Questions Flashcards
What factors affect risk control techniques ?
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
What are the moral legal and financial reasons for managing H&S
-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
Elements of HSG 65 and OHSAS 18001
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
What are the headings of Sections 2,3,4,6,7,8,9,20,36,37 of HASAWA. And reg 21 MHSWR 1999
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
What are the essential features of a simple contract ?
What types of contract are they ?
How long is a simple contract valid ?
-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.
What are direct and indirect costs
What are insured and uninsured costs
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)
Discrimination act 2010
What are the categories of discrimination ?
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
What should the significant finds in a risk assessment include ?
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.
What does CHIPPCRATCHETY stand for
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
What are the arguments for and against integration of Management systems ?
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.
What are HSE directors guides (leading change)
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.
What is the Procedure for making Legislation ?
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
What are the discrimination protected characteristics ?
G-gender R- Race A- Age M- marriage P- pregnancy S- sex Believe Disabled
What the three categories of risk acceptability tolerability ?
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
Identify 5 external bodies or individuals a safety representative may liaise with
Police Fire Environmental Agency HSE Contractors Insurance companies The public Occ health Local authorities
What are the five steps to risk assessment as described by the HSE ?
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
Explain the terms Qualitative and Quantitative risk assessment
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
What sources of information support hazard ID ? E and I and what are there benefits / limitations ?
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
Types of Hazard ID techniques
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.
What are the two factors that decide the magnitude of risk ?
Likelihood/ probability and consequence/ harm
Risk = Likelihood x consequence
What should the significant finds in a risk assessment include ?
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.
Risk control minimal standards are defined in ?
Legislation
Acops
Guidance
Brattish standards
To sue successfully for negligence what does the claimant have to prove ?
What are the main defences to negligence ?
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
When deciding on risk reduction actions what is the hierarchy of control ?
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
In relation to performance measure explain the terms hardware, software, reactive and proactive monitoring
Hardware
Plant premises substances
Software
People procedures and systems
Active Inspections Tours Audits Surveys
Reactive
Reporting or investigations of accidents
People process and property
What factors influence human behaviour and how do they influence H&S
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
Explain the term violation and classify violations as routine, situational, or exceptional.
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.
What are the general principles of prevention e.g. Factors to consider when deciding risk controls
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
Outline the organisational and behavioural factors that may lead to new employees to disregard safety information contained in safety induction training
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
Give the meaning of the following in the context of controlling human error:- Ergonomics Anthropometry Task analysis Motivation Attitude
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
What are the general duties owed by parties ?
What is the extent of duty of care .
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.
What is the meaning of suitable and sufficient ?
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.
What are FTA and ETA used for and what are their limitations ?
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.
Damage to which tort feasor is liable ?
How does occ health differ ?
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
Explain the terms Qualitative and Quantitative risk assessment
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
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 ?
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 ?
What is bosd it’s proofs and defences ? Breach of statutory duty given rise to civil action
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
What sources of information support hazard ID ? E and I and what are there benefits / limitations ?
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
What are the designers manufacturers and consumers general duties, under section6
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
Types of Hazard ID techniques
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.
What is corporate manslaughter
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
What are the two common risk management strategies ?
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.
What are the five steps to risk assessment as described by the HSE ?
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
Risk control minimal standards are defined in ?
Legislation
Acops
Guidance
Brattish standards
What are the two factors that decide the magnitude of risk ?
Likelihood/ probability and consequence/ harm
Risk = Likelihood x consequence
Outline the categorisation of human failure in HSG 48 and how the apply to an accident, and give actual incidents they relate too.
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.
What is negligence
What is a tort
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.
What are the societal factors that affect H&S management.
G-globalisation R- Risk Profile I-incapacity M- migrant workers E- economic climate S- corporate social responsibility G - government policy
What constitutes Gross negligence?
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
Outline (mayor) Hawthorne experiments
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.
What are the 12 types of Hazards
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
What are the outlines of the FRC guidelines 2004
-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
What is the meaning of suitable and sufficient ?
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.
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
Contractor must supply safe working environment including access and egress
To provide safe planet and ssow
Provide Welfare facilities
Provide IITS
Procedures for emergencies
When deciding on risk reduction actions what is the hierarchy of control ?
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
What are FTA and ETA used for and what are their limitations ?
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.
What are the 5 c’s of culture
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
Outline a range of factors that may affect how people perceive hazards in the workplace ?
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
What is vicarious liability ?
How can employer be liable from employee and contractor.
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
Identify the following concepts of a risk management programme and give an example for each ? Risk avoidance Risk reduction Risk transfer Risk retention
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)
Factors affecting the Choice of control measures ?
Long or short term Cost Applicability and practicability Effectiveness of control Legal requirements Associated standards Competence of personnel Training needs
What is Maslow’s heirachy of needs
The lower needs must be fulfilled before you move up the scale.
Biological Safety and security Social Self esteem Self actualisation
Outline ways in which human reliability in the work place my be improved: in your answer you should consider organisational , job and individual issues
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
What is Cost benefit analysis and what are its problems ?
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
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 .
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.
Explain how uk regulations are made and what is social- technological cost benefit analysis ?
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
Explain single cause henrichs domino theory and bird and Loftus and the differences ?
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)
What is the legal test for corporate manslaughter
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.
The consequences of human failure can be immediate or delayed Explain active (immediate) and latent failures
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
What is fe birds accident triangle ?
Serious 1 (fatal) Minor 10 (first aid) Damage 30 accidents Accidents 600 (near miss, no damage)
What are the powers of inspectors under section 20 of hasawa
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
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.
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.
Breaking the rules:- Outline the following violations and the associated cases (immediate causes too)
Routine
Situational
Exceptional
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.
Common law duties owed by employers to others
Safe place of work Safe systems of work Warning signs and notices Competent employees Safe plant equipment and materials IITS
Senior manager tells employee to catty on after prohibition notice. Action for inspector to prosecute when prohibition notice is broken ? What is the criteria .
Breach of notice Employer is body corporate Operations director is covered under section 37 Connivance Neglect Consent
Outline with examples, benefits of prescriptive and goal setting legislation
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
Outline five sensory inputs and explain how each may be impaired in the workplace
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
Briefly outline FW Taylor. Dc McClelland. Douglas mcgregor. Herzbergs two factor theory..
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
Explain the purpose of job safety analysis and its methodology.
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.
Probability of accidents in the following areas as per HSE guidance Mining Traffic Safest workplace Fire or explosion from gas
1000
10,000
100,000
1 million
What is the pre action protocol and what are the three tracks assigned.
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
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
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.
Outline factors when developing a worker consultation programme
Outline formal methods of consultation
Outlining informal methods of consultation
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
Briefly outline sections 36,37 of the HS@WA 1974 and reg 21 of the management regs 1999
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.
Briefly online the occupiers liability act 1957 and 1984
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)
What are the obligations of inspectors
Give information to employees or their representatives
Not to disclose and trade secret
What are offences under summary, either way and indictment
What are maximum penalties for offences and what courts deal with them.
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
State the inspectors notices (meaning) and what the appeals process is
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
Explain absolute and qualified duties
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.
Common regulations
http://www.legislation.gov.uk/uksi/1992/3004/contents/made
Explain the principle of event tree analysis.
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
