0% found this document useful (0 votes)
18 views18 pages

Unit 2

The document outlines various influential parties that affect health and safety performance in organizations, including government agencies, trade unions, NGOs, and employees, detailing their influence and effects on safety practices. It also discusses the meaning of express and implied terms in contracts, the role and limitations of health and safety legislation, and distinguishes between prescriptive and goal-setting legislation. Additionally, it highlights the importance of including health and safety information in employment contracts and the procedures for loss and near miss investigations.

Uploaded by

Tony
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
18 views18 pages

Unit 2

The document outlines various influential parties that affect health and safety performance in organizations, including government agencies, trade unions, NGOs, and employees, detailing their influence and effects on safety practices. It also discusses the meaning of express and implied terms in contracts, the role and limitations of health and safety legislation, and distinguishes between prescriptive and goal-setting legislation. Additionally, it highlights the importance of including health and safety information in employment contracts and the procedures for loss and near miss investigations.

Uploaded by

Tony
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 18

Unit IA - 2

1. Organisations are subjected to many influences in health and safety.


Identify influential parties AND outline how they can affect health and safety performance in
an organisation. (10)

Influential parties can significantly affect health and safety performance in an organization. These
parties can include:

1. Government Regulatory Agencies:

 Influence: Government agencies establish and enforce health and safety regulations
and standards. They conduct inspections and audits to ensure compliance.

 Effect: Non-compliance with government regulations can lead to fines, penalties,


legal actions, and damage to an organization's reputation.

2. Trade Unions:

 Influence: Trade unions advocate for workers' rights and safety. They may negotiate
with employers for safer working conditions and better safety practices.

 Effect: Improved safety standards can result from negotiations, leading to better
protection for workers and reduced accidents.

3. Non-Governmental Organizations (NGOs):

 Influence: NGOs may conduct research, raise awareness, and lobby for improved
health and safety practices in specific industries or regions.

 Effect: They can influence public opinion, regulatory changes, and corporate
practices by highlighting issues and advocating for better safety.

4. Trade Associations:

 Influence: Trade associations often establish industry-specific safety standards and


best practices for their members.

 Effect: These standards can raise the safety performance of organizations within the
industry, ensuring compliance with common safety guidelines.

5. Pressure Groups:

 Influence: Pressure groups may lead influential publicity campaigns, drawing


attention to health and safety issues within organizations.

 Effect: Public pressure can result in increased scrutiny, regulatory changes, and a
focus on safety improvements within the targeted organizations.

6. Customers and Clients:

 Influence: Customers and clients may demand that organizations meet specific
health and safety criteria before engaging in business.

 Effect: To secure contracts and maintain a positive reputation, organizations must


prioritize safety to meet customer expectations.

7. Employees and Workforce:

1|Page
Unit IA - 2

 Influence: Employees are frontline witnesses to workplace safety issues. They may
report hazards, incidents, and non-compliance.

 Effect: Employee involvement in safety can lead to a proactive safety culture, lower
incident rates, and a safer working environment.

8. Suppliers and Contractors:

 Influence: Suppliers and contractors may influence an organization's safety standards


by adhering to and requiring compliance with specific safety measures.

 Effect: Organizations may adopt the safety practices of their suppliers and
contractors, impacting safety performance.

9. Media and Public Opinion:

 Influence: Media coverage and public opinion can have a significant impact on an
organization's reputation and credibility.

 Effect: Negative publicity due to safety incidents can lead to financial losses, legal
actions, and tarnished image.

10. Self-Regulatory Bodies:

 Influence: Self-regulatory bodies and industry associations often set voluntary safety
standards that members are encouraged to follow.

 Effect: Organizations that adhere to self-regulatory standards demonstrate a


commitment to safety and may gain trust and recognition.

These influential parties play a crucial role in shaping health and safety practices in organizations.
Their actions and advocacy can lead to improvements in safety standards, regulatory changes, and
enhanced protection for workers and the public.

2. (a) In a binding contractual agreement, give the meaning of:


(i) express terms; (2)
(ii) implied terms. (3)
(b) In a new contract of employment, outline the health and safety information that should
be stated in the contract terms. (5)

(a) Meaning of Express Terms and Implied Terms in a Binding Contract:


(i) Express Terms:
 Express terms are explicitly stated provisions in a contract. They are the specific and clearly
defined terms and conditions that the parties involved have agreed upon in writing or
verbally. These terms are directly and openly communicated in the contract, leaving no room
for ambiguity or interpretation. Express terms are crucial in defining the rights and
obligations of the parties and serve as the foundation of the contractual relationship.
(ii) Implied Terms:
 Implied terms are provisions that are not explicitly written in the contract but are inferred or
implied by law, custom, or the nature of the agreement. These terms are not expressly
mentioned by the parties but are considered to be part of the contract due to legal

2|Page
Unit IA - 2

requirements, common industry practices, or the parties' presumed intentions. Implied


terms are essential to fill gaps in the contract, ensure fairness, and uphold legal standards.

(b) Health and Safety Information in a New Contract of Employment:

In a new contract of employment, it is important to include health and safety information to


ensure the well-being of employees and compliance with relevant laws and regulations. The
following health and safety information should be stated in the contract terms:
1. General Health and Safety Obligations: The contract should specify the general health and
safety obligations of both the employer and the employee. This includes a commitment to
maintaining a safe working environment, complying with health and safety laws, and
cooperating to ensure a safe workplace.
2. Reporting Procedures: The contract should outline the procedures for reporting accidents,
incidents, and hazards. It should specify whom employees should notify in case of
emergencies or unsafe conditions.
3. Training and Instruction: Details about health and safety training and instruction should be
included. This may cover the type of training provided, the frequency of training, and any
certifications or qualifications required.
4. Use of Personal Protective Equipment (PPE): If specific PPE is necessary for the job, the
contract should describe the type of PPE required and the responsibilities of the employer
and employee regarding its provision and use.
5. First Aid and Emergency Response: The contract should outline the availability of first aid
facilities, the location of first aid kits, and the actions to be taken in case of emergencies,
including evacuation procedures.

Including these health and safety terms in the employment contract ensures that both the
employer and employee understand their responsibilities and rights concerning safety in the
workplace. It helps create a culture of safety and minimizes the risk of accidents and injuries.

3. (a) Outline the role of health and safety legislation in the workplace. (10)

(b) Outline the limitations of health and safety legislation in the workplace. (10)

(a) Role of Health and Safety Legislation in the Workplace:

Health and safety legislation plays a crucial role in the workplace by providing a legal framework
to protect the health, safety, and well-being of employees, employers, and the public. The key
roles of health and safety legislation include:

1. Establishing Minimum Standards: Legislation sets out minimum safety and health standards
that must be met in the workplace. This ensures that a baseline level of safety is maintained.

2. Providing a Legal Framework: Legislation provides a structured legal framework that


outlines the rights, responsibilities, and duties of employers, employees, and other
stakeholders.

3. Preventing Workplace Hazards: Health and safety laws require employers to identify, assess,
and control workplace hazards, reducing the risk of accidents, injuries, and illnesses.

3|Page
Unit IA - 2

4. Enforcing Compliance: Legislation empowers regulatory authorities to enforce compliance


with health and safety standards through inspections, audits, and penalties for non-
compliance.

5. Setting Safety Objectives: Legislation may establish safety objectives and principles that
organizations must follow to create a safer working environment.

6. Promoting Employee Rights: Health and safety laws protect the rights of employees to
refuse unsafe work, report hazards, and be informed about workplace risks.

7. Supporting Training and Education: Legislation may require employers to provide training
and education programs to enhance employee awareness and competence in safety matters.

8. Defining Roles and Responsibilities: Legislation defines the roles and responsibilities of key
stakeholders, such as safety committees, safety representatives, and safety officers.

9. Facilitating Compensation: Legislation may establish procedures for workers' compensation,


ensuring that employees receive compensation for workplace injuries and illnesses.

10. Adapting to Changing Conditions: Health and safety legislation should be flexible enough to
adapt to changing workplace conditions, emerging risks, and advancements in safety
technology.

(b) Limitations of Health and Safety Legislation in the Workplace:

While health and safety legislation plays a crucial role in workplace safety, it has several
limitations:

1. Prescriptive vs. Goal-Setting Legislation: Prescriptive legislation, which specifies detailed


requirements, can become quickly outdated and may not address emerging risks. Goal-
setting legislation can be vague, leading to variability in interpretation and enforcement.

2. Slow Law-Making Process: The process of creating, amending, and updating health and
safety legislation can be slow, making it challenging to keep up with evolving workplace
hazards and changing technologies.

3. Resource Constraints: Regulatory authorities may lack the resources and manpower to
effectively enforce legislation, leading to gaps in compliance.

4. Globalization and Cross-Border Challenges: In a globalized world, workplace health and


safety may vary across countries, posing challenges for multinational organizations.

5. Changing Social and Cultural Factors: Legislation may not always account for changing social
and cultural factors that influence workplace safety, such as diversity and inclusion.

6. Interactions with Other Laws: Health and safety legislation may interact with other areas of
law, creating complexities and potential conflicts.

7. Individual and Organizational Compliance: Legislation may not guarantee that individuals
and organizations will always comply with safety requirements, as behavior and attitudes
towards safety vary.

8. Limited Coverage: Legislation may not cover all types of workplaces or industries, leaving
some workers and workplaces without adequate legal protection.

4|Page
Unit IA - 2

Understanding these limitations helps in recognizing the need for complementary measures,
such as industry standards, voluntary initiatives, and proactive safety culture, to enhance
workplace safety.

4. (a) Distinguish between prescriptive legislation and goal-setting legislation. (2)

(b) Outline TWO benefits and TWO limitations of prescriptive legislation. (4)

(c) Outline TWO benefits and TWO limitations of goal-setting legislation. (4)

(a) Distinguishing Between Prescriptive Legislation and Goal-Setting Legislation:

Prescriptive Legislation:

 Prescriptive legislation, also known as prescriptive regulations, provides specific and detailed
requirements that must be followed. These requirements leave little room for interpretation
and are often very clear and specific in nature.

 Prescriptive legislation tells organizations exactly what actions to take, what standards to
meet, and how to comply with the law.

Goal-Setting Legislation:

 Goal-setting legislation, also known as performance-based regulations, sets broad goals,


objectives, or principles that organizations must achieve. It provides more flexibility and
allows organizations to determine the specific means and methods to meet the goals.

 Goal-setting legislation outlines the desired outcomes or results, leaving it to organizations to


develop their own methods and approaches to achieve compliance.

(b) Benefits and Limitations of Prescriptive Legislation:

Benefits:

1. Clarity and Ease of Enforcement: Prescriptive legislation offers clear and specific
requirements, making it easier for organizations to understand what is expected. It also
simplifies enforcement because compliance is more straightforward.

2. Uniform Standards: It ensures a consistent level of safety and quality across industries and
organizations, as everyone must adhere to the same specific requirements.

Limitations:

1. Lack of Flexibility: Prescriptive legislation can be rigid and may not accommodate new
technologies, methods, or changing circumstances effectively. It may hinder innovation and
adaptation.

2. Inability to Address Every Scenario: It may not cover all possible situations and variations,
leaving some gaps in safety and compliance.

(c) Benefits and Limitations of Goal-Setting Legislation:

Benefits:

5|Page
Unit IA - 2

1. Flexibility and Adaptability: Goal-setting legislation allows organizations to determine the


best methods for achieving compliance, promoting flexibility and adaptation to changing
conditions.

2. Encourages Innovation: It encourages organizations to innovate and find creative solutions


to meet safety and quality objectives while still complying with the law.

Limitations:

1. Varied Interpretation: Because goal-setting legislation is less prescriptive, it can lead to


varying interpretations of what compliance entails. This may result in inconsistent
implementation and enforcement.

2. Expertise and Accountability: Organizations need a high level of expertise to determine how
to achieve the desired goals effectively. This can place a significant burden on smaller or less
resourceful entities. Additionally, it may be challenging to hold organizations accountable for
achieving goals due to the lack of specific requirements.

5. Organisations are subjected to many influences in health and safety.


Identify influential parties AND outline how they can affect health and safety performance in
an organisation. (10)

Influential Parties in Health and Safety and Their Effects on Organizational Performance:
1. Government Regulatory Agencies:
 Influence: Government agencies establish and enforce health and safety regulations.
They conduct inspections and audits.
 Effect: Non-compliance with regulations can result in fines, penalties, legal actions,
and damage to an organization's reputation. Compliance promotes a safer work
environment.
2. Trade Unions:
 Influence: Trade unions advocate for workers' rights and safety. They may negotiate
with employers for safer working conditions.
 Effect: Improved safety standards can result from negotiations, leading to better
protection for workers and reduced accidents.
3. Non-Governmental Organizations (NGOs):
 Influence: NGOs conduct research, raise awareness, and lobby for improved health
and safety practices in specific industries or regions.
 Effect: They can influence public opinion, regulatory changes, and corporate
practices by highlighting issues and advocating for better safety.
4. Trade Associations:
 Influence: Trade associations often establish industry-specific safety standards and
best practices for their members.
 Effect: These standards can raise the safety performance of organizations within the
industry, ensuring compliance with common safety guidelines.
5. Pressure Groups:
 Influence: Pressure groups may lead influential publicity campaigns, drawing
attention to health and safety issues within organizations.

6|Page
Unit IA - 2

Effect: Public pressure can result in increased scrutiny, regulatory changes, and a
focus on safety improvements within the targeted organizations.
6. Customers and Clients:
 Influence: Customers and clients may demand that organizations meet specific
health and safety criteria before engaging in business.
 Effect: To secure contracts and maintain a positive reputation, organizations must
prioritize safety to meet customer expectations.
7. Employees and Workforce:
 Influence: Employees are frontline witnesses to workplace safety issues. They may
report hazards, incidents, and non-compliance.
 Effect: Employee involvement in safety can lead to a proactive safety culture, lower
incident rates, and a safer working environment.
8. Suppliers and Contractors:
 Influence: Suppliers and contractors may influence an organization's safety standards
by adhering to and requiring compliance with specific safety measures.
 Effect: Organizations may adopt the safety practices of their suppliers and
contractors, impacting safety performance.
9. Media and Public Opinion:
 Influence: Media coverage and public opinion can have a significant impact on an
organization's reputation and credibility.
 Effect: Negative publicity due to safety incidents can lead to financial losses, legal
actions, and a tarnished image.
10. Self-Regulatory Bodies:
 Influence: Self-regulatory bodies and industry associations often set voluntary safety
standards that members are encouraged to follow.
 Effect: Organizations that adhere to self-regulatory standards demonstrate a
commitment to safety and may gain trust and recognition.
These influential parties play a crucial role in shaping health and safety practices in
organizations. Their actions and advocacy can lead to improvements in safety standards,
regulatory changes, and enhanced protection for workers and the public.
6. Explain loss and near miss investigations; the requirements, benefits, the procedures, the
documentation, and the involvement of and communication with relevant staff and
representatives

Loss Investigations:

Requirements:

1. Immediate Response: Respond promptly to the loss event to ensure safety and protect the
scene for investigation.

2. Skilled Investigator: Designate a skilled investigator or team with knowledge of investigative


techniques.

3. Evidence Preservation: Secure and document physical evidence, witness statements, and
relevant documentation.

4. Root Cause Analysis: Conduct a thorough analysis to determine the root causes of the loss.

5. Legal Compliance: Ensure compliance with legal and reporting requirements.

7|Page
Unit IA - 2

Benefits:

 Identify the underlying causes of the loss to prevent recurrence.

 Enhance safety and health measures.

 Mitigate financial losses and legal liabilities.

 Improve organizational processes and procedures.

Procedures:

1. Scene Assessment: Assess the loss scene, ensuring safety and preserving evidence.

2. Witness Interviews: Interview witnesses to gather firsthand accounts of the event.

3. Document Collection: Collect relevant documents, records, and data.

4. Analysis: Analyze evidence to determine causative factors.

5. Recommendations: Develop recommendations and corrective actions.

6. Reporting: Prepare a comprehensive report for management and regulatory bodies.

Documentation:

 Investigation reports, witness statements, photographic evidence, expert opinions, corrective


action plans, and legal compliance documentation.

Involvement and Communication:

 Involve a designated investigator or team, safety representatives, and relevant experts.

 Communicate findings and recommendations to affected staff, management, and regulatory


bodies.

Near Miss Investigations:

Requirements:

1. Reporting Culture: Foster a culture where near misses are encouraged to be reported
without fear of retribution.

2. Experienced Investigator: Appoint someone with experience in investigating near misses.

3. Documentation: Maintain records of near miss reports.

4. Root Cause Analysis: Determine the root causes to prevent similar events.

Benefits:

 Proactively identify and mitigate risks.

 Improve safety measures and prevent potential losses.

 Enhance employee awareness and reporting culture.

 Reduce the likelihood of actual accidents or incidents.

Procedures:

8|Page
Unit IA - 2

1. Reporting: Encourage employees to report near misses without delay.

2. Initial Assessment: Assess the reported near miss to determine its significance and potential
impact.

3. Investigation: Conduct an investigation to identify causes and contributing factors.

4. Recommendations: Develop recommendations to eliminate or control identified hazards.

5. Documentation: Maintain records of near miss investigations.

Documentation:

 Near miss reports, investigation findings, recommendations, and actions taken to address
hazards.

Involvement and Communication:

 Involve the employee who reported the near miss, safety representatives, and relevant
experts.

 Communicate findings, recommendations, and actions to all staff to promote awareness and
learning.

Effective loss and near miss investigations are essential for identifying hazards, improving safety, and
preventing future incidents, whether they result in actual losses or near misses.

7. Explain the domino and multi-causality theories of accident causation, including their
respective uses and possible limitations in accident investigation and prevention. (10)

Domino Theory of Accident Causation:

The domino theory of accident causation is a linear model that suggests that accidents result from a
chain of events, where each event leads to the next, ultimately culminating in the accident itself. It's
a simplistic, cause-and-effect model.

Use:

 Simplicity: The domino theory is easy to understand and visualize, making it a useful
teaching tool for introducing the concept of accident causation.

 Immediate Causes: It helps identify the immediate causes of an accident, which can be
addressed through corrective actions.

Limitations:

 Oversimplification: The theory oversimplifies the complexity of accidents by focusing on a


single chain of events. Many accidents have multiple contributing factors.

 Lack of Root Cause Analysis: It does not delve deep into root causes, making it insufficient
for complex accidents. It tends to blame the last event in the chain as the sole cause.

Multi-Causality Theory of Accident Causation:

9|Page
Unit IA - 2

The multi-causality theory acknowledges that accidents are the result of multiple interacting causes,
often organized in a complex web of events and conditions. It looks beyond immediate causes to
identify underlying and systemic factors.

Use:

 Complex Accidents: It is suitable for analyzing complex accidents where there are multiple
contributing factors.

 Preventive Approach: By identifying multiple causes, it allows for a more comprehensive and
preventive approach to accident prevention.

Limitations:

 Resource-Intensive: Investigating accidents using the multi-causality theory can be resource-


intensive and time-consuming due to the need for in-depth analysis.

 Complexity: The complexity of the model may make it less accessible to those new to
accident investigation and prevention.

In accident investigation and prevention, the choice between these two theories depends on the
nature of the accident. Simple incidents with clear causal chains may be effectively addressed using
the domino theory. However, for more complex accidents, the multi-causality theory is essential, as it
looks at the broader context and systemic issues. Both theories have their place, but the limitations
of the domino theory make it less suitable for comprehensive analysis of accidents with multiple
contributing factors.

8. Outline how good quality information can be obtained when interviewing a witness to a
workplace accident. (10)

Obtaining good quality information when interviewing a witness to a workplace accident is essential
for effective accident investigation. Here's an outline of key considerations and techniques:

1. Timing of the Interview:

 Conduct the interview as soon as possible after the accident while the memory of
the witness is fresh.

2. Interview Environment:

 Choose a quiet, private, and comfortable location to conduct the interview, free from
distractions.

3. Competent Interviewer:

 Ensure that the person conducting the interview is skilled and trained in interview
techniques. They should be impartial and objective.

4. Establish Rapport:

 Create a positive and non-threatening atmosphere to establish rapport with the


witness. Use friendly and empathetic language to put them at ease.

5. Explain the Purpose:

10 | P a g e
Unit IA - 2

 Clearly explain the purpose of the interview to the witness, emphasizing that it's
about fact-finding, not assigning blame.

6. Use Open and Closed Questions:

 Start with open-ended questions to allow the witness to provide a detailed account
of what they observed. Then use closed questions to clarify specific details.

7. Active Listening:

 Pay close attention to the witness, showing that you are actively listening to their
account. Avoid interrupting.

8. Non-Verbal Cues:

 Observe the witness's body language and demeanor for non-verbal cues, which can
provide additional information.

9. Document the Interview:

 Take notes or record the interview, ensuring the witness's consent. This helps in
maintaining an accurate record.

10. Avoid Leading Questions:

 Do not ask leading questions that suggest a particular answer. Keep the questions
neutral to ensure the witness's response is unbiased.

11. Witness's Perspective:

 Encourage the witness to provide their perspective and opinions. This can offer
valuable insights into the accident.

12. Probe for Details:

 Encourage the witness to recall specific details such as time, location, individuals
involved, actions taken, and any warning signs or unusual occurrences.

13. Independent Witnesses:

 If possible, interview multiple witnesses separately before they have a chance to


influence each other's accounts.

14. Follow-Up Questions:

 After the initial interview, consider conducting follow-up interviews to clarify any
discrepancies or gather additional information.

15. Respect Privacy and Confidentiality:

 Assure the witness that their information will be kept confidential, and their privacy
respected.

16. Ethical Conduct:

 Maintain ethical conduct throughout the interview, focusing on truth-seeking and


ensuring the witness's rights are upheld.

11 | P a g e
Unit IA - 2

By following these guidelines, you can increase the likelihood of obtaining high-quality information
from witnesses, which is crucial for accurate accident investigation and prevention.

9. The consequences of human failure can be immediate or delayed.

(a) Explain the differences between active failures and latent failures. (6)

(b) (i) Give examples of an active failure. (2)

(ii) Give examples of a latent failure. (2)

Active Failures:

Active failures refer to the immediate and direct actions or decisions made by individuals that result
in errors or accidents. They are typically associated with front-line personnel and are operational in
nature. Here are some examples:

1. Slips and Trips: A worker on a construction site trips over a protruding object or slips on a
wet surface, leading to an immediate fall and injury.

2. Incorrect Procedure: An operator in a chemical plant bypasses a safety procedure to save


time, causing an immediate equipment malfunction and release of hazardous materials.

3. Miscommunication: An air traffic controller misunderstands or miscommunicates


instructions to a pilot, leading to a near miss or collision.

4. Equipment Mishandling: A forklift operator fails to secure a load properly, causing it to fall
and damage both the load and the equipment.

5. Medication Error: A nurse administers the wrong medication to a patient, resulting in an


immediate adverse reaction.

Latent Failures:

Latent failures are typically system-related or organizational weaknesses that exist in the background
but have the potential to contribute to accidents or errors over time. They are not immediately
evident and often involve design, procedures, or management. Here are some examples:

1. Inadequate Training: The organization's training program for new employees lacks crucial
safety elements, leading to a gradual decline in safety knowledge and competence over time.

2. Outdated Procedures: Safety procedures and protocols have not been updated to reflect
changes in technology or best practices, making them less effective in preventing accidents.

3. Flawed Design: A manufacturing company uses a machine design that has inherent safety
flaws, which might not cause immediate accidents but poses long-term risks.

4. Inadequate Staffing Levels: Chronic understaffing in healthcare facilities can lead to fatigue
and burnout among healthcare workers, increasing the likelihood of errors and accidents
over time.

12 | P a g e
Unit IA - 2

5. Culture of Blame: The organization has a culture that discourages reporting of near misses
and errors, fostering an environment where latent issues remain hidden until they result in a
significant accident.

In summary, active failures involve immediate actions or decisions made by individuals that lead to
errors or accidents, while latent failures are underlying system or organizational weaknesses that
may not cause immediate issues but have the potential to contribute to accidents in the long run.

10. (a) Distinguish between prescriptive legislation and goal-setting legislation. (2)

(b) Outline TWO benefits and TWO limitations of prescriptive legislation. (4)

(c) Outline TWO benefits and TWO limitations of goal-setting legislation. (4)

Prescriptive Legislation:

Prescriptive legislation, also known as prescriptive standards, refers to legal regulations that
specify in detail the exact requirements and methods that organizations or individuals must
follow to meet the minimum safety and health standards. It leaves little room for
interpretation and is highly specific. Here are the benefits and limitations:

Benefits:

1. Clarity: Prescriptive legislation provides clear and unambiguous requirements, making it easy
for organizations to understand what is expected of them in terms of safety and health.

2. Consistency: It ensures a consistent and uniform approach to safety across industries and
organizations, reducing the potential for confusion or misinterpretation.

Limitations:

1. Lack of Flexibility: The rigid nature of prescriptive legislation may not account for unique or
evolving situations, making it challenging to adapt to new technologies or changing
circumstances.

2. Overly Detailed: The level of detail in prescriptive standards can lead to a focus on
compliance rather than a deeper understanding of safety principles, potentially resulting in a
checklist mentality.

Goal-Setting Legislation:

Goal-setting legislation, also known as performance-based standards, sets overarching safety


and health goals without specifying the exact methods for achieving them. It provides
organizations with more flexibility in determining how to meet these goals. Here are the
benefits and limitations:

Benefits:

1. Adaptability: Goal-setting legislation allows organizations to choose methods that are best
suited to their specific circumstances, promoting innovation and adaptation to new
technologies.

13 | P a g e
Unit IA - 2

2. Focus on Outcomes: It shifts the focus from compliance with specific rules to achieving
desired safety outcomes, encouraging organizations to think creatively and find the most
effective solutions.

Limitations:

1. Interpretation Variability: The lack of specific requirements can lead to variations in how
organizations interpret and implement safety measures, potentially resulting in inconsistent
safety performance.

2. Expertise Required: Goal-setting legislation may require a higher level of expertise and
resources to design and implement effective safety programs, which could be challenging for
smaller organizations.

In summary, prescriptive legislation provides detailed and specific requirements with the
benefits of clarity and consistency but suffers from inflexibility and a potential lack of
adaptability. Goal-setting legislation, on the other hand, sets overarching goals and offers
flexibility and adaptability, but it may require higher levels of expertise and can lead to
variations in interpretation and implementation. The choice between the two depends on
the specific needs of the industry or organization and the balance between clarity and
flexibility desired in safety regulations.

11. (a) Outline the purpose of International Labour Organisation (ILO) Codes of Practice. (2)

(b) Outline how International labour standards are created at the International Labour
Conference. (5)

(c) Outline how the ILO can influence health and safety standards in different countries. (5)

(d) Outline how the media can influence attitudes towards health and safety. (8)

(a) Purpose of International Labour Organisation (ILO) Codes of Practice:

The purpose of ILO Codes of Practice is to provide practical guidance on the implementation of
international labor standards. These codes aim to assist governments, employers, and workers in
understanding and applying the principles established in ILO conventions and recommendations.
They serve as reference materials for the development of national laws, regulations, and policies
related to labor and occupational safety and health.

(b) Creation of International Labour Standards at the International Labour Conference:

The process of creating international labor standards at the International Labour Conference
involves several stages:

1. Proposal: Member States, employers, and workers can propose the adoption of new
conventions or the revision of existing ones. These proposals are examined by the
Conference Committee on the Application of Standards.

2. Committee Discussions: The proposed standards are discussed, and if a consensus is not
reached, they may be modified or withdrawn. Drafting committees may be established to
refine the text.

14 | P a g e
Unit IA - 2

3. General Discussion: The proposed standards are then presented to a plenary sitting of the
Conference for general discussion. This is where governments, employers, and workers can
express their views.

4. Adoption: Conventions are adopted if a two-thirds majority of delegates agree.


Recommendations are adopted with a simple majority.

5. Ratification: Once adopted, member states are encouraged to ratify the conventions, which
means incorporating them into national law.

(c) Influence of the ILO on Health and Safety Standards in Different Countries:

The ILO can influence health and safety standards in different countries through various means:

1. Technical Assistance: The ILO provides technical assistance to member states to help them
implement international labor standards. This assistance can include capacity building,
training, and guidance on developing and enforcing health and safety regulations.

2. Monitoring and Reporting: The ILO monitors the implementation of labor standards in
member states and publishes reports on their compliance. This can encourage countries to
improve their standards and practices.

3. Complaints Mechanism: The ILO has a mechanism for handling complaints regarding the
violation of labor standards. This can lead to investigations and recommendations for
corrective action.

4. Global Advocacy: The ILO conducts global advocacy efforts to promote labor standards and
fair working conditions. This can create international pressure on countries to improve their
health and safety standards.

(d) Influence of the Media on Attitudes Towards Health and Safety:

The media can influence attitudes towards health and safety in several ways:

1. Information Dissemination: The media, including news outlets, documentaries, and online
platforms, disseminate information about accidents, safety practices, and health issues. This
can raise awareness and educate the public.

2. Public Perception: Media coverage can shape public perception of the importance of health
and safety. Sensationalized stories or in-depth reporting can impact how individuals and
organizations view safety.

3. Advocacy and Accountability: Media reporting can advocate for better health and safety
standards and hold organizations and authorities accountable for lapses in safety.

4. Crisis Management: During emergencies or crises, the media plays a critical role in providing
information and guidance, which can affect how individuals respond to safety measures.

5. Legislation and Policy: Media coverage can lead to public demand for changes in legislation
and policy related to health and safety, influencing government action.

6. Social Media and Citizen Journalism: Social media platforms enable individuals to share
their experiences and opinions about health and safety, creating a grassroots movement for
change.

15 | P a g e
Unit IA - 2

In summary, the media serves as a powerful tool for informing the public, shaping perceptions,
advocating for change, and influencing the development of health and safety policies and
regulations.

12. (a) In a binding contractual agreement, give the meaning of:

(i) express terms; (2)

(ii) implied terms. (3)

(b) In a new contract of employment, outline the health and safety information that should
be stated in the contract terms. (5)

(a) In a binding contractual agreement:

(i) Express Terms refer to the explicitly stated and agreed-upon terms in a contract. These terms
are specifically mentioned, either orally or in writing, by the parties involved in the contract. Express
terms outline the obligations, rights, and responsibilities of each party, and they are legally binding
and enforceable.

(ii) Implied Terms are not explicitly mentioned in the contract but are understood to be part of
the agreement based on custom, law, or the nature of the contract. These terms are not directly
stated but are assumed to be part of the contract to make it workable and effective. Implied terms
can be either statutory (implied by law) or common law (implied by tradition and practice).

(b) In a new contract of employment, the following health and safety information should be
stated in the contract terms:

1. Duties and Responsibilities: The contract should outline the specific health and safety duties
and responsibilities of both the employer and the employee. This includes compliance with
health and safety policies and procedures.

2. Workplace Hazards: Information about any workplace hazards, risks, or dangerous


substances that employees may be exposed to should be provided. This could include details
about chemical exposures, physical hazards, or any other workplace-specific risks.

3. Safety Training: The contract should specify whether the employer will provide safety
training and the types of training that will be offered, especially if specific certifications or
qualifications are required for the job.

4. Personal Protective Equipment (PPE): If the job involves the use of personal protective
equipment, the contract should detail the type of PPE required, who is responsible for
providing it, and any maintenance or replacement policies.

5. Emergency Procedures: The contract should outline the emergency procedures in place,
such as fire evacuation plans, first aid provisions, and any safety protocols to follow in case of
accidents or emergencies.

6. Reporting of Incidents: Procedures for reporting accidents, incidents, or safety concerns


should be included. Employees should know how to report such incidents and to whom.

16 | P a g e
Unit IA - 2

7. Health and Safety Policy: Reference to the employer's health and safety policy or handbook
should be made, with employees being aware of where to access and familiarize themselves
with the policy.

8. Compliance with Laws and Regulations: The contract should state that both the employer
and employee are expected to comply with all relevant health and safety laws and
regulations, including local, national, and international standards.

9. Health Assessments: If required, the contract may mention any health assessments or
medical examinations that employees may need to undergo as part of their employment.

10. Workers' Compensation: Information about workers' compensation coverage and


procedures for making claims, if applicable, should be included.

It's important that both employers and employees are aware of their health and safety
responsibilities and rights, as outlined in the employment contract, to create a safe and healthy
working environment.

13. (a) Outline the role of the International Labour Organisation (ILO) in a global health and
safety setting. (2)

(b) Outline how the ILO can influence health and safety standards in different countries. (5)

(c) Outline how the media can influence attitudes towards health and safety. (8)

(d) Describe what is meant by the term ‘self-regulation’. (5)

(a) The International Labour Organisation (ILO) does indeed play a crucial role in the global health
and safety setting. It provides international labor standards and guidelines that serve as a foundation
for improving working conditions and safeguarding workers' health and safety. The ILO acts as a
platform for governments, employers, and workers to collaborate on labor-related issues, including
occupational health and safety. This organization's efforts are essential in fostering a safer and more
secure work environment on a global scale.

(b) The ILO influences health and safety standards in various countries through several mechanisms:

1. Setting International Standards: The ILO establishes international labor standards, such as
conventions and recommendations, which countries can reference when creating their
national health and safety regulations.

2. Technical Assistance: The ILO offers technical assistance to member states, aiding them in
formulating, implementing, and enforcing health and safety laws and regulations. This
includes policy development, capacity building, and training.

3. Promoting Social Dialogue: Encouraging dialogue among governments, employers, and


workers facilitates the development and enhancement of health and safety regulations, with
input from all relevant stakeholders.

4. Global Advocacy: The ILO conducts research, publishes reports, and collaborates with
international organizations to advocate for improved health and safety standards on a global
scale, thereby raising awareness of workplace safety issues.

17 | P a g e
Unit IA - 2

5. Capacity Building: The ILO assists member states in strengthening their ability to inspect
workplaces, monitor compliance, and enforce health and safety regulations effectively.

(c) The media has a significant influence on attitudes toward health and safety through various
means:

1. Information Dissemination: The media can disseminate information about health and safety
issues, enhancing public awareness and understanding of workplace risks and prevention
measures.

2. Public Awareness: News coverage, articles, and reports in the media can draw attention to
specific incidents or accidents, emphasizing the importance of health and safety in the
workplace and shaping public opinion.

3. Advocacy and Campaigns: The media can support or initiate advocacy campaigns for safer
working conditions and increased compliance with health and safety regulations, thereby
fostering positive change.

4. Pressure on Employers: Media reports can exert pressure on employers to prioritize health
and safety. Negative publicity stemming from accidents or safety violations can harm a
company's reputation, encouraging them to take workplace safety seriously.

5. Legislation and Regulation: Public awareness generated by the media can influence
policymakers to strengthen health and safety laws and regulations, further advancing
workplace safety.

(d) Self-regulation is an approach wherein organizations voluntarily establish and enforce their own
rules, standards, and guidelines to ensure compliance with specific requirements. This often goes
beyond what is legally mandated. Self-regulation is typically driven by a commitment to ethical
practices, sustainability, or industry-specific standards. It involves creating and adhering to internal
policies, codes of conduct, and best practices to achieve particular objectives, such as maintaining
high ethical standards or improving environmental and safety performance. Violating self-regulatory
standards can lead to consequences such as loss of certification or damage to an organization's
reputation. Self-regulation acts as an additional layer of control that organizations adopt to
demonstrate their dedication to responsible and ethical practices. It complements statutory
requirements but does not replace them.

18 | P a g e

You might also like