Typical Examination Questions based on Element 1.3 Organising for health and safety

1. (a) List FOUR categories of persons, other than employees, to whom an employer owes a duty to take reasonable care.
   
   (b).Outline the procedure that an organisation may adopt in order to ensure the safety of visitors to its premises. (6)


2. (a) Outline the duties placed on an employer towards employees under the Health and Safety at Work etc. Act 1974 (10)
   
   (b) Outline an action plan which would help ensure that the employer complies with these duties. (10)



3. Outline the functions of a safety representative as stated in the Safety Representatives and Safety Committee Regulations 1977. (8)
   
   
4. Outline the topics that may be included on the agenda of a health and safety committee meeting. (8}
   
   
5. In relation to the Health and safety (Consultation with Employee) Regulations 1996
   
   identify:
   
   (i) The health and safety matters on which employees have a duty to consult their employees. (4)
   
   (ii) Four types of information that an employer is NOT obliged to disclose to an employee representative. (4)



6. (a) Explain under what circumstances an employer must form a safety committee (2)
   
   (b) Explain why a health and safety committee could be ineffective. (6)

Answers :-

E3/1
(a) Categories could include, visitors, contractors, members of the public, trespassers.
(b) Procedures could include: Visitors signing in/out, badge system, Provision of instructions and information, restrictions from dangerous areas, escorting visitors at all times, checking for special needs.

E3/2
(a) Section 2 of the HSW Act'74 requires the provision and maintenance of safe plant, systems of work, articles and substances as well as the provision of adequate information, instruction, training and supervision.

(b) Reference should be made to provision of resources, defining responsibilities, assessing risks, identification of training needs, setting targets and time-scales, monitoring and ensuring adequate consultation.

E3/3
Do not confuse rights of representatives with their functions which are:

• Investigating potential dangerous situations and incidents affecting the wellbeing of employees
• Dealing with complaints from employees on health and safety matters
• Representation and consultation with employers on behalf of employees
• Making representations to employees on matters concerning the wellbeing of employees and on general health and safety issues
• Representing employees in workplace consultations with enforcing authority inspectors
• When appointed attending at safety committee meetings

E3/4
Topics could include:

• Review of recent accidents
• Review of proactive monitoring such as safety inspections and audits, statutory examinations of plant
• Reviewing health surveillance requirement and availability
• Review of visits by enforcing authorities
• Considering new or pending legislation, APCOP, Guidance notes or trade articles.
• Consideration of consultation with staff and questions etc. raised by staff
• Reviewing any changes that can affect safety issues
• Training and educational needs and availability
  

E3/5

(i) Introduction of measures that may substantially affect the health and safety of employees
The arrangement for appointing or nominating competent persons
Any health and safety information the employer must provide to employees
The planning and implementation of safety training
The health and safety consequences of introducing new technology, work shifts or patterns
(ii) Not obliged to disclose to employees:

• Personal health or medical records of specific individuals
• Information regarding national security
• Information not related to health and safety issues
• Where the information would contravene a statutory prohibition imposed on the employer
• Information obtained by the employer in connection with court proceeding
• Information that could damage the employer's business interests
  

E3/6
(a) Where they are requested to do so by two or more trades union appointed safety representatives
(b) Lack of:

• Commitment or motivation by members
• A formal agenda
• A good chairperson
• Expertise among member$
• Input to decision making
• No direction or remit