NEBOSH PAPER 6

IGC 1 THE MANAGEMENT OF INTERNATIONAL HEALTH AND SAFETY

Section 1

This section contains one question. The marks for each part of the question are shown in brackets. You are
advised to spend approximately half an hour on it.
1. (a) Identify the control measures to reduce the likelihood of human error in the workplace. (8)
(b) Give FOUR reasons why the seriousness of a hazard may not be fully understood by the worker. (4)
(c) Identify ways in which managers can motivate workers to work safely. (8)

Section 2

This section contains ten questions and you are advised to spend approximately 90 minutes on it. The marks for each question or part of a question are shown in brackets.
2. Identify EIGHT possible hazards observed in a risk assessment on a long distance delivery driver. (8)
3. (a) Identify reasons why young workers could be at greater risk of accidents at work. (4)
(b) Outline the control measures that could be taken to minimise risks to young workers. (4)
4 (a) Outline the purpose of the ‘statement of intent’ section of a health and safety policy. (2)
(b) Identify the circumstances that would require a health and safety policy to be reviewed. (6)
5 Outline the actions that should be taken following an accidents at work that caused serious injury to a worker. (8)
6 (a) Identify TWO main purposes of first-aid treatment. (4)
(b) Outline the factors to be considered when making an assessment of first aid requirements in a workplace. (4)
7 Outline the key elements of a health and safety management system. (8)
8. (a) Outline, using an example, the meaning of the term ‘risk’. (3)
(b) Identify the key stages of a risk assessment. (5)
9 Identify reasons why a worker could require additional health and safety during their employment. (8)
10. (a) Outline how accident data can be used to improve health and safety performance within an organisation. (4)
(b) Outline TWO active (proactive) monitoring procedures that could be used to assess an organisation’s health and safety performance. (4)
11. Outline the factors that should be considered when assessing the health and safety competence
of a contractor. (8)

FOR MORE HELP LEAVE YOUR COMMENT 

NEBOSH PAPER 4

Paper IGC 1 THE MANAGEMENT OF INTERNATIONAL HEALTH AND SAFETY

Section 1

This section contains one question. The marks for each part of the question are shown in brackets. You are
advised to spend approximately half an hour on it.
1. (a) An organisation has seen an increase in the number of accidents at work. Give FOUR reasons why this increase in accidents might have occurred. (4)
(b) Explain why workers may not follow the instructions they have been given. (4)
(c) Outline how the organisation might improve its health and safety performance to reduce
accidents. (12)

Section 2

This section contains ten questions and you are advised to spend approximately 90 minutes on it. The marks for each question or part of a question are shown in brackets.
2. Outline when a health and safety policy would require review. (8)
3. Explain how two organisations who share the same workplace can work together to ensure good health and safety standards are achieved. (8)
4 (a) Outline the rights of workers in respect of health and safety at work. (4)
(b) Outline the responsibilities of workers in respect of health and safety. (4)
5 Outline design features which may increase the likelihood of errors and violations occurring in the workplace. (8)
6 (a) Define the term ‘hazard’. (2)
(b) Define the term ‘risk’. (2)
(c) Identify FOUR means of hazard identification that may be used in a workplace. (4)
7 Describe , with the use of workplace examples, the principles of a general ‘hierarchy of control’ for risk reduction. (8)
8. Outline the main features of:
(a) a health and safety inspection; (4)
(b) a health and safety audit. (4)
9 Outline the benefits to an employer of conducting accident investigations. (8)
10. (a) Explain why it is important for an organisation to consult with its workers on health and safety issues. (4)
(b) Describe how the arrangements for consultation with workers may be made more effective. (4)
11. Identify the factors to be considered to ensure the health and safety of persons who are required to work on their own away from the workplace. (8)

FOR MORE HELP LEAVE YOUR COMMENT 

NEBOSH PAPER 3

Paper IGC 1 THE MANAGEMENT OF INTERNATIONAL HEALTH AND SAFETY

Section 1

This section contains one question. The marks for each part of the question are shown in brackets. You are
advised to spend approximately half an hour on it.
1. Following a significant increase in accidents, a health and safety campaign is to be launched within
an organisation to encourage safer working by employees.
(a) Outline how the organisation might ensure that the nature of the campaign is effectively communicated to, and understood by, the employees. (8)
(b) Other than poor communication, describe the organisational factors that could limit the effectiveness of the campaign. (12)

Section 2

This section contains ten questions and you are advised to spend approximately 90 minutes on it. The marks for  each question or part of a question are shown in brackets.
2. Outline reasons for maintaining good standards of health and safety within an organisation.(8)
3. Outline the key areas that should be addressed in the ‘arrangements’ section of a health and safety policy document. (8)
4 (a) Explain why it is important for an organisation to set targets in terms of its health and safety performance. (2)
(b) Outline SIX types of target that an organisation might typically set in relation to health and safety. (6)
5 Employers have a requirement placed upon them under health and safety to involve their employees.
(i) Explain the difference between ‘consulting’ and ‘informing’ (2)
(ii) Outline the health and safety matters on which employers must consult their employees. (6)
6 Outline the main health and safety issues to be included in an induction training programme for new employees. (8)
7 Outline ways in which the health and safety culture of an organisation might be improved (8)
8 With respect to the management of risk within the workplace:
(i) Explain the meaning of the term ‘hierarchy of control’. (2)
(ii) Outline, with examples, the standard hierarchy that should be applied with respect to controlling health and safety risks in the workplace. (6)
9 (a) Explain, using an example, the meaning of the term ‘risk’. (2)
(b) Outline the factors that should be considered when selecting individuals to assist in carrying out risk assessments in the workplace. (6)
10 Outline the immediate and longer term actions that should be taken following a serious injury accident at work. (8)
11 List the written information that is likely to be examined during a health and safety audit. (8)

FOR MORE HELP LEAVE YOUR COMMENT 

NEBOSH PAPER 2

PAPER IGC 2 CONTROL OF INTERNATIONAL WORKPLACE HAZARDS

Section 1

This section contains one question. The marks for each part of the question are shown in brackets. You are
advised to spend approximately half an hour on it.
1. (a) Outline the factors that may affect the risk from manual handling in relation to:
(i) the task; (4)
(ii) the load. (4)
(iii) the individual (4)
(iv) the working environment (4)
(b) Outline a good manual handling technique that could be used when lifting a box
weighing 12.5 kg. (4)

Section 2

This section contains ten questions and you are advised to spend approximately 90 minutes on it. The marks for each question or part of a question are shown in brackets.
2. Outline FOUR types of engineering control that may be used to reduce noise in the workplace,
giving a practical example of EACH. (8)
3. Outline the issues that should be considered by an organisation when developing a system for the safe
collection and disposal of its waste. (8)
4 (a) Outline ways of segregating pedestrians and vehicles in the workplace. (4)
   (b) Outline ways of reducing the risk to pedestrians when segregation is not practicable. (4)
5 Outline a range of checks that should be made to ensure electrical safety in an office environment.(8)
6 (a) Outline the principles of the following types of machine guard:
   (i) fixed guard (2)
   (ii) interlocked guard (2)
   (b) Identify TWO advantages and TWO disadvantages of a fixed machine guard. (4)
7 Identify the ways in which accidents may be prevented when using portable ladders as a means of access.(8)
8. (a) Define the meaning of the term ‘hazard’. (2)
    (b) Outline the main hazards that may be present during the demolition of a building. (6)
9  (a) Describe the differences between acute and chronic health effects. (4)
    (b) Identify the factors that could affect the level of harm experienced by a worker exposed to a toxic substance. (4)
10 (a) In relation to the classification of fires, give an example of a material(fuel) that falls
     within EACH of the classes A, B, C and D. (4)
     (b) Identify TWO methods of heat transfer AND explain how EACH method contributes to the spread of fire. (4)
11  a) List possible health effects of working outside in extreme heat created by the sun. (4)
     (b) Outline control measures that could be used to minimise the effects of the sun on construction workers. (4)

FOR MORE HELP LEAVE YOUR COMMENT 

NEBOSH PAPER 1

Paper IGC 1 THE MANAGEMENT OF INTERNATIONAL HEALTH AND SAFETY

Section 1

This section contains one question. The marks for each part of the question are shown in brackets. You are
advised to spend approximately half an hour on it.
1. (a) Identify the possible consequences of an accident to:
(i) the injured workers; (3)
(ii) their employer. (3)
(b) Identify the direct and indirect costs to the employer of accidents at work. (8)
(c) Outline the actions an enforcement agency may take following an accident at work. (6)

Section 2

This section contains ten questions and you are advised to spend approximately 90 minutes on it. The marks for each question or part of a question are shown in brackets.
2. Outline how two organisations who share the same workplace can work together to ensure
that good health and safety standards are achieved. (8)
3. Outline what should be considered when undertaking a risk assessment for young persons
who are to be employed in the workplace. (8)
4     (a) Identify THREE types of emergency in the workplace which require the evacuation of workers. (3)
       (b) Explain why it is important to develop workplace procedures for emergency situations.(5)
5 Outline the key elements of a health and safety management system. (8)
6     (a) Give TWO reasons why visitors to a workplace might be at greater risk of injury than workers.(2)
       (b) Identify the precautions to be taken to reduce the risk of injury to visitors to the workplace.(6)
7. Outline the immediate and longer term actions that should be taken following an accident at work that
caused serious injury to a worker. (6)
8. Outline the main features of:
      (a) a health and safety inspection; (4)
      (b) a health and safety audit. (4)
9 List the ways in which a manager could involve workers in the improvement of health and
safety in the workplace. (8)
10. (a) Explain, using an example, the meaning of the term ‘risk’. (4)
      (b) Outline the key steps of a risk assessment. (4)
11. (a) Outline why it is important for an organisation to set health and safety targets. (2)
      (b) Identify health and safety targets that an organisation may set. (6)

For more help leave comment 

Liquefied Petroleum Gas (LPG) Storage

What is LPG?

Liquefied petroleum gas (LPG) is a colourless odourless liquid which readily evaporates into a gas. Normally an odourant has been added to it to help detect leaks.

LPG (either Butane or Propane), is generally stored and distributed as a liquid and it is widely used for process and space heating, cooking and automotive propulsion.  .  It is classified as highly flammable and if it contains more than 0.1%Butadiene, it is also classified as  a carcinogen and mutagen.

LPG is non-corrosive but can dissolve lubricants, certain plastics or synthetic rubbers.

---

What are the dangers of LPG?

LPG may leak as a gas or a liquid.  If the liquid leaks it will quickly evaporate and form a relatively large cloud of gas which will drop to the ground, as it is heavier than air.   LPG vapours can run for long distances along the ground and  can collect in drains or basements.  When the gas meets a source of ignition it can burn or explode.

Cylinders can explode if involved in a fire.

LPG can cause cold burns to the skin and it can act as an asphyxiant at high concentrations.

---

What are the Regulations?

The regulations are framework in character.  They lay down general requirements but rely for detailed guidance upon codes of practice which may be approved from time to time by the Health and Safety Authority.  These regulations apply in addition to any other requirements under relevant statutory provisions.

---

What do the Regulations cover?

The regulations cover storage, loading and unloading, use of LPG and related activities, carried on in the course of any trade or business, involving more than 70kg or a total volumetric storage capacity above 160 litres. The regulations do not apply to fuel tanks of vehicles.

---

What other Regulations apply to the storage of LPG?

• The Safety, Health and Welfare at Work (General Application) Regulations
• The European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations, 2006, apply to the storage of LPG at inventories of 50 tonnes or greater

---

Who must comply?

Obligations are placed upon occupiers, suppliers of LPG, persons present at installations, designers of plant and persons installing plant.

---

What are the general requirements?

• LPG must be stored in adequate location wherein vessels or cylinders are suitably positioned having regard to the relevant codes of practice
• LPG  plant must be designed to appropriate standards and be properly installed and commissioned by competent persons
• Plant must be fitted with adequate safety and monitoring control devices and operated by competent persons
• Occupiers must notify the gas supplier of any structural or other changes which might affect the gas installation
• There must be a suitable programme of maintenance and testing by competent persons
• Plant must be identifiable and accessible for maintenance
• Records of maintenance and tests must be kept
• Precautions must be taken to prevent fire and explosion including appropriate protection of storage vessels
• Installations must have appropriate security measures to prevent deliberate interference
• Incidents involving death or hospitalisation, fire or explosion or a significant release of LPG must be reported to the Authority and records of such incidents must be kept

Hazard and Risk

What is a Hazard?

When we refer to hazards in relation to occupational safety and health the most commonly used definition is ‘A Hazard is a potential source of harm or adverse health effect on a person or persons’.

The terms Hazard and Risk are often used interchangeably but this simple example explains the difference between the two.

If there was a spill of water in a room then that water would present a slipping hazard to persons passing through it. If access to that area was prevented by a physical barrier then the hazard would remain though the risk would be minimised.

What is Risk?

When we refer to risk in relation to occupational safety and health the most commonly used definition is ‘risk is the likelihood that a person may be harmed or suffers adverse health effects if exposed to a hazard.’

Categorising Risk

The level of risk is often categorised upon the potential harm or adverse health effect that the hazard may cause, the number of times persons are exposed and the number of persons exposed. For example exposure to airborne asbestos fibres will always be classified as high because a single exposure may cause potentially fatal lung disease, whereas the risk associated with using a display screen for a short period could be considered to be very low as the potential harm or adverse health effects are minimal.

What are Control Measures?

Control measures include actions that can be taken to reduce the potential of exposure to the hazard, or the control measure could be to remove the hazard or to reduce the likelihood of the risk of the exposure to that hazard being realised. A simple control measure would be the secure guarding of moving parts of machinery eliminating the potential for contact. When we look at control measures we often refer to the hierarchy of control measures.

1. Eliminate the hazard	Elimination of the hazard is not always achievable though it does totally remove the hazard and thereby eliminates the risk of exposure. An example of this would be that petrol station attendants in Ireland are no longer exposed to the risk of chronic lead poisoning following the removal of lead from petrol products sold at forecourts.
2. Substitute the hazard with a lesser risk	Substituting the hazard may not remove all of the hazards associated with the process or activity and may introduce different hazards but the overall harm or health effects will be lessened. In laboratory research, toluene is now often used as a substitute for benzene. The solvent-properties of the two are similar but toluene is less toxic and is not categorised as a carcinogen although toluene can cause severe neurological harm.
3. Isolate the hazard	Isolating the hazard is achieved by restricting access to plant and equipment or in the case of substances locking them away under strict controls. When using certain chemicals then a fume cupboard can isolate the hazard from the person, similarly placing noisy equipment in a non-accessible enclosure or room isolates the hazard from the person(s).
4. Use engineering controls	Engineering Controls involve redesigning a process to place a barrier between the person and the hazard or remove the hazard from the person, such as machinery guarding, proximity guarding, extraction systems or removing the operator to a remote location away from the hazard.
5. Use administrative controls	Administrative controls include adopting standard operating procedures or safe work practices or providing appropriate training, instruction or information to reduce the potential for harm and/or adverse health effects to person(s). Isolation and permit to work procedures are examples of administrative controls.
6. Use personal protective equipment	Personal protective equipment (PPE) include gloves, glasses, earmuffs, aprons, safety footwear, dust masks which are designed to reduce exposure to the hazard. PPE is usually seen as the last line of defence and is usually used in conjunction with one or more of the other control measures. An example of the weakness of this control measure is that it is widely recognised that single-use dust masks cannot consistently achieve and maintain an effective facepiece-to-face seal, and cannot be adequately fit-tested and do not offer much, if any real protection against small particulates and may lead to a false sense of security and increase risk. In such instances an extraction system with fitted respirators may be preferable where the hazard may have significant health effects from low levels of exposure such as using isocyante containing chemicals.

back to top

---

What is Risk Assessment?

Risk Assessment is where the severity of the Hazard and its potential outcomes are considered in conjunction with other factors including the level of exposure and the numbers of persons exposed and the risk of that hazard being realised. There are a number of different formulae used to calculate the overall risk from basic calculations using high, medium and low categories to complicated algorithms to calculate risks at Nuclear power stations and other high risk work locations.

It is important to ensure that the residual risk following implementation of control measures is ‘as low as is reasonably possible (ALARP). For a risk to be ALARP it must be possible to demonstrate that the cost involved in reducing the risk further would be grossly disproportionate to the benefit gained.

- See more at: http://www.hsa.ie/eng/Topics/Hazards/#sthash.nqmnz7ry.dpuf

Explosives

Uses of Explosives

Explosives are used in a number of industries and locations in Ireland. They are used extensively in underground mining and surface hard rock quarrying operations. They are also used frequently in the construction industry for the development of new roads, excavation of ground for the foundations of buildings or basement areas and in demolition work.

Types of Explosives

There are many types of explosives used in Ireland and these include ANFO, which is a mixture of Ammonium Nitrate and Fuel Oil (Diesel), pumped emulsion which is a liquid explosive, gelignite based cartridge explosives, and shock tube compressed gas explosives. Explosives require initiation and this is achieved through the use of detonators, detonating cord and in rare cases detonating fuse.

Who Can Use and Handle Explosives?

There are strict controls on who can be involved in the transport, storage and use of explosives and explosive products and a qualified shotfirer is always required to undertake blasting operations. In addition to health and safety legislation on the use and storage of explosives there are also legislative requirements enforced by Inspectors from the Department of Justice, Equality and Law Reform.

- See more at: http://www.hsa.ie/eng/Topics/Explosives/#sthash.x53A0ipy.dpuf

Working in confined space

What is a confined space?

Confined Space refers to any place, including any vessel, tank, container, pit, bund, chamber, cellar or any other similar space which, by virtue of its enclosed nature, creates conditions that give rise to a likelihood of an accident, harm or injury of such a nature as to require emergency action due to

• the presence or reasonable foreseeable presence of:
  -    flammable or explosive atmospheres
  -    harmful gas, fume or vapour
  -    free flowing solid or an increasing level of liquid
  -    excess of oxygen
  -    excessively high temperature
• the lack or reasonably foreseeable lack of oxygen

back to top

---

What are the key characteristics which define a confined space?

The key characteristics of a confined space are:

• the space must be substantially enclosed
• there must be a risk of at least one of the hazards listed above occurring within the space
• the risk of serious injury from the hazard must be created by virtue of the enclosed nature of the space
• the potential injury must be serious and be such as to require emergency action to rescue the person involved.

back to top

---

What are the hazards associated with confined spaces?

The hazards associated confined spaces include:

• Toxic Atmosphere
  A toxic atmosphere may cause various acute effects, including impairment of judgement, unconsciousness and death. A toxic atmosphere may occur due to the presence or ingress of hazardous substances. These substances may be present in the Confined Space for various reasons such as:
  -    remaining from previous processing or storage
  -    arising from the disturbance of sludge and other deposits
  -    the presence of a fire or flames within the space
  -    seepage from improperly isolated adjoining plant
  -    formation during the work processes carried out in the space
  -    being released from under scale and in brickwork as a result of the work process
• Oxygen Deficiency
  Oxygen can be lacking a confined space for the following reasons:
  -    displacement of air by another gas
  -    various biological processes or chemical reactions (such as rotting of organic matter, rusting of metals, burning, etc)
  -    absorption of air onto steel surfaces, especially where these are damp
• Oxygen Enrichment
  An excess of oxygen, in the presence of combustible materials, results in an increased risk of fire and explosion. Some materials, which do not burn in air, may burn vigorously or even spontaneously in an enriched oxygen atmosphere.
• Flammable or Explosive Atmospheres
  A flammable atmosphere presents a risk of fire or explosion. Such an atmosphere can arise from the presence in the confined space of flammable liquids or gases or of a suspension of combustible dust in air. If a flammable atmosphere inside a confined space ignites, an explosion may occur, resulting in the expulsion of hot gases and the disintegration of the structure.
• Flowing Liquid or Free Flowing Solids
  Liquids or solids can flow into the confined space causing drowning, suffocation, burns and other injuries.  Solids in powder form may also be disturbed in a confined space resulting in an asphyxiating atmosphere.
• Excessive Heat
  The enclosed nature of a confined space can increase the risk of heat stroke or collapse from heat stress, if conditions are excessively hot. The risk may be exacerbated by the wearing of personal protective equipment or by lack of ventilation

back to top

---

What are the legal requirements in regard to confined space entry?

The Safety, Health and Welfare at Work (Confined Spaces) Regulations 2001 cover all work in relation to confined spaces.

Regulation 5 states that:

• A person shall not carry out work in Confined Spaces if it is reasonably practical that it could be avoided
• If the work must be carried out Hazard Identification and Risk Assessment must be carried out prior to the work commencing
• A person shall not enter a confined space unless there is a system of work in place that has been planned, organised, performed and maintained so as to render that work safe and without risk to health
• Anyone entering a confined space must be provided with appropriate information, training and instruction appropriate to the particular characteristics of the proposed work activities

back to top

---

What are legal requirements in relation to Emergency Arrangements for confined spaces?

Regulation 6 of the Confined Space Regulations 2001 states that:

• A person shall not enter a confined space unless there is a suitable emergency arrangements have been made which are appropriate to the confined space in question
• The emergency arrangements shall include:
  -    all practical measures necessary to ensure the health and safety of  those taking part in the rescue
  -    the provision of a suitable and reliable means of raising the alarm in the event of an emergency
  -    having all necessary rescue equipment nearby and in a well maintained, good condition
  -    the provision of information, instruction and training to all involved in rescue procedures
  -    the provision of equipment and training for resuscitation procedures if there is a foreseeable risk that they will be needed.

back to top

---

What must I look for in a confined space risk assessment?

When carrying out a risk assessment it is important to ensure that all risks associated with the hazards above are evaluated and controlled. When carrying out a risk assessment the following questions should be asked:

• What could be inside the space that would pose a risk?
  -    Contents?
  -    Oxygen Deficiency?
  -    Previous Contents?             
  -    Oxygen Enrichment?
  -    Residues?                            
  -    Structure and Layout?
  -    Contamination?
• What will be created due to the work carried out in the space?
  -    Sources of Ignition?            
  -   Flammable Substances?
• What‘s outside the space that might pose a risk during the proposed work?
  -    Inadequate Isolation?
  -    Inadvertent Operation Of Plant?
  -    Nearby Work Activities?

back to top

---

Are there any exemptions from the Safety, Health and Welfare (Confined Spaces) Regulations 2001?

Yes. The regulations do not apply to any place below ground in a mine (as defined by the Mines and Quarries Act 1965) or to any diving operations.

back to top

---

What are the key elements of a safe system of work for a confined space?

The key elements to be considered when drawing up a safe system of work are:

• Competence, training, supervision and suitability
• Permit-to-work procedure
• Gas purging and ventilation
• Dangerous residues
• Testing and monitoring of the atmosphere
• Mechanical, electrical and process isolation
• Respiratory protective equipment
• Other personal protective equipment
• Safe use of work equipment
• Communications
• Access and egress
• Flammable or explosive atmospheres
• Combustible materials

---

What is a permit-to-work procedure?

A permit to work procedure is a means of achieving effective control of a system of work through formal written documentation known as a permit to work form.  The essential components of a permit-to-work system include:

• A written procedure, which sets out how the system is to operate and clearly defines who may authorise particular jobs and who is responsible for specifying and implementing the necessary precautions
• A form, known as the "permit-to-work form", which becomes a written and signed statement ensuring both the establishment of safe conditions for the work to commence and the maintenance of safe conditions for the duration of the work, including the provision of emergency arrangements
• A method of informing the persons carrying out the work of the exact identity, location, nature and extent of the job, the hazards involved and the precautions to be taken, and
• A system for ensuring the safe hand-back of the workplace after the job is completed and, in the case of confined space entry, after the space is vacated

Working at Height

These are briefing notes on the Work at Height Regulations - and some of the things you should be doing about them.

What is work at height?

Work at height is work in any place, including a place at, above or below ground level, where a person could be injured if they fell from that place. Access and egress to a place of work can also be work at height. 

Examples of work activities that are classified as working at height:

• Working on trestles
• Working on a flat roof
• Erecting false work or formwork
• Working on a ladder
• Working at ground level adjacent to an excavation;
• Working on formwork within an excavation
• Working near or adjacent to fragile materials

Our key messages 

• Carry out risk assessments for work at height activities and make sure that all work is Planned, Organised and carried out by a competent person
• Follow the  General Principles of Prevention for managing risks from work at height – take steps to avoid, prevent or reduce risks
• Chose the right work equipment and select collective measures to prevent falls (such as guard rails and working platforms) before other measures which may only reduce the distance and consequences of a fall (such as nets or airbags) or may only provide fall-arrest through personal protection equipment. 

Requirements for employers

The Work at Height Regulations require employers to ensure that:

• All work at height is properly planned and organised
• A risk assessment is carried out for all work conducted at height
• Appropriate work equipment is selected and used
• People working at a height are competent
• Equipment used for work at height is properly inspected and maintained
• Risks from fragile surfaces are properly controlled 

The risk assessment should include a careful examination of what harm could be caused from working at height with a view to taking the effective steps to reduce the likelihood of this harm occurring, either through avoiding the activity or, where this is not reasonably practicable, by carrying it out in a safe manner using work equipment that is appropriate to the task and the level of risk.

Exceptions

Examples of where these regulations do not apply would include:

• Walking up and down a staircase in an office
• Working in an office on the upper floors of a temporary accommodation building
• Sitting in a chair
• Work carried out by private individuals on their own homes where this is not for the purpose of business or trade

- See more at: http://www.hsa.ie/eng/Topics/Work_at_Height/#sthash.NNrYMBm7.dpuf

CHAPTER XI.- Supplemental

Section 107. Appeals.-

(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order,appeal against it to the prescribed authority, and such authority may subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.

(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:

Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or if it thinks fit, without the aid of any assessor.

(3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against, pending the decision of the appeal.

Section 108. Display of notices.-

(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice continuing such abstracts of this Act, and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.

(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.

(3) The Chief Inspector may, by order in writing serve on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

Section 109. Service of notices.-

The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

Section 110. Returns.-

The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purpose of this Act,

Section 111. Obligations of workers.-

(1) No worker in a factory -

• (a) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the worker therein;
• (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
• (c) shall wilfully neglect to make use of any appliances or other things provided in the factory for the purposes of securing the health or safety of the workers therein.

(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

Section 111A. Right of workers, etc.-

Every worker shall have the right to -

• (i) obtain from the occupier, information relating to worker's health and safety at work,
• (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work,
• (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.

Section 112. General power to make rules.-

The State Government may make rule providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the provisions of this Act.

Section 113. Powers of Centre to give directions.-

The Central Government may give directions to State Government as to the carrying into execution of the provisions of this Act.

Section 114. No charge for facilities and conveniences.-

Subject to the provisions of section 46 no fee or charge shall be realized from any worker in respect of any arrangement or facilities to be provided, or any equipment or appliances to be supplied by the occupier under the provisions of this Act.

Section 115. Publication of rules. -

(1) All rules made under this Act shall be published in the official Gazette and shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), shall be not less than forty-five days from the date on which the draft of the proposed rules was published.

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made, before the State Legislature.

Section 116. Application of Act to Government factories.-

Unless otherwise provided this Act shall apply to factories belonging to Central or any State Government.

Section 117. Protection of the persons acting under this Act.-

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 118. Restriction on disclosure of information.-

(1) No Inspector shall, while in service or after leaving the service disclose otherwise than in connection with execution, or for the purposes, of this Act, any information relating to any manufacturing of commercial business or any working process, which may come to his knowledge in the course of his official duties.

(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise or, for the purposes of any report of such proceedings as aforesaid.

(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to one thousand rupees, or with both.

Section 118A. Restriction on disclosure of information.-

(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.

(2) No Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:

Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.

Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970.-

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 or any other law for the time being in force.

Section 120. Repeal and savings.-

The enactment set out in the Table appended to this section are hereby repealed:

Provided that anything done under the said enactments, which could have been done under this Act, if it had been in force, shall be deemed to have been done under this Act.

CHAPTER X.- Penalties and Procedure

Section 92. General penalty for offences.-

Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier or manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with as further fine which may extend to one thousand rupees for each day on which the contravention is so continued.

Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.

Explanation. - in this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of and phalanges of the hand or foot.

Section 93. Liability of owner of premises in certain circumstances. -

(1) Where in any premises separate building are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue order, to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).

(3) Where in any premises, independent or self-contained floor or fiats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he was the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of -

• (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for those purpose in concerned;
• (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;
• (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;
• (iv) precaution, in case of fire;
• (v) maintenance of hoists and lifts; and
• (vi) maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (3).

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier, for use as separate factories:

Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities.

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48.

(7) Where in any premises, portions of a room or a shed are leased to different occupiers, for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of -

• (i) Chapter III, except sections 14 and 15;
• (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:

Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:
Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him;

• (iii) section 42.

(8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of premises in respect of the carrying out of the provisions of sub-section (7).

(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

Section 94. Enhanced penalty after previous conviction.-

(1) If any person who has been convicted of any offence punishable under section 92 is again found guilty of an offence involving a contravention Of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine, which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both;

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees:

Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.

(2) For the purpose of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.

Section 95. Penalty for obstructing inspector.-

Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

Section 96. Penalty for wrongfully disclosing results of analysis under section 91.-

Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to ten thousand rupees or with both.

Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.-

(1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.

Section 97. Offences by workers.-

(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees.

(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

Section 98. Penalty for using false certificate of fitness.-

Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allow it to be used, or an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to two months or with fine which may extend to one thousand rupees or with both.

Section 99. Penalty for permitting double employment of child.-

If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees, unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.

Section 100.- Omitted by Act 20 of 1987

Section 101. Exemption of occupier or manager from liability in certain cases.-

Where the occupier or manager of a factory is charged with an offence punishable under this Act he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court -

• (a) that he has used due diligence to enforce the execution of this Act, and
• (b) that the said other person committed the offence in question without his knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be, discharged from any liability under this Act in respect of such offence:

Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the occupier or manager, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.

Section 102. Power of court to make orders.-

(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such- behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.

(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefor by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine as aforesaid.

Section 103. Presumption as to employment.-

If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.

Section 104. Onus as to age.-

(1) When any act or omission would, if a person was under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age.

(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

Section 104A. Onus of proving limits of what is practicable, etc. -

In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or as the case may be, all practicable measures were taken to satisfy the duty or requirement.

Section 105. Cognizance of offences.-

(1) No court shall take cognizance of any offence under this Act except on complaint by, or which previous sanction in writing of, an Inspector.

(2) No court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

Section 106. Limitation of prosecution.-

No court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which he alleged commission of the offence, came to the knowledge of an Inspector.

Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

Explanation. - For the purposes of this section,-

• (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
• (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory the period of limitation shall be computed from the date on which the time so granted or extended expired.

Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.-

For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate, shall be deemed to be the place where such offence has been committed.