Previous Questions Flashcards
Identify directcosts to a company and Give examples whether these are insurable and those that are uninsurable
Claims on employers and public liability insurance
• Damage to buildings, equipment or vehicles
• Any attributable production and/or general business loss
• The absence of employees.
Uninsured direct costs include:
• Fines
• Sick pay
• Increases in insurance premiums resulting from the accident
• Any compensation not covered by the insurance policy due to an excess
• Legal representation following any compensation claim.
• Insured indirect costs include:
A cumulative business loss Product or process liability claims Recruitment of replacement staff.
Identify indirect costs to a company and Give examples whether these are insurable and those that are uninsurable. (8)
Insured indirect costs include:
A cumulative business loss Product or process liability claims Recruitment of replacement staff.
Uninsured indirect costs include:
• Loss of goodwill and a poor corporate image
• Accident investigation time/remedial action
• Production delays
• Extra overtime payments
• Lost time for other employees, such as a first aider
• The recruitment and training of replacement staff
• Additional administration time incurred
• First-aid provision and training
• Lower employee moral leading to reduced productivity.
The Managing Director of a construction company has ordered an untrained employee to use an excavator that has been served with a prohibition notice. During use, it topples injuring both the employee and sub contractor.
Giving examples in each case, Identify possible breaches of the HASAWA 74, by:
a) Organisation
The Organisation (employer) S2.1 Duty to ensure SFARP the health, safety and welfare of employee, i.e. Using defective equipment whilst ordering an untrained employee to use it. S2.2 Not providing safe plant, safe equipment, i.e. Defective brakes; No safe place of work, i.e. Defective plant/o training; Not providing IIT, i.e. Telling an untrained employee to use plant S3 Duty to ensure, SFARP, the safety of others effected by the employer’s activities, injuring sub contactor due to defective plant and untrained employee
The Managing Director of a construction company has ordered an untrained employee to use an excavator that has been served with a prohibition notice. During use, it topples injuring both the employee and sub contractor.
Giving examples in each case, Identify possible breaches of the HASAWA 74, by:
b) Managing Director
The Managing Director
S7 Not ensuring the safety of himself and others due to his acts and omissions, i.e. Ordering improper use of the plant by an untrained employee
S36 Offences by others, i.e. Telling the untrained employee to use the plant
S33 Breaching a prohibition notice, i.e. That made towards the defective plant
S37 Consent, connivance and neglect, i.e. Neglected to provide training, consented the use of the defective plant and connived in knowingly using plant that had been deemed unsafe by the regulator.
Explain the reasons for maintaining and promoting good standards of health and safety in the workplace. (8)
Moral
• Need to reduce accidents and keep people safe
• Reduce incidence of ill-health Legal
• Duty of care to take reasonable care of the workforce by providing a safe place of
work, safe plant & equipment, safe systems of work
• Provide competent workers who are trained and provide supervision Financial
• Avoidance of criminal penalties & compensation
• Good standards of H&S can result in better motivation of staff and higher profits
• Avoidance costs of accident investigations
• Avoidance of costs of hiring and training replacement staff
• Avoidance of repair and/or replacement and clean up costs
• Lower insurance premiums
• The organisation maintaining a good reputation.
Outline why an organisation may have poor standards of health and safety performance. (8)
• Lackofmanagementcommitment • Poorcommunication • Complexityofthework • Competing demands of profit v H&S • Poorornonexistenttrainingprogramme • Poor H&S culture • Lack of PPE/ wrong type • No worker involvement in H&S issues • Poor monitoring systems for equipment, processes and procedures • Accidents/near misses not investigated • No disciplinary procedures for non-compliance of H&S systems.
Outline circumstances under which a health and safety inspector can serve an improvement notice AND Give a relevant example. (2)
When, in the Inspector’s opinion, there has been a breach of relevant statutory provision, that does not pose an immediate and serious danger, i.e. Not providing “suitable and sufficient risk assessment.
Identify the time period within which an appeal may be lodged against an improvement notice AND Outline how the appeal may have an effect on the outcome. (4)
• The appeal must be lodged within 21 days from the date the notice was served.
The employment tribunal may: • Cancel the notice
• Affirm (uphold) the notice
• Affirm and modify the notice
• The notice is suspended until the appeal is heard.
Outline the main features of civil law. (6)
• •
• •
• •
• •
Determines the rights of individuals either versus another individual or an organisation
Deals with torts (civil wrongs) such as negligence
It is based on common but can be influenced by statute law
Follows set judicial precedents
Provides compensation (typically money) to remedy the wrong
The decision is on the “balance of probability”
The case is heard within a civil court (County and High Courts)
The outcome is insurable
There is a time limitation (typically 3 years).
Identify the documentation that should be checked when selecting a contractor. (8)
Health and safety policy
Sample risk assessments Qualifications and training records Membership of professional organisations Equipment test and maintenance records References from previous clients
Any details of previous accidents
Any enforcement notices
Financial accounts to show proof of resources Insurance certificates
Arrangements for consulting workers Arrangements for safety monitoring Selection procedures for sub-contractors.
CDM duty holders
• The CDM regulations identify six duty holders, these are:
The client for whom the work is being carried out (this can be domestic or commercial)
The principal designer who plans and co-ordinates health and safety during the pre-construction phase Designers who work under the principal designer The principal contractor who plans and co- ordinates health and safety during the construction phase
Contractors who work under the control of the principal contractor
Workers who undertake the construction work.
Client
The Client is responsible for making suitable arrangements when managing a project and ensuring:
Competent designers and contractors are appointed Adequate pre-construction information is provided Principal designers/contractors carryout their duties Sufficient time and resources are allocated
A Construction Phase Plan is produced by the principal contractor prior to work starting
The Health and Safety File is prepared, kept up to date and made available for future reference/work
Suitable welfare facilities are provided
Notifiable projects made known to the HSE.
Principal designer
The Principal Designer of projects involving more than one contractor and must ensure:
They plan, manage, monitor and co-ordinate health and safety during the pre-construction phase of the project
Provide assistance/pre construction information to client
The design eliminates or minimises health and safety risks
Proper communication, co-operation and co-
ordination takes place during the pre-construction phase
A pre construction phaseRisks to health and safety are identified, eliminated, controlled or reduced
Prepare and revise the health and safety file and hand it to the client on completion
Provides pre construction information to other designers and contractors. plan exists
Principal contractor
he Principal Contractor of projects involving more than one contractor must ensure:
The planning, managing, monitoring and coordinating the construction phase of a project
A construction phase is planned, managed, monitored and co-ordinated
The construction phase plan is kept up to date The site is secure
Principal contractor
All workers have access to welfare facilities
All contractors receive site-specific induction training
Workers are consulted on site health and safety issues
Liaises with the client and principal designer.
Identify the three sections of a health and safety policy. (3)
- Statement of intent
* Organisation (roles and responsibilities) • Arrangements (procedures).
Identify information that should be contained in the arrangements section of a health and safety policy document.
- SSW
- Risk assessment
- Safetymonitoringprocedures
- Safetytraining
- Safetyequipment
- Control and safety of contractors
- Welfarearrangements/washingfacilities
- Accident/incidentreporting
- Firstaid/medicalfacilities
- Emergencyprocedures
- Employeeconsultationarrangements.
Identify the typical information examined during an audit. (8)
Health and safety policy
• Risk assessments and safe systems of work
• Training records
• Minutes of safety committee meetings
• Maintenance records and details of failures
• Records of health and safety monitoring activities,
e.g. tours, inspections, surveys
• Accident investigation reports and data, including near miss information
• Emergency arrangements
• Inspection reports from insurance companies
• Output from regulator visits, e.g. visit reports, enforcement actions
• Records of worker complaints.
Outline the purpose of the ‘statement of intent’ section of a health and safety policy. (2)
- Sets quantifiable organisational objectives for health and safety
- Demonstrates management commitment to H&S
- Commits the organisation to legal compliance
- The statement’s purpose aids in recognising that managers and workers at all levels in the organisation have a part to play in implementing the H&S policy.
Outline ways in which line managers can implement the health and safety policy. (5)
- Lead by example and enforce standards • Consult with employees
- Release staff for training and encourage staff development
- Escalate problems to senior management, if necessary
- Carryout inspections, safety tours and audits
- Encourage staff to report hazards
- Investigate accidents and take appropriate action.
