The answers given in these papers are in bullet form, you MUST pay attention to the key ACTION VERBS in order to give full answers. I take no responsibility for answers given in exams in the style portrayed in the PRACTICE questions and answers written by myself.
Question 1
i. List FOUR health and safety regulations that specify a legal duty to provide adequate lighting at work.
• Workplace (Health, Safety and Welfare) Regulations 1992 • Provision and Use of Workplace Equipment Regulations 1998 • Health and Safety (Display Screen Equipment) Regulations 1992 • Electricity at Work Regulations 1989 • Fire Precautions (Workplace) Regulations 1997 • Confined Spaces Regulations 1997.
ii. Describe the effects inadequate lighting in a workplace would have on health and safety.
• Eye strain • Headaches • Adopting poor posture • Tripping over unseen objects • Human error is likely to increase. • NOTE: Both individual health risks and physical risks are required.
iii. Outline which factors should be considered on assessment of the adequacy of lighting within an open plan office.
• The tasks being carried out • The equipment used • The size and layout of the office i.e. distance of workstations to windows and the use of partitions • Natural light available at different times of the day and year • Suitability of the number, type, intensity and hue of artificial lights • Computer screen glare • Shadowed areas • Localised lighting, need for and availability of • Maintenance of non-functional, flickering, damaged or dirty lights • Provision and adequacy of emergency lighting.
Question 2
i. State the conditions that must be fulfilled to show that an employer may be held vicariously liable for the negligence of an employee.
• The employee was acting in the course of his/her employment • The employee caused damage or injury by not fulfilling a common law duty of care. • Note: BOTH these conditions must be met to find the employer liable.
ii. Outline the legal duties required to be met by employers in order to ensure employees behave in a safe manner.
• Section 2 of the Health and Safety at Work etc Act 1974: to provide information, instruction, training and supervision to employees • Regulation 11 of the Management of Health and Safety at Work Regulations 1999: employees’ capabilities must be considered before allocating tasks to them. Regulation 11 also has more depth on forms of training that should be provided. • Construction (Design and Management) Regulations 1994 have similar requirements.
Question 3
Outline management techniques which can encourage a positive attitude to health and safety in the workplace.
• Communication • Employee involvement • Incentives • Leading by example • Performance appraisals.
Question 4
a) Explain by way of example, why a health and safety inspector would serve:
i. An improvement notice
• A breach of statutory duty and a likelihood or continuation or repeat of the breach. E.g. inadequate guarding on boring machine – breach of The Provision and Use Of Work Equipment Regs 1998
ii. A prohibition notice
• If there is an imminent risk to health and safety the operation must cease immediately. E.g. No hot water washing facilities- using concrete- risk of dermatitis – breach of HSWA 1974, The Construction (Health, Safety and Welfare) Regulations 1996, The Control of Substances Hazardous to Health Regulations 2002.
b) Outline what the effect on EACH notice would be in the case of an appeal against them.
• An improvement notice is suspended until the appeal is heard • A prohibition notice remains in force.
Question 5
Outline what type of information is required in a health and safety plan before work commences on a building project as described under the CDM Regulations 1994.
• The nature and risks of the work involved • Method statements • Emergency arrangements • Co-ordination of, and liaison between, the relevant parties • Use of plant and equipment • Site rules • Welfare arrangements • Accident reporting • Instruction and training • Provision and use of personal protective equipment • Monitoring and review arrangements
Question 6
a) Give FOUR reasons why there should be a system for the internal reporting of accidents in an organisation.
• The compilation of accident statistics and identifying trends • To meet the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 • Investigations may be carried out to prevent future occurrences • Use in civil claims or to satisfy insurance requirements • Help in the identification and reduction of loss • Inform the review of risk assessments.
b) Outline the factors that could prevent accidents from being reported at work by employees.
• Ignorance of reporting procedures • Peer pressure • Possible retribution by management • Preservation of the company’s or departments safety record (particularly where incentive schemes are in place) • Avoidance of first-aid or medical treatment • Over-complicated reporting procedures • Lack of management response to earlier reported accidents.
Question 7
Outline the information that should be given to employees when they could be exposed to a substance hazardous to health in the workplace.
• Nature of substance and its possible effects • How it is to be used, transported and stored • Provision and use of control measures • Possible use of personal protective equipment including information on its availability, storage, cleaning, maintenance and replacement • Procedures relating to personal hygiene • Monitoring • Health surveillance • Emergencies including first-aid and spillage procedures.
Question 8
Outline why a verbal instruction given to an employee may not be clearly understood.
• Noise and distractions • Use of technical jargon • Complexity of information • Ambiguity • Language and/or dialect of the speaker • Sensory impairment • Mental difficulty • Inattention or inexperience of the recipient • Lengthy communication chains.
Question 9
a) List FOUR other categories of people rather than employees that an employer owes a duty to take reasonable care.
• Visitors • Members of the public • Uninvited persons/trespassers • Contractors
b) Outline procedures that could be used to ensure the safety of visitors to an organisations premise.
• Identification of visitors: signing in, badges etc. • Information regarding the risks present and site rules and procedures, especially in emergency situations • Visitor supervision i.e. escorts • Restricted access to certain areas.
Question 10
State the requirements of the Fire Precautions (Workplace) Regulations 1997 with regards of emergency exits and routes.
• Risk assessment to take into account the dimensions of the escape route, length and width, and number of persons to be evacuated. • Doors must open easily and in the direction of escape • Emergency signs and lighting • Escape routes must be kept clear of obstruction at all times • Escape routes must lead directly to a place of safety.
Question 11
List the powers given to inspectors under the Health and Safety at Work etc Act 1974.
• The right to enter premises, if necessary with police assistance • To carry out examinations and investigations • To direct that premises or equipment be left undisturbed for the purpose of investigations • To take measurements and photographs • To inspect and/or take copies of documents and records • To take samples • To interview a person and obtain a signed declaration of truth • To take possession of articles and substances • To issue enforcement notices • To instigate and conduct proceedings in a magistrates court (except Scotland). • To dismantle and/or test any item or substance which they decide is harmful to health.
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