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Describe Section 3 (HSWA) 1974 of the

General Duties of Employers and the self-employed to persons other than


their employees affected by their undertaking

- A duty to safeguard those not in their employment but affected by the


undertaking.
- This includes members of the public, contractors, patients, customers,
visitors and students.

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Explain Section 4 (HSWA) 1974 of the
General Duties of Landlords, Owners and those in Control of Premises to
persons other than their employees affected by their undertaking

- A duty to ensure that means of access and egress are safe for those using
the premises.
- Those in control of non-domestic premises also have a duty to ensure, so far
as is reasonably practicable, that the premises, the means of access and exit,
and any plant (such as boilers and air conditioning units) or substances are
safe and without risks to health.
This duty extends to: people entering the premises to work; people entering
the premises to use machinery or equipment, for example
a launderette; access to and exit from the premises; corridors, stairs, lifts and
storage areas.

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Outline the general duties of Suppliers and manufacturers under section 6 of
the (HSWA) 1974, as regards to articles and substances for use at work

- Persons who design, manufacture, import or supply any article or substance


for use at work must ensure, so far as is reasonably practicable, that it is safe
and without risk to health
- Articles must be safe when they are set, cleaned, used and maintained.
- Substances must be without risk to health when they are used, handled,
stored or transported.
- This requires that information must be supplied on the safe use of the
articles and substances.

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- There may be a need to guarantee the required level of safety by
undertaking tests and examinations.

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Describe the two main general duties of employees at work under section 7 of
the (HSWA) 1974

The two main duties are:


- To take reasonable care for the health and safety of themselves and others
affected by their acts or omissions
- To cooperate with the employer and others to enable them to fulfil their legal
obligations.

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Describe the general duties of all persons under (‘horseplay section’), section
8 of the (HSWA) 1974

- No person is to misuse or interfere with the health and safety provisions


provided with at work.

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Section 9 of the (HSWA) 1974 states that:

- Employees cannot be charged for health and safety requirements such as


personal protective equipment.

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List the general duties of employers to their employees under the
(HSWA)1974 section 2

- To ensure, so far as is reasonably practicable, the health, safety and welfare


of all employees.
In particular:
- safe plant and systems of work
- safe use, handling, transport and storage of substances and articles
- provision of information, instruction, training and supervision

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- safe place of work, access and egress
- safe working environment with adequate welfare facilities
- a legal duty to prepare and write a safety policy together with organisational
and other arrangements (if there are five or more employees)
- consultation with safety representatives and formation of safety committees
where there are recognized trade unions.

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Explain what section 36 of the (HSWA) 1974 means by :
Offences Due to the Fault of Another Person

- Where an offence is committed by a person that was caused by the act of a


second person, the second person may also be charged with the first person.
- This situation may arise during the trial of the first person when it becomes
apparent that the action was the fault of a second person.
- The HSE have the power under this section to prosecute either both persons
or just one.
- The first person is usually the employer and the second person could be, for
example,
a manufacturer of a faulty product or a
self-employed contractor.

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Explain what Section 37 of the (HSWA) 1974 means by the statement:
Personal Liability of Directors

- Where an offence is committed by a corporate body with the consent or


connivance of, or is attributable to any neglect of, a director or other senior
officer of the body, both the corporate body and the person are liable to
prosecution.

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Duties if Employees and Agency Workers have specific responsibilities under
the HSW Act, which are:

- To take reasonable care for the health and safety of themselves and of other
persons who may be affected by their acts or omissions at work.
- This involves the same wide group that the employer has to cover, not just

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the people on the next desk or bench
- To cooperate with employers in assisting them to fulfil their statutory duties
- Not to interfere with deliberately or misuse anything provided, in accordance
with health and safety legislation, to further health and safety at work.

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Define WORK RELATED UPPER LIMB DISORDERS (WRULDS)?

Injuries occurring in the upper body (the hands, arms, wrists, fingers, neck
and shoulders) usually affecting the soft tissue, and caused or contributed to
by a workers activities in the workplace.

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Define MUSCULOSKELETAL HAZARDS?

Often associated with lifting and moving heavy loads, but they are also
associated with the way apparently easy and light objects are handled, and
from poor posture whilst carrying out work activities.

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Give some examples of repetitive construction activities that can cause MSDS
and WRULDS?

- Digging.
- Kerb laying.
- Movement and fixing of plasterboard.
- Placement and finishing of concrete slabs.
- Bricklaying.
- Erecting and dismantling scaffolds.
- Use of display screen equipment.

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Identify some of the ill health effects of poorly designed tasks and
workstations?

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- Physical stress.
- Visual problems.
- Mental stress.

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Give some WRULDS?

- Tendonitis.
- Tenosynovitis.
- Ulnar neuritis.
- Carpal tunnel syndrome.
- Thoracic outlet syndrome.

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Explain the factors contributing to ill-health conditions?

- THE TASK.....posture and physical action, forces involved, repetition,


duration and recovery time.
- ENVIRONMENTAL FACTORS.....illumination, contrast, glare, cold and
damp conditions due to majority of construction work taking place outdoors.
- EQUIPMENT.....physical characteristics of equipment (handles too small/big,
etc), position of equipment in relation to the worker.

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Define ERGONOMICS?

The study of the relationship between the worker, the work that they are
doing, and the environment in which they are doing it.

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What is the aim of ergonomics?

To improve a persons comfort, safety and productivity by ADAPTING THE


WORKPLACE and the WORK TASKS to suit them.

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When assessing Manual Handling Risks what should be considered?

TILE
T - Task
I - Individual
L - Load
E - Environment

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Define MANUAL HANDLING?

Any transporting or supporting of a load (including the lifting, putting down,


pushing, pulling, carrying or moving thereof) by hand or by bodily force.

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Define MECHANICAL HANDLING?

The use of any machine - hand operated or power driven - to aid manual
handling and to move, lift and carry loads.

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Give the 4 main causes of harm from Manual Handling operations?

- Failing to use a proper technique for lifting or moving an object or load.


- Moving loads which are too heavy.
- Failing to grip an object or load in a safe manner.
- Not wearing appropriate PPE.

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Identify some common types of Manual Handling injury?

- Back injuries.
- Muscular problems.
- Hernias.
- Cuts, abrasions and bruising.
- Bone injuries.

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- WRULDS.
- Exposure to hazardous substances.

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Define LOAD?

Any discrete moveable object, including a person. The weight of the load is
not the most critical factor. The term does NOT include a control lever
attached to a machine.

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When attempting to avoid or minimise manual handling risks, give some
considerations when assessing the TASK?

- Sequencing.....adjusting tasks to minimise the number of times it is carried


out.
- Work routine....introduce breaks, rotation.
- Using teams.
- Mechanise or automate the task.

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When attempting to avoid or minimise manual handling risks, give some
considerations when assessing the INDIVIDUAL?

- Any historical health issues.


- Sex.
- Any current health issues (pregnant).
- Training.
- Health surveillance.

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