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.
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
• 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.
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.
Outline management techniques which can encourage a positive attitude to health and safety in the workplace.
• Employee involvement
• Leading by example
• Performance appraisals.
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