THE ROLE OF NATIONAL GOVERNMENTS AND INTERNATIONAL BODIES IN FORMULATING A FRAMEWORK FOR THE REGULATION OF HEALTH AND SAFETY
HEALTH AND SAFETY RESPONSIBILITIES OF EMPLOYERS AND ENFORCEMENT ACTIONS
(a) Outline the main health and safety responsibilities of employers.
(b) Identify actions an enforcement authority might take if it finds that an employer is not meeting its responsibilities.
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Part (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.
This part of the question was generally well answered though some candidates continue to provide a list instead of the additional detail required by an „outline „question.
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Part (b),
Possible actions should be identified, such as:
• 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.
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RESPONSIBILITIES OF EMPLOYERS AND WORKERS
Outline the main health and safety responsibilities of:
(a) Employers;
(b) Workers.
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Part a)
The main health and safety responsibilities of an employer are:
• To provide and maintain a safe workplace including access and egress together with safe plant and equipment;
• To carry out risk assessments and to introduce safe systems of work;
• To ensure the safe use, storage, handling and transport of articles and substances;
• 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 when necessary to revise a health and safety policy;
• To co-operate with and consult with workers; to secure competent health and safety advice and
• To cooperate with other employers at the workplace.
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Part b)
Workers have the responsibility:
• 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.
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POWERS OF INSPECTORS AND ENFORCEMENT NOTICES
(a) Outline FOUR powers available to an inspector when investigating a workplace accident.
(b) Identify 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.
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Part a)
An inspector has the right to:
1. Enter premises at any reasonable time, accompanied by a police officer, if necessary
2. Examine, investigate and require the premises to be left undisturbed
3. Take samples, photographs and, if necessary, dismantle and remove equipment or substances
4. Require the production of books or other relevant documents and information
5. seize, destroy or render harmless any substance or article
6. Issue enforcement notices and initiate prosecutions.
7. 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.
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Part b)
There are two types of enforcement notices.
1. Improvement notice – This identifies a specific reach of the law and specifies a date by which the situation is to be remedied.
2. 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.
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INFORMATION SOURCES
Outline the sources of published information that may be consulted when dealing with a health and safety problem at work.
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The sources of this information may be internal to the organization and/or external to it.
Internal sources, which should be available within the organization include:
• Accident and ill-health records and investigation reports
• Absentee records
• Inspection and audit reports undertaken by the organization and by external organizations such as the HSE
• Maintenance, risk assessment (including COSHH) and training records
• Documents which provide information to workers
• Any equipment examination or test reports.
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External sources, which are available outside the organization, are numerous and include:
• Health and safety legislation
• HSC/HSE publications, such as approved codes of practice, guidance documents, leaflets, journals, books and their website
• International (e.g. ILO), European and British standards
• Health and safety magazines and journals
• Information published by trade associations, employer organizations and trade unions
• Specialist technical and legal publications
• Information and data from manufacturers and suppliers
• The internet and encyclopedias.