere with anything provided in the interests of H&S or welfare
40
Q

What should be covered in an induction process for all new employees?

A
  • Role and responsibilities
  • Emergency procedures
  • Main hazards
  • Risk assessment
  • Local rules
  • Safe systems of work
41
Q

What duty do we have if we act as a supplier?

A
  • Apply a general duty of care: common law requirement
  • Supply suitable information to staff and owners: drugs, equipment, zoonoses and owner’s safety
  • Ensure equipment supplied is safe for staff use and to go home with owners.
42
Q

What do we provide when we practice veterinary care?

A
  1. Service (animal care)
  2. Medicines and treatments (supplier)
  3. Qualified advice to owners
43
Q

How many employees does a company need before its safety information must be communicated in writing?

A

5 or more employees

44
Q

What does the MHSWR state?

A

clear responsibilities for the employer and employee

45
Q

What are the responsibilities of the employee and employer?

A
  • Formal risk assessment
  • Formal management control system
  • Competent persons appointed
  • Procedures for serious or imminent danger
  • inter-employer co-operation
  • Job specific training
  • Capability assessment
46
Q

How many provisions are in the MHSWR?

A

30

47
Q

What is Provision 3?

A

requires every employer to make a suitable and sufficient assessment of the health and safety risks to employees and others not in their employment.

48
Q

What 3 things does provision 3 state about young people?

A
  • immaturity
  • inexperience
  • Lack of awareness
49
Q

What is Provision 5?

A

Health and safety arrangements for protective and protective measures.

50
Q

Provision 6

A

Health surveillance as is appropriate having regard to the risks to their H&S

51
Q

Is Health Surveillance required in the workplace?

A
  • Risk assessment and controls
  • Hazards in the workplace, identify who is at risk, taken measures to do something to control the risks.
52
Q

What is provision 6?

A

allergens
exposure to ionising radiation
exposure to anaesthetic gases

53
Q

What human factors might affect your ability to do your job?

A
  • Ill health: you need to be sensible, could your presence at work put you at risk? Could it put your colleagues at risk of harm? Injuries, infections and mental ill health
  • HALT
54
Q

What does HALT stand for?

A

Hungry
Angry
Late/ Lonely
Tired

55
Q

Provisions and their key features

A
  1. Suitable and sufficient assessment of H&S risks, young persons
  2. Health and Safety Arrangements, preventative and protective measures
  3. Health surveillance: noise, substances, allergens, air, ionising radiation, anaesthetic gases
  4. Health and Safety assistance, appoint one or more competent persons to assist in measures needed to comply with requirements: Fire Precautions 1997
  5. Procedures for serious and imminent danger and for danger areas: competent people to implement safety procedures, and restrict areas for H&S purposes
  6. Information for employees, all employees get info on H&S
  7. Cooperation and coordination, shared workspaces, communication H&S
  8. Persons working in host employers or self-employed persons undertakings, outside businesses, the risk involved with this business.
  9. Capabilities and training, repeated, adapted with new changes, take place during work hours
    - disability, pregnancy and lactation, immunosuppression.
  10. Employees’ duties, follow instructions and training, inform the employer of shortcomings, if something is wrong.
    16, 17, 18: new of expectant mothers
  11. Risk assessment: night work, radiation, manual handling, working at heights, postural difficulties, chemical hazards
  12. Night work
  13. Notification of the employer by the new or expectant mother