ngc 1 sept 2011
September 2011 NGC 1
A visitor being shown around a site by a supervisor slipped on a patch of oil on a warehouse floor whilst taking a short cut. The visitor was admitted to hospital where they remained for several days.
(a) Outline the legal requirements for the reporting of this accident to the enforcing authority. (4) the accident was reportable under RIDDOR since the visitor who was injured was taken to hospital. As such, a responsible person within the organisation should notify the enforcing authority by the quickest practicable means, such as by telephone or email and follow this up within ten days with a written report on F2508.
(b) Explain with reasons in EACH case, the possible breaches of the
Health and Safety at Work etc. Act 1974 (HASAWA) by:
(i) the employer; (10) the employer had a general duty under
Section 2(1) of the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety of their employees since, in the circumstances described, they as well as the visitor would have been at risk. More particularly, it could be alleged that he/she was in breach of Section 2(2) of the Act for failing to provide a safe place of work, safe means of access and egress to the place of work and a safe working environment together with an adequate level of supervision and the provision of sufficient information, instruction and training to employees. He/she might also be held to be in breach of Section 3 of the Act for failing to ensure that persons, not in employment, were not exposed to risks to their health and safety.
(ii) the supervisor. (4) As for the supervisor, they could be held to be in breach of Section 7 of the act for failing both to take reasonable care for the health and safety of themselves and others and to cooperate with their employer to enable them too, to comply with their particular duties.
Marks were also available for explaining that by virtue of Section 36, the supervisor
A visitor being shown around a site by a supervisor slipped on a patch of oil on a warehouse floor whilst taking a short cut. The visitor was admitted to hospital where they remained for several days.
(a) Outline the legal requirements for the reporting of this accident to the enforcing authority. (4) the accident was reportable under RIDDOR since the visitor who was injured was taken to hospital. As such, a responsible person within the organisation should notify the enforcing authority by the quickest practicable means, such as by telephone or email and follow this up within ten days with a written report on F2508.
(b) Explain with reasons in EACH case, the possible breaches of the
Health and Safety at Work etc. Act 1974 (HASAWA) by:
(i) the employer; (10) the employer had a general duty under
Section 2(1) of the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety of their employees since, in the circumstances described, they as well as the visitor would have been at risk. More particularly, it could be alleged that he/she was in breach of Section 2(2) of the Act for failing to provide a safe place of work, safe means of access and egress to the place of work and a safe working environment together with an adequate level of supervision and the provision of sufficient information, instruction and training to employees. He/she might also be held to be in breach of Section 3 of the Act for failing to ensure that persons, not in employment, were not exposed to risks to their health and safety.
(ii) the supervisor. (4) As for the supervisor, they could be held to be in breach of Section 7 of the act for failing both to take reasonable care for the health and safety of themselves and others and to cooperate with their employer to enable them too, to comply with their particular duties.
Marks were also available for explaining that by virtue of Section 36, the supervisor