NEW H&S Flashcards
How would you become aware of incidents
Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995. Employer has a duty to report accidents which result in a major injury to a member of staff.
How does the employer send notification
The employer would fill in a RIDDOR form online (or fill out form and send in).
HSE have phone number for fatalities and major injuries. Details would be entered onto the RIDDOR database.
LA would become aware by looking at the RIDDOR database
if the complaint comes directly to the LA. In such a case the LA would then enter the details on the RIDDOR database.
How would they know its reportable
It depends on the seriousness of the injury and how long the person is in hospital.
Could be classed as a Major Injury under RIDDOR if the person was unconscious / in hospital for over 24 hours / or in extreme case amputation
If it states that the person is expected to survive in hospital is it expected that they will need a RIDDOR
Yes as they will be expected to be there for over 24 hours
What are some accidents that are reportable
Lead to death of employee / member of public
Person at work suffers a major injury as per schedule in Regulations
Member of public taken straight from scene of accident to hospital…if suffers an injury as a result of an accident caused by a work activity (If occurs at hospital, suffers a major injury)
Results in over 7 day injury whereby cannot perform normal duties / absent for 7 or more day
Can you give an example of a major injury?
Fracture (other than to fingers, thumbs and toes)
amputation
loss of sight
how would you check who is responsible for inspection
Health and Safety (Enforcing Authority) Regulations 1998
???
Name 3 LA premises
Banks, Catering / Restaurant, Cinema, Hairdressers, Residential Care home
Name 3 HSE premises
Factories, Fairgrounds, Hospital, Schools, Nursing home
During an inspection you notice that the premises has changed and should now be HSE….how would you go about changing it?
During the inspection you would establish exactly what the premises is doing
would contact HSE by phone in the first instance and follow up in writing.
update records
What should the Butchers have in terms of First Aid?
The business should have undertaken a RA
Employers are required to provide adequate and appropriate equipment / facilities / personnel to ensure staff receive immediate attention
appointment of a responsible person to take control of the box and to phone for help in emergencies. The contents of the box should be checked regularly and replaced if out of date.
The Health and Safety (First Aid) Regulations 1981 ???
The RA would take into account the number of workers, closeness to hospital, size of premises, type of work, accident history, lone working
Asked to review a RA what problems might you find
No as it didn’t consider all areas. It was also outdated, the business name was for a different premises and the RA did not include a number of important considerations – working with knives, slips trips and falls, repetitive working / vibration, working in temperature extremes, workplace transport, hot surfaces / pots, gas / electric, possibly asbestos, risk of entanglement in machines, manual handling (RA only mentioned deliveries)
There was also no young persons RA
Describe, from the beginning how you would carry out the investigation.
Initially contact the business and get as much information as possible over the phone. Can request that premises or part of left undisturbed in feel necessary. Confirm details on form.
o Name / position of person reporting
o Where accident occurred
o Details of injured person and injuries
o Any witnesses
o Anything moved
o Ask witnesses to remain
Review premises history / speak to colleagues / ensure is LA enforced. Assess urgency of visit.
Pack bag (any specific guidance documents / ACOP’s, notebook / paper, pen, camera, torch and batteries, PPE / White coat and Hat, Tamper proof seals, Sample jars / bags, tape measure, tape, witness statement forms, tape recorder)
Identify if there is a Lead Authority
Visit ASAP, taking into account seriousness of accident etc. Potentially leave until next working day if feel appropriate. If further action is likely then would go with another officer for corroboration.
On arrival introduces yourself, show I.D. and ask to speak to person in charge and to inform Health and Safety Representative. Explain purpose of visit and section 20 powers. Delegate tasks between officers.
Make sure site is safe and is left undisturbed
Ascertain the main facts of the accident (who, where, when, how). Allow the person in charge to describe what happened.
Ask if anyone observed the accident and what happened after. Was the person working to instruction? Were controls in place / communicated? Drink / drugs involved…person fit for job?
Inspect locus and take photos / gather physical evidence
Ask to see relevant documentation to check its completeness, if staff are actually doing what the documentation says and if documented controls were in place. In this case Risk Assessments (especially for the use of Knives, first aid arrangements), policy (identifies responsibilities and arrangements), accident book (to see if common problems / remedial works undertaken), manufacturers instructions, maintenance records, training records and any relevant work instructions. Check if CCTV
Consider if need expert advice
Decide what witnesses to interview…..start with those making voluntary statements and finish with those potentially accused / company directors
Interview (Best Practice Guidance – no leading questions, tact if fatality, under 16 with parents, record in indelible ink, concise, best when fresh in mind, questions relate to matters, cover all points, witness reads and signs – not given copy where action likely). If at any point believe witness has committed an offence, stop and caution them (not under arrest, Can leave / get legal advice). Need to keep an accurate record.
Decide if further action required. Improvement / Prohibition Notice / Powers to deal with cause of immediate danger / prosecution / voluntary. Consider LA policy / Enforcement Guide Scotland / EMM. Consult Lead Authority if appropriate
Would you bring another officer
If it was likely that further action would be taken / serious accident then a corroborating witness / officer would be taken. Fatalities – Lead Officer would undertake.
What are the powers of inspectors?
Section 20 of the Health and Safety at Work Act 1974, Power of Inspectors:
Enter any premises at a reasonable time (when at work / in own area, any time if emergency)
Take police constable if needed to apprehend any serious obstruction (entry refused)
To take any other person LA has authorised in writing and any equipment as necessary
To make examination and investigation as needed
To direct part of / whole premises is left undisturbed for as long as reasonably necessary (usually over phone…can issue formal notice)
Take measurements, photos and recordings (need corroborating witness)
Take samples of articles or substances
If believe article / substance is dangerous to health, get it dismantled or subject to process….for test. Only destroyed if unavoidable (Person can watch)
Can take possession of articles etc. you think dangerous for as long as necessary to examine, ensure not tampered with….kept as evidence. (Leave note describing what taken and if practicable leave sample)
Require any person who believe can provide info to answer questions and sign declaration (They can ask someone to be present)(Best Practice Guidance available)
Require production / take copies of an entry in any books etc. kept for Relevant Statutory Provisions or anything else
Person to provide facilities and assistance
Any other power under Relevant Statutory Provisions
