| 1) | | A contractor has been engaged by a manufacturing company to undertake extensive maintenance work on the interior of the walls of a factory workshop. | |
| a) | State the legal duties that the manufacturing company owes the contractor's employees under the Health and Safety at Work act 1974 |
(4)
|
| | The company has the obligation under section 3 of the HSWA'74 to ensure that none of the activities carried out by that employer affect the contractors employed to carry out the works, under section 4 of the Act the company also has the obligation to ensure that all and any equipment used by the contractor is safe and fit for purpose and its use and operation would not cause harm to anyone working with the building. | |
| b) | Outline the information relevant to health and safety that should be provided before work commences by:
|
|
| i) | The manufacturing company to the contactor, AND; |
(4)
|
| | The company should provide detailed plans for the required work, they should highlight any particular hazards that may be present during their operations and any controls that are used i.e. ear defenders if it's a noisy area, they should provide details of entry and exit to the place of work, emergency procedure, location of first aid any amenities that are available for use, most of this information should be included in the health and safety plan for the works. | |
| ii) | The
contractor to the manufacturing company |
(4)
|
| | The contractor should provide detail methods statement on how they intend to do the work have carried out risk assessment and recorded the findings, prepared a health and safety plan for all the works, which should included the contractors information for first aid reporting of incidents emergency contacts and details of amenities.etc. | |
| c) | Describe additional procedural measures that the manufacturing company should take to help ensure the health and safety of their own and the contractor's employees |
(8)
|
| | The company should clearly notify its own employees of what and where the works that is taking place and take steps to ensure that they are kept away by usage of barriers signs etc. For the contractor they company should look at induction training, permit to work systems and keep regular contact with the contracting company and monitor the activities as they develop. | |
| 2) | a) | Giving a practical example , explain the meaning of the term 'human error |
(2)
|
| | Human error can be defined as a mistake by an operative rather than by a process or machinery i.e. failing to set the chuck guard on a centre lathe and this resulted in an accident it would be due to human error. | |
| b) | Outline individual factors that may contribute to human errors occurring at work |
(6)
|
| | Most human errors that occur can be attributed to things like over confidence and familiarity by operatives, Monotonous or routine of operation, also by lack of training in the process and or lack of supervision. Other factors could be outdated processes and machinery could contribute to the likelihood of human error, or even if workers are under the influence of alcohol or drugs. | |
| 3) | | Outline the factors to consider when making an assessment of first-aid provision in a workplace |
(8)
|
| | When providing first aid in a workplace factors that should be considered include
How many staff are employed, how many trained first raiders are required, what are the main risks with the operation, are there any special risks that require specialist training for first aiders, what type of accident are most likely to occur, Where are the nearest emergency services located,
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| 4) | a) | Explain, using a relevant example, the circumstance under which a health and safety inspector may serve am improvement notice |
(2)
|
| | An improvement notice can be issued if an inspector judges that there is a breach of regulations and this breach would continue unless some action was taken, i.e. a company had not completed a risk assessment for an operation or process under the management of Health and Safety regulations 1999 | |
| b) | Identify the time period within which an appeal may be lodged against an improvement notice AND state the effect the appeal will have on the notice |
(2)
|
| | The time period in which an appeal can be lodged is 21 days and they operation can continue whilst the appeal is being decided.
| |
| c) | State the penalties for contravening the requirements of an improvement notice when heard BOTH summarily AND on indictment |
(4)
|
| | If tried summarily the fine is £20 000 and or 6 months imprisonment
When tries on indictment the maximum fine is unlimited with up to 2 years imprisonment. | |
| 5) | | Outline the criteria that will determine whether a risk assessment undertaken to comply with the Management of Health and Safety at Work Regulations 1999
'Suitable and sufficient |
(8)
|
| | A risk assessment can be deemed "suitable and sufficient" if it meets the following criteria. That all risks have been identified and they have been assessed all the people who could be at risk have been identified including other employees members of the public or any other groups and the current control measures assess against their effectiveness and any changes to these documented. These all must be relevant to the type of work being undertaken and be sufficient to last a reasonable amount of time. | |
| 6) | | Sate the issues that should be included in a typical workplace accident reporting procedure. |
(8)
|
| | Accident reporting could be split into two areas Internal and external
For internal reporting the procedure should detail when to fill in accident reports or near misses in to the register, it could detail the procedure to follow depending on the type of accident. Identify who might have to inform next of kin.
For External reporting this would address the responsibilities required under Reporting of Incidents, Diseases or Dangerous Occurrences Regulations (RIDDOR).
Details of who would make such a report and what kind of data should be included; it should also include confidentiality of the data under the data protection act. | |
| 7) | | In order to meet a production deadline, a supervisor instructed an employee to operate a machine, which they both knew to be defected
| |
| | Giving reasons in EACH case, identify possible breaches of the Heath and Safety at Work etc Act 1974 in relation to this scenario |
(8)
|
| | Several breaches of the Act can be identified here mainly, the company's responsibility to provide and maintain adequate plant and machinery (section 2), also provide adequate supervision, senior management could be at fault here if they knew about the defects and the intention to use the machine. The supervisor and operative failed to comply with act because they failed to take reasonable care and work in a safe manner (sections 7 and 8), the wilful misuse of machinery therefore putting themselves and others at risk. | |
| 8) | | Outline the reasons why an organisation should monitor and review its health and safety performance |
(8)
|
| | Apart from the fact that monitoring and reviewing of H&S performance being an essential part of any good H&S management system, it also offers insight into how well a company's performance is against targets set or benchmarks and comparison it allows trend analysis to determine possible deficiencies or area of improvement in a process or operation. It also provides the required detail to enable the production of an H&S report for senior management. | |
| 9) | | With respect to the Safety Representatives and Safety Committees Regulations 1977 | |
| a) | State when a safety representative is legally entitled to inspect the workplace |
(6)
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| | After any significant change in legislation that effects the work place at the behest of colleagues if reasonable ground can be given i.e. identified an unsafe practice. Or after either a reportable incident or dangerous occurrence. Written notice to the employer if an inspection has not been carried out in the previous 3 months
| |
| b) | Describe the facilities that an employer may need to provide to safety representatives |
(2)
|
| | The employer must provide access to phones and fax provide access to a computer and any relevant data i.e. safety inspection records accident book
| |
10) | | Outline the factors that may determine the level of supervision an employee should receive during their initial period within a company |
(8)
|
| | Determining the amount of supervision an employee should receive would depend on the amount of experience that individual has of the task they are being asked to do their qualifications and knowledge level. Whether they are familiar with the working practices, their age and any special needs they may have or any specific safety concerns | |
| 11) | | Identify the issues that should be contained in the 'arrangements' section of a health and safety policy |
(8)
|
| | The arrangement section of the H&S policy is the area of the policy where thinks such as risk assessments, reporting of incidents procedure , the wearing of PPE, identification of particular hazards i.e., noise, radiation, it is also the area where the procedure for controlling contractors, work permits , visitors, Emergency procedures for fire or evacuation etc, should also be detailed here | |
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