Questions Flashcards

Question

In relation to performance measure explain the terms hardware, software, reactive and proactive monitoring

Answer 1

Hardware Plant premises substances Software People procedures and systems ``` Active Inspections Tours Audits Surveys ``` Reactive Reporting or investigations of accidents People process and property

Answer 2

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

Answer 3

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. ```

Answer 4

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

Answer 5

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

Answer 6

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

Answer 7

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.

Answer 8

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.

Answer 9

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.

Answer 10

``` 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

Answer 11

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

Answer 12

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 ? ```

Answer 13

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 ```

Answer 14

``` 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

Answer 15

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

Answer 16

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.

Answer 17

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

Answer 18

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.

Answer 19

``` 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

Answer 20

Legislation Acops Guidance Brattish standards

Answer 21

Likelihood/ probability and consequence/ harm Risk = Likelihood x consequence

Answer 22

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.

Answer 23

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.

Answer 24

``` G-globalisation R- Risk Profile I-incapacity M- migrant workers E- economic climate S- corporate social responsibility G - government policy ```

Answer 25

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

Answer 26

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.

Answer 27

``` 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 ```

Answer 28

-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

Answer 29

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.

Answer 30

Contractor must supply safe working environment including access and egress To provide safe planet and ssow Provide Welfare facilities Provide IITS Procedures for emergencies

Answer 31

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

Answer 32

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.

Answer 33

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

Answer 34

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

Answer 35

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

Answer 36

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)

Answer 37

``` Long or short term Cost Applicability and practicability Effectiveness of control Legal requirements Associated standards Competence of personnel Training needs ```

Answer 38

The lower needs must be fulfilled before you move up the scale. ``` Biological Safety and security Social Self esteem Self actualisation ```

Answer 39

``` 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 ```

Answer 40

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

Answer 41

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.

Answer 42

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 ```

Answer 43

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) ```

Answer 44

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.

Answer 45

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

Answer 46

``` Serious 1 (fatal) Minor 10 (first aid) Damage 30 accidents Accidents 600 (near miss, no damage) ```

Answer 47

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

Answer 48

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.

Answer 49

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.

Answer 50

``` Safe place of work Safe systems of work Warning signs and notices Competent employees Safe plant equipment and materials IITS ```

Answer 51

``` Breach of notice Employer is body corporate Operations director is covered under section 37 Connivance Neglect Consent ```

Answer 52

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

Answer 53

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

Answer 54

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

Answer 55

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.

Answer 56

1000 10,000 100,000 1 million

Answer 57

``` 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

Answer 58

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.

Answer 59

``` 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 ```

Answer 60

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.

Answer 61

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)

Answer 62

Give information to employees or their representatives Not to disclose and trade secret

Answer 63

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

Answer 64

``` 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

Answer 65

Duty holders Print Email 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.

Answer 66

http://www.legislation.gov.uk/uksi/1992/3004/contents/made

Answer 67

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

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