Questions Flashcards

1
Q

What factors affect risk control techniques ?

A
The present state of technology 
Companies finances (economic state)
Public expectancy 
Legal requirements 
Level of insurance premiums 
Confidence of risk management process and the risk manager 
Human factors
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2
Q

What are the moral legal and financial reasons for managing H&S

A

-S society expects
-H employees should place H &S as high priority to show they care
R- employers owe a reasonable duty of care to employees
U- it is unacceptable to expose employees to exception risk.
R- right thing to do

Legal
Preventative - legal enforcement and action (notices)
Punitive- where the criminal courts impose fines and prosecution.
Compensation- claims in the civil courts

Financial
Costs see another question

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3
Q

Elements of HSG 65 and OHSAS 18001

A

HSG 65

Plan- policy (write your plan down)
and planning- plan what you want to achieve, who will be responsible for what, how you will achieve your aims, how you will measure your success, specific legal requirements that apply to you, consider fire and other emergencies, co operate with others sharing property.

Do- identify your risk profile, (what can cause harm, who will be affected,biggest business risk)

organisation - your work activities, involve workers and communicate, provide resources and competence advice, develop positive behaviour.

implement your plan- decide the preventative and protective measures, provide right tools and equipment, train and instruct. Supervise

Check- measure your performance (make sure plan is implemented and working)
and investigate accidents and injuries, near misses etc

Act- review your performance and learn from lessons

OHSAS 18001 
Occ health and safety policy 
Planning 
Operation and implementation 
Checking and corrective action 
Management review 
Continuous improvement
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4
Q

What are the headings of Sections 2,3,4,6,7,8,9,20,36,37 of HASAWA. And reg 21 MHSWR 1999

A
2 Employers
3 non employees
4 Landlords owners and property owners
6 suppliers manufacturers distributors etc
7 employees
8 interfere misuse
9 no charge 
20 enforcement 
36 prosecution of other persons
37 offences by senior managers 
Reg 21 R vs British Steel

ELSIC

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5
Q

What are the essential features of a simple contract ?
What types of contract are they ?
How long is a simple contract valid ?

A

-An Agreement, between the parties /the joining of minds
-Consideration- something of value must be given in exchanged for a promise
Legal relations (intention to create legal relations so there’s legal consequences.
- legal capacity 18, sound in mind not pissed
- no legal circumstances (valid, unforeseeable, legal)

Types-

  • Written
  • Verbal - equally as valid as written but more difficulty to enforce.
  • Express - all terms of contract (agreement, consideration) are written and specifically stated
  • implied - something that may not be written but still applies e.g. Employer owes a duty of care to employees.

A simple contract is only valid for six years. Legal action only applies for six years after date agreement.

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6
Q

What are direct and indirect costs

What are insured and uninsured costs

A
F- fines and fees (D)
I- increased insurance ( public liability, EL and vehicles ) (I)
R- reputations loss (I)
S- sick pay (D)
T - training / retraining (I)
A- accident investigation (D)
I- increased premiums (I)
D- damage to plant, vehicles and machinery (D)
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7
Q

Discrimination act 2010

What are the categories of discrimination ?

A

Harassment - complaint calling names
P- perspective -age 20 but looks younger
A- associate - relative or friend disabled
I- indirect Rule -that singles out
D- Direct - discriminated because of a protected characteristic

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8
Q

What should the significant finds in a risk assessment include ?

A

The corrective and preventative and protective action is shown and displayed

Any further action required to control risks further.

Indicate that a suitable and sufficient risk assessment has been carried out.

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9
Q

What does CHIPPCRATCHETY stand for

A
Competent persons 7
Health Surveillance 6
Information to employees 10
Procedures for Irene to danger 8
Principles of Prevention 4 
Co operation and co-ordination 11
Risk Assessment 3
Arrangements 5
Training 13
Contact with external services 9
Host employees 
Employees duties 14
Temporary workers 
Young persons
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10
Q

What are the arguments for and against integration of Management systems ?

A

Advantages of integration
-Likely to be more cost effective
Improvements from one system carry over into another.
- avoidance of duplication
- better decision making across the organisation
- more rewarding career for specialist in each area.
- good culture in one will move over to another
- IMS will involve overall reviews.
- increased competitive edge

Disadvantages of

  • Increased burocacy
  • Existing system may work well already
  • Negative culture carried over to others
  • system requirements may vary across disciplines.
  • Single system recognised by HSE and enforcement.
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11
Q

What are HSE directors guides (leading change)

A

S- strong and active leadership from the top
W- worker involvement
AR- assessment and review

S- visible active commitment.
Effective downward comms & management structures, H&S integrated with business decisions

W- effective upward comms, engaging workers in promotion of effective H&S conditions.

AR- review once a year, policy reflects priorities, effective H&S risk management, effective reports to board.

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12
Q

What is the Procedure for making Legislation ?

A

Green paper- statement of intent, tentative approach, engage with trade unions, seek feedback on proposals and public opinion

White paper- statement of policy, broad lines of legislation, facts, debated by opposition, on sale to public

It then becomes a bill, bills may progress through either house (commons /lords)

First reading - Brief explanation, title read out and names involved, no debate and date set for next reading.

Second reading- discussion of bills principles ( if it fails it can’t proceed any further)

Committee stage (standing 50, select, whole house) its subject to close scrutiny and amendments are allowed at this stage.

Report - scrutinised again if amended at committee stage and can go back to a different committee. If no amendments at previous stage it’s a formality.

Third - if survived the bill is passed to other house and if no amendments and it’s voted favourably it gets the royal ascent and becomes law.

Made, laid and passed i

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13
Q

What are the discrimination protected characteristics ?

A
G-gender
R- Race
A- Age
M- marriage 
P- pregnancy 
S- sex 
Believe 
Disabled
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14
Q

What the three categories of risk acceptability tolerability ?

A

Acceptable = no further action, risks are trivial and easily controlled. Can be controlled at low levels

Tolerable = fall between acc and unn, society is prepared to endure such risk due to time, cost and effort for further risk reduction.

unacceptable = cannot be justified (extremely rarely allowed) despite benefits they bring

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15
Q

Identify 5 external bodies or individuals a safety representative may liaise with

A
Police 
Fire 
Environmental Agency
HSE 
Contractors
Insurance companies 
The public 
Occ health 
Local authorities
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16
Q

What are the five steps to risk assessment as described by the HSE ?

A
Identify the hazards 
Decide who can be harmed and how 
Evaluate the risks and introduce controls 
/ precautions
Record your findings and implement them
Review your findings and update them.

Remember Risk assessments do make certain assumptions

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17
Q

Explain the terms Qualitative and Quantitative risk assessment

A

Qualitative = most common, risks are represented by simple word descriptions. Comprehensive description of hazards from specified activities. People or the environment, represented by broad categories.

Quantitative = represented by the frequency or probability of a specified level of harm from a specific task. QRA or PRA probabilistic.

Semi both combined

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18
Q

What sources of information support hazard ID ? E and I and what are there benefits / limitations ?

A
E
HSE 
Rospa 
Iosh 
Insurance companies 
Emas Employment medical advice service 
World Heath organisation 
British safety council 
European agency for safety and health 
Trade unions 
I
Absence records 
Accidents data 
Maintenance records 
Neat miss data
Advantages of E 
More info / larger sample 
Categorised by industry 
Dis of E
May not be applicable to workplace 
May use different abbreviations etc 
May not cater for contractors / overtime as only states employees
No indication of severity 

A of I
Specific to site and risk assessment
Small numbers

Dis of I
Smaller numbers

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19
Q

Types of Hazard ID techniques

A

Observation = observe task and see first hand + behavioural
Task analysis = break down task into steps to identify weaknesses
Checklist = HSE 4 p’s people, behavioural and culture. Check management of tasks
premises, Access and egress house keeping
plant and substances guards and transportation
procedures, ssow and Ptw
Hazop
Systematic look at a task or procedure, break down into components to identifie and weakness.
-Used at design or modification phase
- look for deviations
- improve system reliability
- specialist team to analyse
Uses guide words
More of
Less of
As well as
Instead of

Solutions are sourced.

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20
Q

What are the two factors that decide the magnitude of risk ?

A

Likelihood/ probability and consequence/ harm

Risk = Likelihood x consequence

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21
Q

What should the significant finds in a risk assessment include ?

A

The corrective and preventative and protective action is shown and displayed

Any further action required to control risks further.

Indicate that a suitable and sufficient risk assessment has been carried out.

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22
Q

Risk control minimal standards are defined in ?

A

Legislation
Acops
Guidance
Brattish standards

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23
Q

To sue successfully for negligence what does the claimant have to prove ?
What are the main defences to negligence ?

A

The claimant has to prove on the balance of probabilities that :-
A duty of care was owed
The injured person was the neighbour of the defendant
A duty was breached
The breach resulted in harm and the harm was not too remote from the breach
And the type of damage could have been reasonably foreseen because of the negligent act

Defences 
Denial
No duty owed 
No breach of duty 
Breach did not lead to damage 
Breach too remove from harm 
Volenti non fit injuria 
Contributory negligence
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24
Q

When deciding on risk reduction actions what is the hierarchy of control ?

A

Elimination = elimate the hazard completely or reduce the risk as far as you can.
Substitute = the hazard = less risky option, quieter pumps etc
Contain the risk= prevent access to the hazard e.g. Guarding
Reduce exposure to the hazard= reduce number and reduce exposure time.
PPE= for everyone
IITS= competence etc
Welfare arrangements = washing / decontamination

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25
Q

In relation to performance measure explain the terms hardware, software, reactive and proactive monitoring

A

Hardware
Plant premises substances
Software
People procedures and systems

Active 
Inspections 
Tours 
Audits 
Surveys 

Reactive
Reporting or investigations of accidents
People process and property

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26
Q

What factors influence human behaviour and how do they influence H&S

A

Personality
Extrovert/introvert
Consientiousness (good for health and safety)
Openess (good for H&S)

Attitude
How someone thinks or beliefs
I.e. Accident in transport and becomes more aware of transport accidents

Aptitude
How they carry out a task, increases with training and supervision

Motivation
How people behave, increases perception of risk if motivated however may get distracted from this by incorrectly fitting ppe etc

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27
Q

Explain the term violation and classify violations as routine, situational, or exceptional.

A

Violation: deliberate deviation from a rule, procedure, instruction or regulation

Routine, something that become the normal way of working in a group or individual e.g. Speeding

Situational violations:- rules are broke due to some type of pressure e.g. No ppe in store so pressure to continue job without ppe. Deadlines and management pressures

Exceptional violations (rule based behaviour) 
Occur when things have gone wrong (emergencies) rules are broken to try and rectify the situation.
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28
Q

What are the general principles of prevention e.g. Factors to consider when deciding risk controls

A

MHSWR 199 schedule 4

avoiding risks
Evaluate the risks that can’t be avoided (suitable RA)
Combat risks at source (prevent entering the work place)
Adapt the work to the person
Adapt to technical progress
Replacing the dangerous for less dangerous
Develop a prevention policy ( robust coherent policy that examines every aspects of the management process)
Prioritising measure (collective over individual measures)
Training iits

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29
Q

Outline the organisational and behavioural factors that may lead to new employees to disregard safety information contained in safety induction training

A

Organisational
The selection process
Poor attitude and ability

A poor induction process
Fails to engage, poor information, not applicable

No refresher training
Lack of supervision
Peer group pressure
Poor safety culture - including lack of management commitment

Behavioural
A lack of familiarity of work environment
Poor risk perception age, experience etc
Cultural issues beliefs and values they bring to the process
Language barriers
Sensory impairment deafened or sight
Low iq poor mental state

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30
Q
Give the meaning of the following in the context of controlling human error:-
Ergonomics 
Anthropometry
Task analysis 
Motivation 
Attitude
A

Ergonomic :The design of equipment can limit and control human failure

Anthropometry : data on human physical dimensions and its application to equipment design

Task analysis
The breaking down of a task into successive more detailed actions to analyse human error in each station.

Motivation: is a driving force which encourages people to behave in a certain way

Attitude: is predetermined behaviour built up around experience or similar situations
A shorthand way of responding to a situation

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31
Q

What are the general duties owed by parties ?

What is the extent of duty of care .

A

An employer owes a duty to their employees and contractors and visitors
Employees owe duty to other employees and contractors
Contractors owe a duty to employers/ clients employees, other contractors

Manufacturer owe a duty to suppliers and consumers

Duty owed by designers suppliers etc
If the product is defective the users and anyone in proximity can sue.

Occupiers visitors

More vulnerable employees extra duty of care

Proximity = parties must be reasonably proximate to each other
Reasonableness = fair just and reasonable to impose a duty
Reasonably foreseeability = the defence should have reasonably foreseen that the act would cause harm.

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32
Q

What is the meaning of suitable and sufficient ?

A

The significant risks arising from or in relation to the work are identified.

The details in the assessment (controls
) are proportionate to the risk

The most hazardous sites require the most sophisticated risk assessments

The assessment identifies all at risk by activities.

There is a period of time to which it is valid.

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33
Q

What are FTA and ETA used for and what are their limitations ?

A

FTA
Based on multi case theory reason etc
Start with top event e.g. Accident or other undesirable event.
Top down approach using and or or gates and symbols.
The immediate or other causes are explored.
Focuses on the preventative measures

ETA
Based on multiple causes after the event
Starts with initial event and progress horizontally left to right.
Used to investigate the consequences of cost making events.
Mitigation measures.

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34
Q

Damage to which tort feasor is liable ?

How does occ health differ ?

A
Physical injury 
Psychology harm 
Property damage 
Medical expenses 
Loss of income 
 The harm must be of a foreseeable kind

Occ health differs as it may be some time until the link between exposure and damage are established. Harm may not be obvious

Due to this the courts have had to establish a date of knowledge. The date in which the employer should of been aware of the risks associated. Asbestos etc

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35
Q

Explain the terms Qualitative and Quantitative risk assessment

A

Qualitative = most common, risks are represented by simple word descriptions. Comprehensive description of hazards from specified activities. People or the environment, represented by broad categories.

Quantitative = represented by the frequency or probability of a specified level of harm from a specific task. QRA or PRA probabilistic.

Semi both combined

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36
Q

What is a ssow, what are the legal and practical requirements and what are its components ?

How is a risk assessment used in development of ssow ?

A

Work is organised in a logical and methodical manner to remove hazards or minimise risks. A simple step by step procedure that takes into account hazards,controls, (components) to produce an acceptable level of safety.

Legal hasawa section 2 2 (a) safe plant and ssow.

Components

Bringing together of people, equipment, materials and the environment.

AIDIM
Analyse the task from start to finish
How what why who

Identify hazards associated
Risk assessment
Task analysis
Job safety analysis

Develop the controls and working methods
Level of risk
Frequency of task
Complexity of task
Capabilities of operators 
Complexity of precautions 
Implement they system with written procedures and or training 
Communicate effectively 
Easy to understand and user friendly 
Effective training 
Don't take short cuts 
Supervision and discipline 
Monitor the system 
Check with audits and inspections 
Random inspections 
Audits 
Near miss accident reports 
Are standards being maintained 
Employees still cooperating 
Any changes in the work place ?
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37
Q

What is bosd it’s proofs and defences ? Breach of statutory duty given rise to civil action

A

Section 47 states that it must fall within the wording of the statue. No H&S Other than when it’s specifically provided for:-

The following elements must be proved on balance of probabilities :-
Right of action ( falls with the wording of the statute
A duty was owed ( class of person was protected by statute )
Duty was breached
The injury was contemplated by statute
Breach caused injury

Defences 
No right of action statute bared 
No duty owed wrong class of person 
No breach of duty 
Breach did not lead to loss 
Injury not contemplated by statue
38
Q

What sources of information support hazard ID ? E and I and what are there benefits / limitations ?

A
E
HSE 
Rospa 
Iosh 
Insurance companies 
Emas Employment medical advice service 
World Heath organisation 
British safety council 
European agency for safety and health 
Trade unions 
I
Absence records 
Accidents data 
Maintenance records 
Neat miss data
Advantages of E 
More info / larger sample 
Categorised by industry 
Dis of E
May not be applicable to workplace 
May use different abbreviations etc 
May not cater for contractors / overtime as only states employees
No indication of severity 

A of I
Specific to site and risk assessment
Small numbers

Dis of I
Smaller numbers

39
Q

What are the designers manufacturers and consumers general duties, under section6

A

RASPG
-Articles and substances are designed and constructed safe and without risks to health
-Articles are safe when being Set, Cleaned, Used and Maintained (SCUM)
Substances are safe when handled, stored transported
- information on the safe use storage and transport of A&S must be provided
- A& S must be Guaranteed safe by testing inspection and Q&A

40
Q

Types of Hazard ID techniques

A

Observation = observe task and see first hand + behavioural
Task analysis = break down task into steps to identify weaknesses
Checklist = HSE 4 p’s people, behavioural and culture. Check management of tasks
premises, Access and egress house keeping
plant and substances guards and transportation
procedures, ssow and Ptw
Hazop
Systematic look at a task or procedure, break down into components to identifie and weakness.
-Used at design or modification phase
- look for deviations
- improve system reliability
- specialist team to analyse
Uses guide words
More of
Less of
As well as
Instead of

Solutions are sourced.

41
Q

What is corporate manslaughter

A

The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care

42
Q

What are the two common risk management strategies ?

A

Loss control and risk financing

Loss control
Risk avoidance = eliminate
Risk reduction = control (heighrachy) reduce frequent or severity of loss. Safety control techniques such as engineering solutions. Procedures and behavioural measures.

Risk financing
Risk transfer = finance from funds outside the organisation such as insurance and transfer to another party.

Risk retention= financial funds within the organisation.

43
Q

What are the five steps to risk assessment as described by the HSE ?

A
Identify the hazards 
Decide who can be harmed and how 
Evaluate the risks and introduce controls 
/ precautions
Record your findings and implement them
Review your findings and update them.

Remember Risk assessments do make certain assumptions

44
Q

Risk control minimal standards are defined in ?

A

Legislation
Acops
Guidance
Brattish standards

45
Q

What are the two factors that decide the magnitude of risk ?

A

Likelihood/ probability and consequence/ harm

Risk = Likelihood x consequence

46
Q

Outline the categorisation of human failure in HSG 48 and how the apply to an accident, and give actual incidents they relate too.

A

Skill based behaviour : low level pre programmed sequence of events when employees carry out routine operations

Incorrect routine, interruption, inattention, no checks carried out, rushing

Rule based behaviour: actions based on recognised patterns, the applying and selecting the appropriate rule set.

Application of wrong rule, not fully understanding a rule

Knowledge based: higher problem solving level, not set rules and relies on having knowledge of the system.

Inadequate knowledge of the system, little experience of the system.

Deliberate failure to follow rules is a violation,

Skill based examples: signal passed by train driver, Chernobyl, bhopal, Seveso

Rule based:- permit failure piper alpha, three mile island

Knowledge based:- flixborough and poet of ramsgate.

47
Q

What is negligence

What is a tort

A

Lack of reasonable care or conduct, by act or omission which leads to loss or damage, it is or lack of duty of care

A tort is a civil wrong
A tort feasor is the person doing the act.

48
Q

What are the societal factors that affect H&S management.

A
G-globalisation
R- Risk Profile
I-incapacity 
M- migrant workers 
E- economic climate 
S- corporate social responsibility 
G - government policy
49
Q

What constitutes Gross negligence?

A

What constitutes gross negligence?
Negligence turns into gross negligence if the breach of duty falls considerably below what would reasonably be expected of the organisation in the circumstances. Whether the negligence is gross negligence depends upon considerations such as:
How serious the failure was
How real the risk of death was
The attitudes, policies and accepted practices of the organisation which led to the failure
Any health and safety guidance relating to the breach

50
Q

Outline (mayor) Hawthorne experiments

A

Elton mayo, series of experiments to establish human behaviour: findings are that
Working in small harmonious groups can effects on productivity
Having a chance to air grievances seems to be beneficial to working relationships.

Who cares upstairs, show attention or care to people they perform better.

51
Q

What are the 12 types of Hazards

A
Chemical, gases or liquids 
Biological, bacteria dig shit 
Physical, radiation vibration 
Ergonomical, manual handling, posture 
Psychosocial, stress, bullying 
Fire 
Electric
Mechanical 
Environmental 
Vehicle 
Construction W@h
Humans
52
Q

What are the outlines of the FRC guidelines 2004

A

-Centres around risk management / fundamental need for risk management
-The Turnbull report
- Supportive of HSG 65
PC- policies and commitment
RA- risk assessment
CE- control Environmental control activities
CC RA clear communication and reporting arrangements
MA monitoring and auditing

53
Q

What is the meaning of suitable and sufficient ?

A

The significant risks arising from or in relation to the work are identified.

The details in the assessment (controls
) are proportionate to the risk

The most hazardous sites require the most sophisticated risk assessments

The assessment identifies all at risk by activities.

There is a period of time to which it is valid.

54
Q

In relation to a contract what H&S issues maybe included in a contract between contractor and owner of a sight when underground workings are being conducted

A

Contractor must supply safe working environment including access and egress

To provide safe planet and ssow

Provide Welfare facilities

Provide IITS

Procedures for emergencies

55
Q

When deciding on risk reduction actions what is the hierarchy of control ?

A

Elimination = elimate the hazard completely or reduce the risk as far as you can.
Substitute = the hazard = less risky option, quieter pumps etc
Contain the risk= prevent access to the hazard e.g. Guarding
Reduce exposure to the hazard= reduce number and reduce exposure time.
PPE= for everyone
IITS= competence etc
Welfare arrangements = washing / decontamination

56
Q

What are FTA and ETA used for and what are their limitations ?

A

FTA
Based on multi case theory reason etc
Start with top event e.g. Accident or other undesirable event.
Top down approach using and or or gates and symbols.
The immediate or other causes are explored.
Focuses on the preventative measures

ETA
Based on multiple causes after the event
Starts with initial event and progress horizontally left to right.
Used to investigate the consequences of cost making events.
Mitigation measures.

56
Q

What are the 5 c’s of culture

A

Commitment
Management commitment, proportion of resources time and people, good managers are ambassadors of safety and actively involved in it

Co operation
Chair h & s committee, consult staff and reps
Write procedures and solve problems

Competence
Right training and experience, regular cod and refresher training. Investment in staff

Communication
Good communication with all levels on all matters and reporting arrangements

Control
Adequate in suction training, ssow and Ptw
Access to competent and sound advice/help
Adequate trained and supervised

57
Q

Outline a range of factors that may affect how people perceive hazards in the workplace ?

A

The effects of fatigue
Tired person takes no notice of sensory information

Drugs and alcohol
Mental state

Education and training
Sensory inputs and hazards

Experience
Underestimate risks due to lack of ex

Aptitude
Innate ability to respond

IQ
May not interpret hazards

Environmental factors
Noise, fumes low light etc

Any form of sensory impairment
Particularly sighted, colour blind

58
Q

What is vicarious liability ?

How can employer be liable from employee and contractor.

A

This is the liability of a master / employer from the actions of his servants / employees during the course of their employment.

Employer liable if the employees is carrying out duties during their employment and third party.

Contractor = employer liable if they have authorised the job, have supervision of job or coordinates and controls the job, have not ensured contractor competence

59
Q
Identify the following concepts of a risk management programme and give an example for each ?
Risk avoidance 
Risk reduction 
Risk transfer 
Risk retention
A

Risk avoidance = avoid/ e,image risks e.g. Discontinue process

Risk reduction = risk reduction strategies i.e. Heighrachy of control. Requires organisation to decide acceptable risks

Risk transfer = transferring the risk to other parties via insurance or using specialist contractors/ third parties or outsourcing process

Risk retention = accepting risks and funding accordingly. With knowledge risks identified and evaluated. Without knowledge risk not identified ( unfavourable position)

60
Q

Factors affecting the Choice of control measures ?

A
Long or short term
Cost 
Applicability and practicability 
Effectiveness of control 
Legal requirements 
Associated standards 
Competence of personnel 
Training needs
60
Q

What is Maslow’s heirachy of needs

A

The lower needs must be fulfilled before you move up the scale.

Biological 
Safety and security 
Social 
Self esteem
Self actualisation
62
Q

Outline ways in which human reliability in the work place my be improved: in your answer you should consider organisational , job and individual issues

A
Individual factors
Training
Skills 
Iq
Incentatives 
Special needs 
Impairments
Job factors 
Rest 
Task analysis for critical task
Work patterns
Minimal stress fatigue
Job rotation (boredom, interest)
Organisational factors 
Employee selection 
Supervision
Commitment from management 
Communication from management
63
Q

What is Cost benefit analysis and what are its problems ?

A

It is the cost associated with loss events and compares that with the cost of preventing or reducing the risk.

Problems

Not all cost and benefits can be assigned financial value
Benefits may not be seen immediately
Some cost are one off and some are recurring

65
Q

Unguarded machine in small company. Inspector issues prohibition notice.

What legal criteria for prohibition notice ?

What action and timescale can employer appeal?

What could the penalties be .

A

PN criteria
Inspectors opinion
Risk of serious and imminent personal injury
Breaches of law.

Notice remains in force
Unless suspended by tribunal
21 days to bring appeal.

Magistrates court , 20k and six months
Crown court, unlimited and two years.

66
Q

Explain how uk regulations are made and what is social- technological cost benefit analysis ?

A

Section 15 gives the Secretary of State the power to make regulations
P proposal = after consultation with local authorities, government departments proposals are submitted to the appropriate minister by the HSE.
Organised = the proposals are organised and circulated as consultive docs, to tuc, trade unions
Proposal then laid before both houses for 40 days.
And if no objections it’s made into law.
Three stages of draft are maid, laid and coming into force.

Social technological cost benefit Analysis  
B benefits if introduced 
R risk assessments 
E 
C cost to comply 
I Industries affected 
T Technological feasibility
E economical feasibility
67
Q

Explain single cause henrichs domino theory and bird and Loftus and the differences ?

A

Henrichs
Ancestry or social environment ( inherent traits, recklessness stubbornness)
Fault if person (inherent faults, anger, recklessness, nervousness)
Unsafe acts or unsafe conditions
Accident
Injury

Birds 
Lack of management control 
Basic causes 
Immediate causes 
Direct causes 
Loss (neg, minor, serious catastrophic)
68
Q

What is the legal test for corporate manslaughter

A

The legal test
Every offence has a legal test. The prosecution will have to fulfil this test to prove that a company is liable for corporate manslaughter. Simply put, the legal test for corporate manslaughter is:
The accused had a duty of care to the deceased
The accused breached that duty of care
The breach of duty caused the death and was so severe a breach of duty to be a crime (gross negligence)
The accused is a ‘controlling mind or will’ of the company
A person who has a ‘controlling mind or will’ over a company is someone who is in sufficient control of the company’s affairs that the company can be said to act through them.

69
Q

The consequences of human failure can be immediate or delayed Explain active (immediate) and latent failures

A

Active are immediate failures / consequences of front line people such as drivers. In a situation where there is no room for failure these have an immediate impact on H&S

Latent are often made by people who’s tasks are removed from the activity in time and space eg designers, decision makers and managers. Latent failures often hidden in an organisation and are triggers causing serious consequences

70
Q

What is fe birds accident triangle ?

A
Serious 1 (fatal)
Minor 10 (first aid)
Damage 30 accidents
Accidents 600 (near miss, no damage)
71
Q

What are the powers of inspectors under section 20 of hasawa

A

Enter any premises at any reasonable time where he believe danger is imminent to exercise his powers

Take a police officer with him and any other person authorised by the authority

Take necessary tools and equipment

Make necessary examinations and inspections

Order areas or equipment to be left undisturbed whilst he carries out the investigation

Take photographs, samples and measurements he believes

Retain any article or substance for use as evidence in court

Interview anyone he believes can give relevant information, get them to sign a declaration of truth.

Take copies of documentation

Exercise any other powers necessary to enforce health and safety law

72
Q

A machinery accident at work has resulted in a fatality.
Outline the legal criteria that must be satisfied to obtain a
conviction under the Corporate Manslaughter and Corporate
Homicide Act 2007.

A

In answering part (b) of the question, candidates were expected to outline that an organisation may be found guilty of an offence under the Corporate Manslaughter and Corporate Homicide Act 2007 if the way in which its activities are managed or organised causes a person’s death and amounts to a gross breach of a relevant duty of care owed to the deceased. The organisation’s conduct must have fallen far below what could have reasonably been expected and a substantial part of the failure within the organisation must have been at a senior management level. This part of the question was not particularly well answered. There was confusion in candidates’ minds between corporate and individual liability for manslaughter.

73
Q

Breaking the rules:- Outline the following violations and the associated cases (immediate causes too)

Routine
Situational
Exceptional

A

Routine violation
Breaking rule procedure has become the norm
Clapham junction
35 people died 500 injured in triple train crash
Immediate cause was signal failure, contributory causes were downward spiral in working conditions eg it was routine for maintenance work to be carried out without the prescribed method. problems with training,

Situational violation 
Breaking the rules due to pressure
Herald of free enterprise
189 passengers and crew died
Immediate cause failure to close bow doors before leaving port. Situational company was i infected with a sloppiness, commercial pressures and friction between ship and shore led to lessons not being learned.

Exceptional : rarely occur, you feel the need to break a rule to put something right (emergencies) even though you know your taking a risk.
Chernobyl
1000 me reactor exploded. Environmental damage across Europe.
Deliberate, systematic and numerous violations by operators.
Operator error led toLow powers levels during tests, engineers continued to improvise to protect the test plan.

74
Q

Common law duties owed by employers to others

A
Safe place of work 
Safe systems of work 
Warning signs and notices 
Competent employees 
Safe plant equipment and materials 
IITS
78
Q

Senior manager tells employee to catty on after prohibition notice. Action for inspector to prosecute when prohibition notice is broken ? What is the criteria .

A
Breach of notice 
Employer is body corporate 
Operations director is covered under section 37
Connivance 
Neglect 
Consent
79
Q

Outline with examples, benefits of prescriptive and goal setting legislation

A

Prescriptive- coshh or any six pack
Ben
Clear requirements
Easier to comply and comply

Limitations
Standards too high for small business
Outdate / update difficult

Example coshh

Goal setting HASAWA

Ben
Easy to interpret
More applicable to work place
Unlikely to be out dated

Limitations
Mis interpret
Expertise to interpret
Standards achieved can be lower than expected

80
Q

Outline five sensory inputs and explain how each may be impaired in the workplace

A

Sight
Sensory reception of light and patterns visual recognition

Eye protection (steamed up, peripheral vision)

Sound
Sensory perception of noise
Noise in work place ear defenders

Touch
Sensory perception of temperature, pressure and textures
Hand protection, vib white finger, creams

Smell
Sensory perception of odour
Rpe,

Taste
Sensory perception of odours
Rpe

Proprioception
Sensory persecution of body (nausea)

Expose to flashing lights etc

81
Q

Briefly outline FW Taylor. Dc McClelland. Douglas mcgregor. Herzbergs two factor theory..

A

Fw Taylor
Reasons for insufficiency
Increased output leads to unemployment
Ineffective rule of thumb, waist time

Develop a science
Scientifically select
Co operate

DC mecclennd 
Human needs 
Need for affiliation 
Need for power 
Need to achieve 

Douglas mcgregor
Theory x
Theory y

X people are lazy, don’t like responsibility etc resistant to change

Y put forward that x was wrong and that people are motivated to work, perform best with minimal supervision. People perform better when treated better by management and made to feel empowered.

Herzbergs
Organisation factors that effect persons behaviour
Hygiene
Work conditions, policy and admin. If not adequate there will be poor output

Motivators
Quality of work, reward and recognition, development etc

Avoid job dissatisfaction without achieving satisfaction
E.g. Lots of hygiene factors keep people satisfied

82
Q

Explain the purpose of job safety analysis and its methodology.

A

Purpose
A method of reviewing a jobs procedures to identify hazards and determine subsequent controls and equipment for implementing during performance of a job or task.

Methodology
Selecting jobs for analysis

Breaking down into steps

I’d hazards, unsafe acts and unsafe working conditions associated with the steps.

I’d the correct way and safe way to performs the steps.

83
Q
Probability of accidents in the following areas as per HSE guidance  
Mining 
Traffic 
Safest workplace 
Fire or explosion from gas
A

1000
10,000
100,000
1 million

84
Q

What is the pre action protocol and what are the three tracks assigned.

A
Designed for small cases slips trips, vehicle accidents. 
Letter of claim
Defendant reply 
Investigation 
Admit or deny liability

Small up to 1000
Fast 1000- 15,000
Multi 15,000 and above

85
Q

Organisation are said to have both formal and informal groups, define informal and formal.

Organisational change can effect H&S performance and promote a negative H& S culture outline reasons for this

A

Formal structures
Defined responsibilities
Agreed reporting lines
Organisational charts

Informal 
Social relationships 
Friendships 
Proximity 
Personal and communication skills 
Personal influence 

Profile of safety may not be managed through change

New job responsibilities may not have covered safety issues

Normal consultation mechanisms interrupted

Poor communication during the change

Poor consultation on the changes

Concern about job security may encourage risk taking or loss of will.

86
Q

Outline factors when developing a worker consultation programme

Outline formal methods of consultation

Outlining informal methods of consultation

A
Legal requirements 
Structure of the business
Management style 
Organisational/ safety culture 
Employment relations
Size of work force 
Location of sites
Types of work 
Degree of inherent dangers 
Diversity of workforce 
Communication systems 
Employment structures 
Formal 
Planned, timetable safety committees
Consultation via safety reps
Direct consultation with workforce 
Works councils 
Individuals appraisal.
Informal 
Discussion groups 
Safety circles 
Department meetings
Safety conversations at the work place
Tool box talks
87
Q

Briefly outline sections 36,37 of the HS@WA 1974 and reg 21 of the management regs 1999

A

Section 36
Offences of the third person
If someone commits an offence due to the act/default of another person, that other may be guilty and may be charged, regardless if charges are pursued against the first person.

Section 37
Offences by body corporate
Where the offence by the body corporate is due to the consent, neglect or connivance of a senior person, then the senior person Aswell as the body corporate could be prosecuted

21
No employer can escape liability by pleading that one of his employees or a competent person appointed by himself was responsible.

88
Q

Briefly online the occupiers liability act 1957 and 1984

A

Occupiers liability act 1957
Common law duty of care to all lawful visitors. Duty to ensure that SFARP the visitors are safe for which the purposes they are invited

Can display warning signs but this does not discharge there duty (sign must state dangers and what steps to take)

1984 duty to trespassers when:-
The occupier knows there are trespassers entering
Occupier is aware if the danger to trespassers
Where it is reasonable to offer protection from that risk (reasonably foreseen)

89
Q

What are the obligations of inspectors

A

Give information to employees or their representatives

Not to disclose and trade secret

90
Q

What are offences under summary, either way and indictment

What are maximum penalties for offences and what courts deal with them.

A

Summary offence s
Contravene section 14 HSE power to order investigation
Obstructing an inspector (33)
Falsely impersonation of inspectors

Either way
Contravening any general duties sections 2-7
Section 8
Section 9
Contravening any H&S regs
Contravening any requirement by inspector
Preventing inspector seeing or speaking to someone
Contravening notices
False statement
False entry in book

Indictable offences
Most serious offences

Summary offences
Magistrates courts
£20,000 and or six months

Indictable
Unlimited fines and or 2 years

91
Q

State the inspectors notices (meaning) and what the appeals process is

A
Formal caution 
Prosecution 
Notices 
Improvement 
Prohibition 

Improvement
Contravening health and safety law but not necessarily dangerous

Prohibition
Served in anticipation of danger, activities present a risk of personal injury

Appeals to ET within 21 days.

For improvement notice the appeal with suspend the operation of the notice until the appeal is heard, or withdrawn.

Prohibition
Will have same effect if person applies for notice to be suspended and the tribunal directs.

Appeal against improvement has following actions 
Upheld
Confirmed with modifications 
Extension is allowed for compliance 
Notice is cancelled 

Ground of appeal against an IN

Ultra vires, inspector acted above his powers.
Technicality- no signature
Measures not reasonably practical - IN excessive

Timescale
Wrong law

92
Q

Explain absolute and qualified duties

A

Duty holders
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Statutory duties, such a those under the Health and Safety at Work etc Act 1974 and Regulations made under the Act, give rise to criminal liability. There are three distinct levels of duty which must be taken into account in interpreting the requirements of the law.
Absolute or strict requirements
Where risk of injury or disease is inevitable if safety requirements are not complied with, a statutory duty may well be absolute or strict, indicated by the terms ‘shall’ or ‘must’ in the text of the legislation. Absolute or strict duties imply a higher level of duty than those qualified by ‘so far as is practicable’ and ‘so far as is reasonably practicable’.
Typical examples are:
Provision and Use of Work Equipment Regulations 1998
Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
Workplace (Health, Safety and Welfare) Regulations 1992
Every workplace and the furniture, furnishings and fittings therein shall be kept sufficiently clean.
The majority of duties on employers under recent Regulations tend to be of an absolute nature e.g. Management of Health and Safety at Work Regulations 1999.
Duties qualified by ‘so far as is practicable’
A duty qualified by ‘so far as is practicable’ implies that if, in the light of current knowledge or invention or, in the light of the current state of the art, it is possible to comply with that requirement, irrespective of cost or sacrifice involved, then such a requirement must be complied with [Schwalb v Fass H & Son (1946) 175 LT 345].
‘So far as is practicable’ means more than physically possible and implies a higher duty of care than a duty qualified by ‘so far as is reasonably practicable’.
Duties qualified by ‘so far as is reasonably practicable’
This implies a lesser level of duty than one qualified by ‘so far as is practicable’. ‘Reasonably practicable’ is a narrower term than ‘physically possible’ (i.e. ‘practicable’), and implies that a computation must be made in which the quantum of risk is placed in one scale and the sacrifice involved in the measures necessary for averting that risk are placed in the other. If it can be shown that there is a gross disproportion between these two factors, that is, the risk being insignificant in relation to the sacrifice, then a defendant discharges the onus upon himself. [Edwards v National Coal Board (1949) 1 AER 743].
The majority of the duties on persons under the Heath and Safety at Work etc Act 1974 and many Regulations, such as the Noise at Work Regulations 1989, are qualified by the term ‘so far as is reasonably practicable.

93
Q

Common regulations

A

http://www.legislation.gov.uk/uksi/1992/3004/contents/made

94
Q

Explain the principle of event tree analysis.

A

Based on binary logic (happens or doesn’t, component works or fails.

Consequences of loss making events eg gas leaks and chemical plant failures

Likelihood of success of ss
Likelihood of failure of ss improve reliability

Boolean logic

Limited by lack of knowledge of data

Doesn’t take into account partial success