What is a Prohibition notice?
- A notice issued by an inspector to halt an activity which the inspector feels could lead to a serious personal injury.
- It Identifies which legal requirement is being or is likely to be contravened.
- This takes effect as soon as it is issued.
• an appeal may be made to the Employment Tribunal but, in this case, the notice remains in place during the appeal process
There are two forms of prohibition notice:
➤an immediate prohibition notice – this stops the work activity immediately until the specified risk is reduced
➤a deferred prohibition notice – this stops the work activity within a specified time limit.
What is an Improvement Notice?
Issued by an inspector that identifies a specific breach of the law and specifies a date by which the situation is to be remedied.
• An appeal must be made to the Employment Tribunal within 21 days. The notice is then suspended until the appeal is either heard or withdrawn
Define Health?
The protection of the bodies and minds of people from illness resulting from the materials, processes or procedures used in the workplace.
Define Ill Health?
The two words are normally used together to indicate concern for the physical and mental well-being of the individual at the place of work.
Define Welfare?
The provision of facilities to maintain the health and well-being of individuals at the workplace. e.g. washing and sanitation arrangements, the provision of drinking water, heating, lighting, and accommodation for clothing, seating (when required by the work activity), eating and rest rooms, first aid arrangements.
Define Environmental protection?
Arrangements to cover those activities in the workplace which affect the environment (in the form of flora, fauna, water, air and soil) and, possibly, the health and safety of employees and others. This includes waste disposal and atmospheric pollution.
Define Hazard and a Risk?
The two terms are often confused and activities such as construction work are called high risk when they are high hazard. Although the hazard will continue to be high, the risks will be reduced as controls are implemented. The level of risk remaining when controls have been adopted is known as the residual risk. There should only be a high residual risk where there is poor health and safety management and inadequate control measures.
Give examples of an Insure direct cost?
- Claims on employers and public liability insurance
- Damage to buildings, equipment, vehicles
- Absence from employees
Give examples of an Uninsured direct cost?
- Fines resulting from prosecution by the enforcement authority
- Sick pay
- Some damage to the product , equipment, vehicles or process (not directly associated with accident
- Increases in insurance premium
- Any compensation not covered by insurance
- Legal representation following a compensation claim
Give examples of an insured indirect cost?
- A cumulative business loss
- Product or process liability claims
- Recruitment or replacement staff
Give examples of an uninsured indirect cost?
- Loss of goodwill and a poor corporate image
- Accident investigation time
- Production delays
- Extra overtime payments
- Recruitment and training replacement staff
- First aid-provision and training
- Lower employee morale possibly leading to reduced productivity
Define Negligence?
It is the lack of reasonable care or conduct which results in the injury, damage (or financial loss) of or to another.
Define PRACTICABLE?
Capable of being carried out or feasible (given current knowledge, finance, information etc.)
Define REASONABLY PRACTICABLE?
Must be technically possible, and the risk assessed against the cost. Where cost is disproportionately high, can be deemed not to be reasonably practical.
What are the powers of the inspector?
- enter premises at any reasonable time
- can bring police officer, if necessary
- can bring another authorizes person and necessary equipment
- can bring specialist
- must be provided with facilities to work
- examine, investigate
- require the premises to be left undisturbed
- take samples, photographs and, if necessary, dismantle and remove equipment or substances
- require the production of books or other relevant documents and information
- seize, destroy or render harmless any substance or article
- require any person who can give info to answer question and sign statement
- issue enforcement notices and initiate prosecutions (he can just caution)
- take no action
- give verbal advice
- give written advice
- formal caution
- serve an improvement notice
- serve a prohibition notice
- initiate prosecution
What are the 6 steps of Hazard prevention?
- Eliminate the hazard
- Substitution
- Use of barriers (Isolation/segregation)
- Procedures (SSW/Dilution)
- Warning systems (Instruction/Training/Signs/Markings)
- PPE
What is meant by an Accident?
Any unplanned event that results in injury or ill health of people, or damage or loss to property, plant, materials or the environment or a loss of a business opportunity’. Other authorities define an accident more narrowly by excluding events that do not involve injury or ill-health.
Define Near miss?
Is any incident that could have resulted in an accident.
What does RIDDOR refer to?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
Define Immediate cause?
The most obvious reason why an adverse event happens, e.g. guard is missing. There may be several immediate causes in any one adverse event.
Four basic elements to a sound investigation?
- collect facts about what has occurred
- assemble and analyse the information obtained
- compare the information with acceptable industry and company standards and legal requirements to draw conclusions
- implement the findings and monitor progress
Name a few Major reportable Injuries?
- Any fracture excl. Fingers/thumbs/toes
- Amputation
- Dislocation of the shoulder/hip/knee/spine
- Loss of sight
- Chemical or hot metal burn to the eye / any penetrating injury to the eye
- Any injury resulting from electrical shock or burn leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24hrs
- Injury leading to hypothermia/heat-induced illness or to unconsciousness
- Injury requiring resuscitation
- Injury requiring admittance to hospital for more than 24hrs
- Loss of consciousness caused by asphyxia or by exposure to a harmful substance or biological agent
- Acute illness requiring medical treatment or loss of consciousness which result from the absorption of any substance by inhalation/ingestion/through the skin
- Acute illness which requires medical treatment where there is reason to believe that this resulted from exposure to a biological agent/its toxins/infected material
What is stated under The OHS Act (section 13 with regards to injury on duty?
States that the employer (represented by HR or a Line Manager) has a duty to inform a health and safety representative as soon as possible if there has been an incident in the workplace.
What injuries under Section 24 incidents: report to Dept of Labour should be reported?
Serious incidents/accidents are addressed in section 24 of the OHS Act. These include incidents where the affected person required medical treatment other than first aid, and certain types of near miss incidents.
Section 24 incidents must be reported by the employer to the Department of Labour (DoL) Provincial Director within seven (7) days. If not, the employer will be guilty of a criminal offence and will have to pay a penalty.
