Element 1: Why we should manage health and safety

1. Define:

Health.

Safety.

Welfare.

a) Health: The absence of disease or ill health

Safety: The absence of risk of serious personal injury

Welfare: Access to basic facilities such as toilet facilities, hand-wash stations, changing rooms, rest rooms, places where food can be prepared and eaten in relatively hygienic conditions, drinking water and basic first-aid provision.

2. What are the possible consequences of not achieving good standards of health and safety?

a) The possible consequences of not achieving good standards of health and safety are:

· Costs of accidents and ill-health in terms of lost production

· Loss of key personnel due to accidents and or ill health or even leaving the company for safer environments (next point)

· Replacement staff costs to cater for those off work due to ill health or injury or those leaving the business to go elsewhere for fear of their health and safety

· Investigation costs relating to accidents and incidents are a lot higher than management and others realise

· Higher insurance premiums will result if the claims history or risk rating of the company is adverse

· Equipment/plant damage and replacement costs

· Legal defence costs that need to be paid in order for a defence to be made by the organisation

· Fines for breaches of health and safety compliance

· Possible imprisonment of persons at various levels for not adhering to the required level of legislative compliance i.e. duty of care.

· Product quality could be affected, as persons who feel that they are not being suitably protected will not have the same degree of care as those that feel their health and safety is being considered

· Resource allocation – if adequate resources are not allocated to health and safety then there is every likelihood deficiencies will arise which may include noncompliance with recognised legislative and best practice standards

· Poor Public and employee relations

3. Replacement or repair of damaged equipment is a cost that an organisation may incur following an accident at work.

What are the EIGHT other possible costs to the organisation following a workplace accident.

a) Other possible costs to the organisation following a workplace accident are:

Direct costs

These are costs which are directly related to the accident and may be insured or uninsured.

Insured direct costs normally include:

· Claims on employers and public liability insurance

· Damage to buildings, equipment or vehicles

· Any attributable production and/or general business loss.

Uninsured direct costs include:

· Fines resulting from prosecution by the enforcement authority

· Sick pay

· Some damage to product, equipment, vehicles or process not directly attributable to the

· accident (e.g. Caused by replacement staff)

· Increases in insurance premiums resulting from the accident

· Any compensation not covered by the insurance policy due to an excess agreed between

· the employer and the insurance company

· Legal representation following any compensation claim.

Indirect costs

These are costs which may not be directly attributable to the accident but may result from a series of accidents. Again, these may be insured or uninsured.

Insured indirect costs can include:

· A cumulative business loss

· Product or process liability claims

· Recruitment of certain replacement staff.

Uninsured Indirect costs

· Loss of goodwill and a poor corporate image

· Accident investigation time and any subsequent remedial action required

· Production delays

· Extra overtime payments

· Lost time for other employees, such as a first aider, who attend to the needs of the injured

· person

· The recruitment and training of most replacement staff

· Additional administration time incurred

· Lower employee morale possibly leading to reduced productivity

4. What are the possible costs to an organisation when employees are absent due to work-related ill-health?

a) There are a range of costs that have to be considered has having an impact on the organisation, including, but not limited to:

· Replacement of staff

· Retraining those who will be replacing those absent

· Project delays

· Medical costs

· Payments while the person is off work

· Compensation costs (civil)

· Defence costs of a criminal and/or civil action

· Adverse publicity

· Loss of staff motivation which will impact productivity

· Revision of work processes

· Investigation costs

5. What are the examples of possible insured and uninsured costs?

a) Insured Costs

Damage to plant, buildings and equipment.

Compensation paid to workers.

Medical costs.

Legal costs associated with a legal claim for compensation.

Uninsured Costs

Production delays or down time.

Loss of raw materials due to accidents.

Accident investigation time.

Criminal fines and legal costs.

Sick pay for injured workers.

Overtime to make up for lost production.

Hiring and training new employees.

Loss of business reputation.

6. What are the economic benefits that an organisation may obtain by implementing a successful health and safety management system?

a) The economic benefits that an organisation may obtain by implementing a successful health and safety management system are:

· Reduces risk to an organisation – risk assessments allow the identification and onwards management of risk

· Reduced risk allows/attracts reduced insurance liability coverage

· Ensures legal compliance and as a consequence helps the organisation to avoid costly legal as well as civil actions

· Having less accidents/incidents means that time is more productive and as such would improve overall financial performance (could even have quality improvement connotations).

· There will be cost savings to employers (as stated earlier), individuals – as they will not have earnings affected due to accident/ill-health absence, the economy would benefit by having additional availability of cash and of course society would not be faced with the financial burden of caring for persons who are ill/recovering/disabled due to poor and /or unsafe working practices.

· It would allow target setting and as such economic benefit would be obtained by the company being aware of their performance and effectively managing it accordingly.

7. What are the possible reasons why good standards of health and safety in the workplace may not be achieved?

a) Reasons why good standards of health and safety may not be achieved in the workplace

include:

· A lack of management commitment.

· Poor morale among the workforce and a lack of motivation.

· Frequent changes in the organisation.

· A lack of resources possibly due to a harsh economic climate.

· Conflicting demands with priority being given to production targets and meeting deadlines.

· Poor communication and consultation with the workforce.

· A failure to provide adequate training leading to a lack of awareness amongst workers.

· A failure to complete risk assessments and to produce safe systems of work and method statements; and

· Generally poor standards of health and safety in the industry leading to a lack of peer pressure.

 

8. What are the sources of information that an organisation may use to help maintain and promote good standards of health and safety in the workplace?

a) Sources of information that an organisation may use to help maintain and promote good standards of health and safety include:

· Legislation including directives and regulations.

· ILO codes of practice, conventions, guidelines and recommendations together with those produced nationally.

· Information produced by the world health organisation (who) and the European agency for

· safety and health at work.

· International standards such as those from iso and bsi.

· Guidance produced by the various enforcement agencies.

· Manufacturers’ data.

· Information produced by trade associations, trade unions and professional bodies.

· Accident and ill-health data and

· Information emanating from completed risk assessments, inspections and audits.

9. What are the possible consequences to workers injured in an accident at work?

a) Possible consequences to a worker injured in a workplace accident include:

· Pain and suffering and even disability or death with its resultant impact on family life; loss of earnings and future earning capacity following time off work and even loss of current employment

· Medical expenses and loss of confidence and motivation giving rise to social and psychological problems.

10. What are the possible costs to an organisation following an accident in the workplace?

a) Possible costs to an organisation are: (include both direct cost and indirect cost)

· Lost production,

· Staff replacement

· Staff training / retraining

· Staff absence,

· Sick pay,

· Temporary replacement with the need for additional training,

· Repair of damaged plant and equipment,

· Damage to products,

· Investigation and remedial action,

· Additional administration incurred,

· An increase in insurance premiums,

· Fines and compensation awarded,

· Court and other legal representation.

· Costs arising from a loss of business image and

· The detrimental effect on worker morale resulting in reduced productivity.

11. What are the main health and safety responsibilities of employers?

a) The main health and safety responsibilities of an employer are:

· To provide and maintain safe plant and equipment,

· To carry out risk assessments.

· To introduce safe systems of work.

· To ensure the safe use, storage, handling and transport of articles and substances.

· To provide and maintain a safe workplace, including access and egress.

· To provide a safe working environment with adequate welfare facilities including first aid,

· To provide information, instruction, training and supervision for workers.

· To prepare and revise a health and safety policy.

· To cooperate with and consult with workers.

· To secure competent health and safety advice and to cooperate with other employers at the workplace

12. What are the main health and safety responsibilities of employees?

a) The responsibilities of employees are:

· To cooperate with their employer,

· To take reasonable care for their own safety and that of their fellow workers

· To report accidents and any dangerous situations at the workplace.

· Not to misuse any equipment provided for them,

· To follow site rules and

· Should not take alcohol or drugs during their working time.

13. What are the powers available to an inspector/enforcement agency when investigating a workplace accident?

a) An inspector has the right to:

· Enter premises at any reasonable time, accompanied by a police officer, if necessary

· Examine, investigate and 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

· Issue enforcement notices and initiate prosecutions.

· An inspector may issue a formal caution when an offence has been committed but it is deemed that the public interest does not require a prosecution. Formal cautions are not normally considered if the offender has already had a formal caution.

14. What are the two types of enforcement notice that may be served by an inspector, stating the conditions that must be satisfied before each type of notice is served?

a) There are two types of enforcement notices:

Improvement notice – This identifies a specific reach of the law and specifies a date by which

the situation is to be remedied.

Prohibition notice – This is used to halt an activity which the inspector feels could lead to a

serious personal injury. The notice will identify which legal requirement is being or is likely to

be contravened. The notice takes effect as soon as it is issued.

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.

15. What are the actions an enforcement authority might take if it finds that an employer is not meeting its responsibilities?

a) A breach of health and safety legislation is usually a criminal offence. Wherever you are in the world, failure to meet legal standards might lead to

· Formal enforcement action: an enforcement agency might force an employer either to make an improvement within the workplace within a given time, or to stop carrying out high risk activities altogether until improvements are made. Failure to comply with formal enforcement action is usually considered to be an offence.

· Prosecution of the organization in the criminal court: successful prosecution might result in punishment in the form of a fine.

· Prosecution of individuals, such as directors, managers and workers: successful prosecution might result in punishment in the form of a fine and/or imprisonment.

OR

· Giving advice or warning either verbally or in writing.

· Requiring that an improvement is made within a given period of time.

· Requiring the cessation of work until improvements in health and safety are made; and

· Taking formal legal proceedings such as prosecution.

 

16. What are the reasons for implementing and maintaining good standards of health and safety?

a) Moral Reason: The moral reason relates to the moral duty that one person has towards another. Many people are killed and injured by their work. This is morally unacceptable and society as a whole demands that people are safe when they are at work.

The moral argument centres on the need to provide a reasonable standard of care and to reduce the injuries, pain and suffering caused to workers by accidents and ill health

Legal Reason: It relates to the framework of laws that govern the conduct of the businesses and organisations. An employer has a duty to provide.

· Safe place of Work

· Safe Plant and equipment

· Safe systems of Work

· Training, supervision and competency of staff.

The legal reasons are centred on compliance with the law and ILO and other international standards to avoid criminal penalties and to comply with the employer’s common law duty to take reasonable care of workers.

Financial Reasons: these relates to the fact that accidents and ill-health cost money. When an accident occurs, there will be a direct cost and indirect cost as a result of that event. Some of them may be insured and some of them may be not.

17. What are the criteria the client should look at when selecting a contractor?

a) In deciding which contractor should be chosen for a task, the following should be considered:

· Does the contractor have a health and safety policy?

· Does the contractor have competent staff?

· Membership of professional bodies and trade associations

· The equipment the contractor uses

· Names of current and previous clients

· Their accident rate and how they monitor it

· Records of maintenance and test for plant and equipment

· Details of sub-contractors if any

· Proof of adequate resources

· Records of enforcement actions taken against them.

 

 

18. How the organisations could work together to help ensure the workplace is safe and healthy?

a) In order to ensure a safe and healthy workplace, the two organisations could:

· Hold regular meetings of their managers.

· Share information and risk assessments in order to avoid carrying out incompatible processes and activities and using incompatible substances.

· Prepare and agree joint site rules for the workplace for example for assembly points and smoking areas.

· Set up joint procedures for the management of visitors and contractors.

· Agree on procedures for the management of traffic and the movement of vehicles.

· Carry out joint inspection’s investigations and monitoring of the workplace.

· Draw up joint emergency procedures and introduce fire drills for the work site as a whole.

· Agree a policy for the management of waste and

· Introduce joint safety committees and worker representatives.

19. What are the issues that should be considered to achieve co-operation and co-ordination where employers share a workplace?

a) The issues that should be considered to achieve cooperation and coordination in a shared workplace include:

· The need for all employers to share information on the hazards and risk associated with their particular activity.

· The maintenance of access and egress to the workplace and the control of access by visitors and others.

· The maintenance and cleanliness of shared and public areas.

· The control of vehicle movement in the workplace.

· The preparation of procedures for dealing with serious or imminent danger and emergencies.

· The appointment of key personnel with specific responsibility for matters such as fire and first aid.

· The provision of joint first aid facilities.

· The allocation of responsibility for environmental controls such as heating, ventilation and air conditioning.

· The maintenance and cleanliness of welfare facilities; and

· The provision of security arrangements to deal with unwelcome visitors and/or trespassers.

20. What are the responsibilities of directors and senior managers?

a) The responsibility of directors and senior managers is to ensure that:

· The right health and safety policy is put in place.

· Adequate resources are allocated to establish, implement and maintain the health and safety management system. This includes sufficient funding to deliver the objectives in the policy, but also competent personnel to assist in the delivery of the policy objectives.

· The right organisational structures with clear roles and responsibilities are put in place.

· A director/senior manager is appointed with specific responsibility for health and safety so that it can be championed at board level.

· One or more competent persons are appointed to assist the organisation in meeting its health and safety obligations.

· Contractors are engaged and managed correctly, demonstrating the organisation’s health and safety responsibility to third parties.

· The health and safety performance of the organisation is reviewed on a regular basis to ensure that the objectives are being achieved and that the objectives and measures in place remain valid.