How to Write Nebosh Open Book Exam Answer - August 2021

 

SCENARIO

You are the manager at a car tyre fitting organization that has been operating for 2 years. You are also responsible for overseeing all health and safety matters. This includes ensuring legal compliance, which in turn partly avoids enforcement action and any associated criminal or civil proceedings against the organization. You want to avoid any corresponding punitive measures from courts such as fines, especially as the media publicize court decisions.

You are regularly seen in the tyre-fitting workshop, talking informally to trained workers about health and safety. You have a lot of experience in tyre fitting and temporarily cover for other workers when they are absent due to occasional sickness or annual leave. You do not expect others to do work that you are not prepared to do yourself. Your workers trust and respect you for this and you trust and respect them too. Although the workshop needs to be profitable, the way things are done is ‘safety first and this is reflected in the behaviour of the workforce.

You have worked extremely hard in managing risks beyond legal and accredited standard requirements. Because of this, you were instrumental in achieving certification of the organization’s health and safety management system. You are proud to have received zero non-conformities when externally audited.

Suitable risk assessments and associated safe systems of work are understood by the workforce (all developed with input from the workers). Workers receive adequate health and safety information and inductions. You use the latest technology and equipment for tyre fitting. Your approach is to achieve zero lost time accidents each year, which you believe is a realistic goal. You frequently carry out workplace inspections and foster a culture of incident reporting and investigation that identifies root causes to prevent repeat incidents.

The workshop is open to the public from 09:00 - 17:00 from Monday to Saturday. It has a single tyre fitting bay where there is room for two cars to be worked on at any given time. Cars can be driven in to, and out of, the workshop through an open roller shutter door at the rear of the building.

There is also pedestrian access from the workshop to the front office. The cars are driven onto a four-post vehicle lift, from where they can be inspected and maintained. There is a car park at the front and rear of the workshop for waiting vehicles. Cars are collected from either car park by either you (as manager) or by one of the five tyre fitters employed by the organization.

The front pedestrian entrance to the building leads onto a short corridor, the walls of which are mounted with framed documents including a health and safety management system certificate, the health and safety policy, and public liability insurance. The corridor leads straight ahead into the workshop via a fire door, or to a customer waiting room (to the left) accessed through another door. The waiting room contains a small counter, behind which is an office, where the manager or one of the tyre fitters can take customer orders.

A customer is in the waiting room awaiting a report from the tyre fitter about the condition of their tyres. The tyre fitter returns and reports that the rear tyre has a slow puncture, but also explains that there is some uneven wear on the inside and outside of the two front tyres. The extent of the wear means that they are below the legal limit and need replacing. The tyre fitter invites the customer into the workshop to view the wear. They take the customer to the car, which is still raised on the four-post vehicle lift.

While underneath the vehicle, pointing out the uneven tyre wear, the tyre fitter trips over a pneumatic impact wrench (used to remove car wheel nuts) that was lying on the floor and strikes their head hard against one of the posts of the four-post lift. They fall onto the floor unconscious, with blood trickling from a head wound and the customer frantically gestures to other tyre fitters for help. One of the tyre fitters, who is also a trained first aider, has seen the accident and immediately instructs a fellow tyre fitter to telephone the emergency services.

The first aider removes the impact wrench trip hazard and anything else they think is dangerous. They apply first aid, place the injured worker in the recovery position and then closely monitor them. You are alerted to the accident and go to check that the first aider can remain with the unconscious worker until help arrives. You then calmly escort the customer to the waiting room. The customer is a little shaken and upset so you make them a cup of coffee and sit with them in the waiting room.

the ambulance arrives and the injured worker is taken to the local hospital. You continue to comfort the customer and instruct the other tyre fitters to stop work and leave everything in the workshop as it is for the time being. When the customer finishes the cup of coffee, and as soon as they appear to be more composed, you move them to the relative privacy of the office area.

You ask the customer what happened and record what they say using the voice recorder on your mobile phone (having requested permission to do so). You then ask the first aider to sit with the customer while you re-visit the accident scene. You record your observations (again using the voice recorder on your mobile phone) and take some photographs of the accident scene. You then return to the office, inform the customer that the work on their car will be completed as soon as possible, and ask the first aider for their recollection of events associated with the accident.

Later, you telephone the next of kin, and you are informed that the worker is in intensive care, having been diagnosed with a fractured skull and a possible brain hemorrhage. You notify the enforcement authority of the accident, submitting an online report form. Over the coming days, you complete the accident investigation and communicate the findings to the workers.

The injured tyre fitter spends the next 6 weeks in hospital. They eventually return to work after a total of 60 lost working days. You are aware of the rising trend of personal accident compensation claims and associated payments, services for which are widely advertised in the media. About the same time, you receive a visit from a labour inspector. You welcome the inspector, remarking that any advice on improving health and safety would be constructively received; although secretly you are afraid of receiving an enforcement order and being prosecuted.

The inspector discusses health and safety with the workers who demonstrate familiarity with the health and safety policy, risk assessments, and emergency procedures. The inspector also examines your accident report book, health, and safety policy, risk assessments, safe systems of work, training records, any complaints from workers, and emergency procedures. They also discuss the online incident report you submitted at the time of the accident.

At the end of their visit, the inspector offers advice to install wall-mounted holders for impact wrenches and says they will be in touch soon. As promised, they telephone you and discuss their investigation findings; they follow this up by emailing you a full report.

 

Task-1(a) What are the functions of labour inspection?

Labour inspection is an essential part of the labour administration system, exercising the fundamental function of labour law enforcement and effective compliance. It ensures fairness in the workplace and helps promote economic development. It supervises the enforcement of legal provisions, particularly with regard to workers' rights and labour inspection also provides information and advice, as well as training (if required).

Some other functions of labour inspection are given below-

  • Advise the employers and their management personnel of their rights and obligations to adhere to employment law.
  • In relation to any complaint regarding non-compliance, they can freely visit any worksite liable to inspection and inquire freely.
  • Take enforcement action against those organizations that are not meeting the criteria for fulfilling the legal requirement for taking the protection of their employee, workplace, and other public utilities while carrying out their regular work.

 

Task- 1(b) What are the actions the labour inspector could take following the visit?

Answer:- Labour inspectors are frequently ensuring that they are integrating the interdependent and complementary functions of advice and information along with enforcement to secure the effective implementation of legal provisions relating to the protection of workers.

Actions that labour inspector could take following the visits:-

  • Examine documents and make orders with a view to remedying defects and deciding whether they are appropriate.
  • After the inspection, the labour inspector can prioritize the action for improvement which the organization has to implement for improvement.
  • They can issue warnings and advice, or institute or recommend proceedings if required, after the final conclusion.


Task- 2: The inspector checked if the organization’s general policy statement for health and safety was adequate. The policy statement reads as follows:

To the best of our ability, we commit to: - Preventing accidents, injury, and ill health.
Investigating accidents and near misses. Providing safe and healthy working conditions. Providing safe plant and equipment for office and mobile workers.
Ensuring safe handling and use of substances. Setting and reviewing specific, measurable, achievable, realistic, and time-bound (SMART) health and safety objectives. Meeting legal requirements. Identifying health and safety hazards and risks in the workplace. Providing adequate training. Providing health and safety information to workers. Consulting workers.


Based on the scenario only, to what extent has this policy been implemented?

Answer: - Preventing accidents, injury, and ill-health

The organization has taken all major action to prevent accidents by providing adequate training for the workforce as well as manager is believing in achieving zero lost time accident is achievable and setting safety as a top priority which is reflecting from the behaviour of the workforce.

Investigating accidents and near misses

in the scenario, the manager is much concerned and encouraging the worker for reporting any near misses or incidents as in a recent accident he handled and secured the accident scene effectively as well he gathered the evidence of the accident quickly at the time of the accident. He also reported the accident to the enforcement authority.

Providing safe and healthy working conditions

The organization is providing suitable and sufficient risk assessment and adequate safe system of work that is prepared according to the activities and hazards involved which are completely understood by all the workers.

Providing safe plant and equipment for office and mobile workers

The workshop is well designed the cars are driven into the workshop through an open roller shut door at the back of the building into the workshop and the car is driven onto a four-post vehicle lift by which workers have easy access for inspection and maintenance, including first aid at work is in place and practiced when needed. working condition is adequate and improving day by the introduction of new technology and equipment.

Ensuring safe handling and use of substances

Workers are provided correct tools and latest technology equipment with adequately trained workers for safe handling of the car for tyre fitting activities.

Setting and reviewing specific, measurable, achievable, realistic, and time-bound (SMART) health and safety objectives

As per the scenario, the organization has set precise and clear objectives of preventing accidents, they have achieved zero non-conformities after auditing. The manager's goal is to achieve zero lost time accidents is each year.

Meeting legal requirements

The workshop manager is always thinking and concerning to avoid any legal implications and worked extremely hard in managing risks beyond legal and accredited standard requirements. Health and safety policies, safety management certificates, and insurance policies are displayed at the workshop.

Identifying health and safety hazards and risks in the workplace

Impact wrench placement hazards and it's associated risk is not identified at tyre fitting workshop.

Provide adequate training / Providing health and safety information to workers

They have adequate training provision and having trained workers including Health Safety information and Induction training along with First Aid training.

Consulting workers

The workshop manager is always visiting the workshop to talk informally to the workers about health & safety. Workers are also involved to develop the risk assessment and safe system of work, which shows adequate consultation.

 

Task- 3: Based on the scenario only, how does the manager demonstrate commitment?

Management commitment is an important part of health and safety in the organization. The manager believes in a Zero accident policy at the workplace and gives priority to health and safety in the organization. Tyre fitting workshop Manager demonstrates his commitment by his leadership by following activities and roles: -

  • The manager frequently visits the tyre fitting workshop and consults with the workers about health and safety.
  • The manager has a lot of experience in tyre fitting and temporarily covers for other workers when they are absent if required, he doesn't expect others to do work that he is not prepared to do, which shows perfect competence and leadership.
  • The manager sets a goal to achieve zero lost time accidents each year, as in the scenario manager believes in achieving zero lost time accidents and safety first is a realistic goal shows the positive safety commitment.
  • Suitable and sufficient Risk assessment and a Safe system of work are prepared with the consultation of workers and the manager is ensured that this has been understood by all the workers.
  • Frequent workplace inspections and systems of reporting incidents are introduced by the manager.
  • The manager is committed to eliminating non-conformities and it is ensured when external audited is done in the workshop.
  • The manager is ensuring legal compliance and accredited standards to avoid enforcement action and any civil or criminal action against the organization.
  • Worker’s trust and respect for the manager for his effective and positive leadership and because of the positive culture ‘safety first’ behavior is reflected in the workforce.
  • The manager worked extremely hard in managing risks beyond legal and accredited standard requirements. Because of this, he received instrumental in achieving certification of the organization’s health and safety management system.
  • Effective Emergency Services and Trained First aider is available and effective communication is maintained by the manager in terms of securing the scene and comfort the customer.
  • The manager starts to gathering the evidence quickly after securing the accident scene by interviewing the witness and taking the photograph of the accident scene to find the root cause of effective accident investigation.
  • Lost time injury is online notified to the enforcement authority by the manager without losing time.
  • Workers are well communicated about the finding of the accident investigation by the manager after completing the investigation to prevent this in the future.
  • The manager cooperated with the labour inspector visit, supported their inspection, and welcome their advice to improve the health and safety of the organization.

 

Task- 4: Based on the scenario only, what organizational factors appear to be present that would positively influence health and safety behaviour?

The organizational factors that appear to be present that would positively influence health and safety behaviour are: -

Positive Health and safety culture of the organization- the organization has positive health and safety culture and very occasional sickness and absenteeism rate due to managers is committed to safety first and is reflected in the workforce behaviour. Workers' consultation is carried out regularly about the matter of health & safety and the workforce thinks and feels that health and safety is important.

Commitment and leadership from management- Safety commitment and leadership from the management are effectively shown as zero non-conformities in external audit and realistic zero lost time accident approach each year by the management.

Resources- Adequate and enough resources are provided by the management such as - Latest technology equipment for tyre fitting, basic welfare facilities, emergency services, safe working areas, and enough workers for safe work execution.

Work pattern- Workshop opens for work for six days in a week for 8 hours in a day shift which shows that workers have proper rest, also provision of annual leave which indicates that workers are not under any work pressure.

Communication- Effective communication is identified in the organization such as Safety policy, safety management certificates, and insurance certificates are mounted on the wall. The manager is verbally communicating with workers about the health & safety issues along with accident investigation findings.

Level of Supervision- In the scenario, the Manager has a lot of experience in tyre fitting work, and he is frequently visiting the workshop to ensure the work execution safely.

Consultation and Worker involvement- Risk assessment and a safe system of work are developed by the worker's involvement and ensured their understanding.

Training- Workers are receiving adequate induction training as well as health and safety and work-related and First Aid training.

Monitoring and Improvement- The manager is ready to receive any health and safety advice from labour inspector to improve the effectiveness of the H & S of the organization.

 

Task- 5(a) Why was it important to secure the scene of the accident?

Securing the accident scene is important to prevent it from being altered.

Securing the accident scenes enables the investigator to identify the immediate and root cause.

Securing the scene will help the authorized person such as an investigator to enter the accident scene so that it should be easy during the quick investigation.

Securing the accident scene helps to take the evidence to analyze the facts and root cause of the accident.

 

Task-5(b) Based on the scenario only, how did the manager effectively secure the scene?

Workshop Manager instructs the other tyre fitters to stop work and leave everything in the workshop as it is for the time being, with intensions to secure the scene. He also took photographs of the accident scenes for records.

 

Task -5(c): Based on the scenario only, what immediate actions did the manager take to gather information for the investigation?

Immediate actions are taken by the manager to gather information for the investigation are: -

  • Secured the scene of the accident after instructing all the workers to leave everything to avoid alteration of the evidence.
  • Eyewitness (Customer) is taken inside the privacy area by the manager in the office where the manager had recorded his statement on his phone after obtaining his consent for the recording and also recollecting the information from the first aider.
  • On the accident scene, the manager recorded his observations and taken Photographs for investigation.

 

Task -6(a): Based on the scenario only, what reactive (lagging) monitoring measures could be readily available for use by the tyre fitting organization?

Lagging monitoring measures that will be readily available for organization are as follows: -

Accident report- accident report of this accident will be readily available for the organization as a result of reactive monitoring.

Type of Injury- Workers have been off days for 6 weeks and it's a lost-time recordable injury of the company.

Lost workdays- The worker has been diagnosed with a fractured skull and a possible brain haemorrhage and admitted to the hospital for six weeks.

Accident Investigation findings- The manager communicated with workers about the finding of the investigation and also a discussion with labour inspector has been taken place regarding the findings of the investigation.

Compensation claim- Workers may file a civil compensation claim against the organization that shows the lagging indicators.

 

Task -6(b) Based on the scenario only, what active (leading) monitoring measures could be readily available for use by the tyre fitting organization?

Leading monitoring measures that will be readily available for organizations are as follows: -

Inspection Record- The manager is regularly visiting the workshop and doing inspections as required to ensure compliance with safety norms.

Audit Report- Organization is External Audited and found zero non-conformities.

Safety Management Compliance- The manager has worked very hard in meeting all the credentials of standard requirements which benefit the organization with health and safety management system certification.

Training Records- Adequate training (Induction, Work-related, and First Aid training) are provided to the workers by the organization.

 

Task -7(a): Based on the scenario only, comment on what worked well with the management of the emergency.

Emergency arrangements are a very important segment in case of any emergency, in the workshop, there are good management of emergency that worked well in the organization are as follows: -

Availability of First Aid Facilities & Trained First Aiders: - First Aid arrangements and trained first aiders are immediately available at the time of the accident because Tyre fitters are given adequate first aid training.

Quick Communications: - First Aiders immediately instructed the other workers to inform the emergency services to call the ambulance.

Quick Response & Alertness: - Everyone in the workshop is quickly alerted along with the manager about the accident.

Emergency Service Response- Emergency services were informed about the accident as an ambulance arrived on time and the injured worker was taken to a local hospital without delay.

 

Task -7(b) In the event of the manager being off work, what arrangements would enable another worker to manage a similar emergency?

In the case of the manager being off work, the following arrangements should be in place so that other workers can manage a similar emergency: -

Awareness of the Emergency procedure to be followed- the organization should prepare a clear effective procedure and must ensure that the worker is well aware of the procedure which will be followed for a particular emergency.

Regularly conducting drills and exercises- There should be the provision of emergency drills and exercises, so in case of any real emergency workers can handle the situation without the manager's support.

Effective Emergency Preparedness- Emergency contact numbers must be visible with the easily accessible communication means around the workshop at a reasonable location.

 

Task -8: What appears to be the legal reasons for the way health and safety are managed at the workshop?

As per ILO C155 and R164, the Employer has a legal duty of care to ensure that all employees while at work are safe from injuries and or risk to their health and Employer Must maintain a safe work environment, encourage safe working practices, provide and maintain safe work equipment and provide adequate health and safety information and training to the employees.

The Legal Reasons for the way health and safety is managed at the workshop appeared to be as follows: -

  • The Manager of the Tyre Fitting workshop is responsible for looking out all the health and safety matters includes ensuring legal compliances, avoiding any enforcement action, and any associated criminal or civil proceedings against the organization.
  • They also want to avoid any corresponding punitive measures from courts such as fines, and also want to avoid any media trial and reporting as this will ruin the image of the organization.
  • Risk is also being well managed in the workshop beyond the legal and accredited standard requirements and achieving certification of the organization’s health and safety management system.
  • Zero non-conformities are also received by the workshop management when the external audit is commenced.
  • Workers are getting adequate health and safety training; induction and information and a safe system of work are properly understood by the workers which are developed from the input feedback from the workers.
  • The latest Technology and Equipment are used, and Suitable and sufficient risk assessment is carried out and all understood by the workers for tyre fitting workshop.
  • Zero lost-time accident is a realistic goal-based requirement to achieve each year by the workshop manager.
  • Frequent workplace inspections are carried out and promote the culture of incident reporting and investigation that may identify root causes to prevent accidents.
  • All Legal documents are properly managed and documented such as accident report book, health, and safety policy, risk assessments, safe systems of work, training records, any complaints from workers, and emergency procedures and keeping up to date.
  • The recent accident is reported quickly by the workshop manager by submitting an online form to the enforcement authority as it was a lost-time injury and needs to be reported.
  • The workshop hours are from 09:00 -to 17:00 from Monday to Saturday, which ensures the working hours are not adversely affected employee’s safety and health which compliance with the legal reason of the employer’s responsibilities.

 

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