September 2011

Examiners’ Report

NEBOSH National General Certificate in Occupational Health and Safety (NGC1)

2011 NEBOSH, Dominus Way, Meridian Business Park, Leicester LE19 1QW

tel: 0116 263 4700 fax: 0116 282 4000 email: info@nebosh.org.uk website: www.nebosh.org.uk The National Examination Board in Occupational Safety and Health is a registered charity, number 1010444 T(s):exrpts/C/NGC1[ ] EXTERNAL DW/DA/REW

Examiners’ Report NEBOSH NATIONAL GENERAL CERTIFICATE IN OCCUPATIONAL HEALTH AND SAFETY

UNIT NGC1: MANAGEMENT OF HEALTH AND SAFETY

SEPTEMBER 2011

For: NEBOSH National General Certificate in Occupational Health and Safety NEBOSH National Certificate in Fire Safety and Risk Management NEBOSH National Certificate in Construction Health and Safety CONTENTS Introduction 2 General comments 3 Comments on individual questions 4

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Introduction

NEBOSH (The National Examination Board in Occupational Safety and Health) was formed in 1979 as an independent examining board and awarding body with charitable status. We offer a comprehensive range of globally-recognised, vocationally-related qualifications designed to meet the health, safety, environmental and risk management needs of all places of work in both the private and public sectors. Courses leading to NEBOSH qualifications attract over 25,000 candidates annually and are offered by over 400 course providers in 65 countries around the world. Our qualifications are recognised by the relevant professional membership bodies including the Institution of Occupational Safety and Health (IOSH) and the International Institute of Risk and Safety Management (IIRSM). NEBOSH is an awarding body recognised and regulated by the UK regulatory authorities: The Office of the Qualifications and Examinations Regulator (Ofqual) in England The Department for Education and Skills (DfES) in Wales The Council for the Curriculum, Examinations and Assessment (CCEA) in Northern Ireland The Scottish Qualifications Authority (SQA) in Scotland Where appropriate, NEBOSH follows the latest version of the “GCSE, GCE, Principal Learning and Project Code of Practice” published by the regulatory authorities in relation to examination setting and marking (available at the Ofqual website www.ofqual.gov.uk). While not obliged to adhere to this code, NEBOSH regards it as best practice to do so. Candidates’ scripts are marked by a team of Examiners appointed by NEBOSH on the basis of their qualifications and experience. The standard of the qualification is determined by NEBOSH, which is overseen by the NEBOSH Council comprising nominees from, amongst others, the Health and Safety Executive (HSE), the Confederation of British Industry (CBI), the Trades Union Congress (TUC) and the Institution of Occupational Safety and Health (IOSH). Representatives of course providers, from both the public and private sectors, are elected to the NEBOSH Council. This report on the Examination provides information on the performance of candidates which it is hoped will be useful to candidates and tutors in preparation for future examinations. It is intended to be constructive and informative and to promote better understanding of the syllabus content and the application of assessment criteria. © NEBOSH 2011 Any enquiries about this report publication should be addressed to: NEBOSH Dominus Way Meridian Business Park Leicester LE10 1QW Tel: 0116 263 4700 Fax: 0116 282 4000 Email: info@nebosh.org.uk

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General comments

Many candidates are well prepared for this unit assessment and provide comprehensive and relevant answers in response to the demands of the question paper. This includes the ability to demonstrate understanding of knowledge by applying it to workplace situations. There are always some candidates, however, who appear to be unprepared for the unit assessment and who show both a lack of knowledge of the syllabus content and a lack of understanding of how key concepts should be applied to workplace situations. In order to meet the pass standard for this assessment, acquisition of knowledge and understanding across the syllabus are prerequisites. However, candidates need to demonstrate their knowledge and understanding in answering the questions set. Referral of candidates in this unit is invariably because they are unable to write a full, well-informed answer to one or more of the questions asked. Some candidates find it difficult to relate their learning to the questions and as a result offer responses reliant on recalled knowledge and conjecture and fail to demonstrate a sufficient degree of understanding. Candidates should prepare themselves for this vocational examination by ensuring their understanding, not rote-learning pre-prepared answers.

Common pitfalls It is recognised that many candidates are well prepared for their assessments. However, recurrent issues, as outlined below, continue to prevent some candidates reaching their full potential in the assessment.

Many candidates fail to apply the basic principles of examination technique and for some candidates this means the difference between a pass and a referral.

In some instances, candidates do not attempt all the required questions or are failing to provide complete answers. Candidates are advised to always attempt an answer to a compulsory question, even when the mind goes blank. Applying basic health and safety management principles can generate credit worthy points.

Some candidates fail to answer the question set and instead provide information that may be

relevant to the topic but is irrelevant to the question and cannot therefore be awarded marks.

Many candidates fail to apply the command words (also known as action verbs, eg describe, outline, etc). Command words are the instructions that guide the candidate on the depth of answer required. If, for instance, a question asks the candidate to ‘describe’ something, then few marks will be awarded to an answer that is an outline. Similarly the command word ‘identify’ requires more information than a ‘list’.

Some candidates fail to separate their answers into the different sub-sections of the questions. These candidates could gain marks for the different sections if they clearly indicated which part of the question they were answering (by using the numbering from the question in their answer, for example). Structuring their answers to address the different parts of the question can also help in logically drawing out the points to be made in response.

Candidates need to plan their time effectively. Some candidates fail to make good use of their time and give excessive detail in some answers leaving insufficient time to address all of the questions.

Candidates should also be aware that Examiners cannot award marks if handwriting is illegible.

Candidates should note that it is not necessary to start a new page in their answer booklet for each section of a question.

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Question 1 A visitor being shown around a site by a supervisor slipped on a patch of oil on a warehouse floor whilst taking a short cut. The visitor was admitted to hospital where they remained for several days.

(a) Outline the legal requirements for the reporting of this accident to the

enforcing authority. (4) (b) Explain with reasons in EACH case, the possible breaches of the

Health and Safety at Work etc. Act 1974 (HASAWA) by: (i) the employer; (10)

(ii) the supervisor. (4) (c) Identify TWO government authorities who could prosecute the

employer for breaches of the HASAWA. (2)

In answer to part (a) of the question, candidates should have recognised that the accident was reportable under RIDDOR since the visitor who was injured was taken to hospital. As such, a responsible person within the organisation should notify the enforcing authority by the quickest practicable means, such as by telephone or email and follow this up within ten days with a written report on F2508. A number of candidates believed that the accident was reportable because it resulted in an absence from work of more than three days – forgetting that the injured person was a visitor to the site while others did not seem to notice the reference to the visitor’s detention in hospital. For part (b), candidates should have explained that the employer had a general duty under Section 2(1) of the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety of their employees since, in the circumstances described, they as well as the visitor would have been at risk. More particularly, it could be alleged that he/she was in breach of Section 2(2) of the Act for failing to provide a safe place of work, safe means of access and egress to the place of work and a safe working environment together with an adequate level of supervision and the provision of sufficient information, instruction and training to employees. He/she might also be held to be in breach of Section 3 of the Act for failing to ensure that persons, not in employment, were not exposed to risks to their health and safety. As for the supervisor, they could be held to be in breach of Section 7 of the act for failing both to take reasonable care for the health and safety of themselves and others and to cooperate with their employer to enable them too, to comply with their particular duties. Marks were also available for explaining that by virtue of Section 36, the supervisor might also be held responsible for the breaches of Section 2 if it could be proved that the offences were due to their act or default. A further offence under Section 37 might also have to be considered though it would have to be proved that the supervisor fell within the category of officer mentioned in that section. Answers to this part of the question were disappointing with many candidates showing a fundamental lack of knowledge of the requirements of Health and Safety at Work etc Act 1974, and particularly Section 2. In a number of cases a list of possible breaches was offered without any explanation. There were few references to sections 36 or 37. However, as far as the supervisor was concerned, there was at least some evidence of familiarity with the requirements of Section 7.

Unit NGC1 Management of safety and health

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In answer to the last part of the question, candidates could have identified authorities such as the Health and Safety Executive, a local authority, the Director of Public Prosecutions, the Office of the Rail Regulator and, in Scotland, the Procurator Fiscal. Most candidates identified the HSE and a local authority to obtain the available marks. There was virtually no reference to the other authorities mentioned above.

Question 2 Explain, using a work-related example in EACH case, the meaning of the following terms:

(a) hazard; (2) (b) risk; (3) (c) so far as is reasonably practicable. (3)

For part (a), candidates should have explained that a hazard is something with the potential to cause harm. In answering part (b), candidates should have referred to the probability or likelihood that an unwanted event will occur and the possible severity in terms of injury or damage, should it occur. There still remains some confusion between hazard and risk and whilst for the latter most candidates referred to ‘probability’, a few only mentioned ‘severity’. In both cases relevant examples were limited. As for part (c), a good answer would have explained that the term involves balancing likely risk against the cost in terms of money, time and trouble necessary to remove the risk. If the risk is significant and the cost is manageable in terms of the above then action must be taken. If the opposite applies then no action will be required. Many candidates did provide a reasonable explanation but again the disappointment, was in their inability to support this with the required workplace example.

Question 3 (a) Explain the purpose of the ‘statement of intent’ section of a health and safety policy. (3)

(b) Outline the circumstances that would require a health and safety

policy to be reviewed. (5)

In answering the first part of the question, candidates should have explained that the purpose of the ‘statement of intent’ section of the policy is to set health and safety goals and objectives for the organisation; demonstrate management’s commitment to health and safety; explain the allocation of resources to attain the stated goals and objectives and give an indication of the cultural health and safety framework for the organisation. Most candidates provided a reasonable explanation for this part of the question though only a few made reference to the provision of the necessary resources.

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For part (b), candidate could have outlined circumstances such as significant changes in the structure of the organisation; after the introduction of new or changed processes or a change in working arrangements; following changes in key personnel or a change of premises; following changes in legislation; where audits, risk assessments, monitoring exercises or investigations into accidents and cases of ill-health show that the policy is no longer effective or relevant; following enforcement action by or the receipt of advice from the enforcement authority; as a result of consultation with the workforce; and after a sufficient period of time has elapsed since the previous review to suggest that another is due. Answers to this part of the question were perhaps not to the same standard with many not providing the detail necessary for an ‘outline’. It became obvious that a number answered with a risk assessment in mind rather than a health and safety policy. While reference was made to changes in personnel the qualifying word ‘key’ seldom appeared.

Question 4 (a) Identify the legal requirements whereby employers must prepare a

written statement of their health and safety policy. (2) (b) Outline reasons why organisations should set health and safety

targets. (6)

For part (a) of the question, candidates were required to identify that employers have a duty under the Health and Safety at Work etc Act 1974 to prepare a written statement of their health and safety policy when they have five or more employees. There were generally some good answers provided for this part of the question but there are still a few candidates who consider that the requirement to prepare a health and safety policy is contained in the MHSWR. For part (b), candidates were expected to outline reasons such as to give evidence of the commitment of management ; to prioritise and focus on important issues; to motivate staff by providing them with something tangible to aim for and to encourage their ownership of health and safety issues; to enable performance with standards to be measured and to identify any weaknesses or failures; to continuously improve standards and to identify improvements that have been made; to enable trends or clusters to be identified; to meet the standards of and to provide feedback on the safety management system; and to demonstrate standards to others and to enable benchmarking to be carried out. This part of the question was not well answered with few able to give relevant reasons for setting health and safety targets. There was only rare reference to the opportunity offered to measure the effectiveness of a safety management system. Many though that setting targets was a legal requirement while others described what constituted a target rather than why it should be set.

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Question 5 An employee who works on a production line has notified her employer that she is pregnant.

Outline the factors that the employer should consider when undertaking a specific risk assessment in relation to this employee. (8)

Factors that an employer should consider in undertaking a specific risk assessment in relation to pregnant employees include exposure to chemicals such as pesticides, lead and those that cause intracellular changes (mutagens) or affect the embryo (teratogens); the risk of biological exposures for example to hepatitis, leptospirosis or HIV; exposure to ionising radiation such as x-rays or to a physical environment involving extremes of temperature, humidity, noise or vibration; ergonomic issues relating to prolonged standing or the involvement of awkward body movements; the nature of the task to be performed including the intensity and variety of the work and the involvement of manual handling; psychological issues including stress; issues associated with the use and wearing of personal protective equipment; the working of excessive hours including night work and shift work and the need for lone working with the possibility of exposure to violence; and the arrangements for the provision of adequate rest breaks. Candidates who did not do so well in answering this question were those who explained the control measures that should be applied rather than the factors that should be considered when undertaking a risk assessment. A few only recited the rights of pregnant women.

Question 6 Representatives of employee safety can be elected to represent employees under the Health and Safety (Consultation with Employees) Regulations 1996.

(a) Outline the criteria that would help determine the appropriate number

of representatives of employee safety in a workplace. (4) (b) Outline the rights and functions of representatives of employee

safety elected under the Regulations. (4)

For part (a), candidates were expected to outline criteria such as the size of the workplace and/or the number of locations; the total number of employees; the type of work activities with particular reference to the risks they create; the variety of occupations at the workplace and the specialisms and levels of competence involved; the existence and operation of shift patterns and the areas which might not be covered by TU consultation. Answers to this part of the question were reasonable though some candidates did forget to mention those areas of the workplace which were not covered by TU representatives. In answer to part (b), candidates should have outlined entitlements such as being provided with reasonable facilities and assistance; being given time off with pay for training and to enable them to carry out their functions; to be consulted on matters relating to health and safety at work and to make representations to the employer on hazards and general matters of health and safety; to be provided with the information necessary to enable them to carry out their functions such as for example, that contained in records kept in accordance with the requirements of RIDDOR and to be given the facility to represent employees in consultation with representatives of the enforcing authority. Many candidates were confused between the rights and functions of ROES and those of TU appointed representatives and often referred to the Safety Representatives and Safety Committees Regulations 1977. However, they were able to gain some marks, if only by default because of the similarity in the rights and functions of both roles.

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Question 7 (a) Identify how induction training can assist in preventing accidents in the workplace. (4)

(b) Identify FOUR specific health and safety related issues which should

be covered during an induction training session. (4)

Induction training can help to prevent accidents in the workplace by introducing employees at an early stage to matters such as the standards of behaviour required and the rules that have been set; by demonstrating the correct working methods; by identifying key hazards and risks and by identifying the purpose and use of the related control measures such as the type of personal protective equipment that should be used and the reasons for its use; by identifying those in the organisation who should be contacted in the event of a problem arising; by explaining the employee’s individual health and safety responsibilities and the disciplinary measures that could be invoked for non-compliance; by identifying additional training requirements and by inducing a positive health and safety culture and reducing the effect of negative peer pressure. For part (b) candidates could have chosen from a number of relevant issues for inclusion in the training programme such as the company safety policy; emergency procedures such as those which should be followed if a fire were to occur; hazards specific to the workplace such as those arising from the equipment; the employee’s individual health and safety responsibilities such as the reporting of hazards and the name of the responsible person to whom the report should be made; accident reporting procedures and first aid arrangements; safe systems of work to be followed and requirements for the use of personal protective equipment; general site rules on matters such as alcohol and substance misuse; arrangements within the organisation for consultation with its employees and the disciplinary measures that could be invoked for non - compliance with set rules and procedures. Many candidates struggled with this question, particularly part (a) where they were able to offer little more than an introduction to site hazards and risks. However, they did succeed in identifying some relevant health and safety issues for the second part.

Question 8 Explain how the following may be used to improve safety performance within an organisation:

(a) workplace inspections; (3) (b) externally led audits; (3) (c) accident data. (2)

Safety inspections may be used to improve health and safety performance within an organisation in a number of ways including identifying hazards and the appropriate remedial action before accidents have occurred; showing management’s commitment to health and safety and improving the morale of the workforce; enabling the involvement of employees in the management of health and safety and if carried out on a regular basis, identifying trends and weaknesses in existing procedures. Many answers to this part of the question tended to concentrate on what constitutes a workplace inspection rather than how it might be used to improve safety performance. In answering part (b), candidates were expected to explain that an externally led audit may be used for improving health and safety performance by providing an objective, expert and independent assessment of actual performance against set standards; by identifying the strengths and weaknesses of the existing system and by enabling targets and objectives to be set and reviewed thus helping to ensure continuous improvement. Answers to this

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part were reasonable though some candidates did confuse audits with workplace inspections. Good answers to part (c) of the question would have explained how an analysis of accident data may be used to identify problem areas and trends to allow for the implementation of further controls and an improvement in resource allocation; to enable comparisons to be made with other like organisations; to provide information to employees in order to focus and stimulate discussion at joint consultation meetings; and to show the costs to the organisation of the accidents that have occurred. Few candidates referred to the use of data to aid resource allocation and to inform employees particularly at consultation meetings. If there was a general weakness in the answers to all three parts of the question it was that candidates tended to explain how, when and where the activities should be carried out without explaining how they might improve health and safety performance in the organisation.

Question 9 (a) Identify THREE occupational diseases reportable under the

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. (3)

(b) Outline reasons why employers should keep records of occupational

ill-health amongst employees. (5)

In answering part (a) of the question candidates were expected to identify three notifiable occupational diseases and were able to choose from a long list contained in RIDDOR including examples such as asbestosis, pneumoconiosis, tetanus, vibration white finger, hand-arm vibration syndrome, anthrax, hepatitis and leptospirosis. Most candidates produced what was required even though in some scripts the spelling needed some interpretation. A few did not seem to notice the reference to ‘occupational diseases’ and gave examples of major injuries. For part (b), candidates were expected to outline reasons such as to enable the compilation of statistics and trends; to investigate the causes of ill-health and to prevent a recurrence; to assist with health surveillance programmes; to provide information to safety representatives and safety committees; to meet the requirements under RIDDOR and to make a record under the COSHH Regulations 2002; to provide information for the DSS if required; and to provide evidence to support a defence for any civil claims that might be made. Answers provided for this part of the question were not to the same standard and were able to refer only to the collection of information to counter any future litigation.

Question 10 Outline factors that should be considered when developing a safe system of work. (8)

In answering this question, candidates were expected to outline factors such as details of the task or activity to be performed, such as might be provided by a job safety analysis; the equipment and materials to be involved; any information or guidelines provided by manufacturers; the number of employees who will carry out the activity, the level of their competence and training and the possibility that some may be vulnerable; the inherent and contingent hazards and risks taking into account the particular environment; the history of any accidents associated with the activity; the adequacy of the control measures in place; relevant legal requirements; the need for consultation with employees; emergency procedures and the systems for monitoring and supervision.

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Candidates seemed to be confused between a safe system of work and a safety management system and referred to HSG65 as a model. Others believed the question referred to a risk assessment and described how that activity should be carried out. In those who did seem to realise what was required, there seemed to be little appreciation of the importance of employee consultation.

Question 11 (a) Give the meaning of the term ‘young person’ as used in health and safety legislation. (2)

(b) Outline factors to be taken into account when undertaking a risk

assessment for young persons who are to be employed in the workplace. (6)

In answering part (a) of the question, candidates could have referred to the definition given in Regulation 1 of the Management of Health and Safety at Work Regulations as any person who has not attained the age of eighteen. This would embrace children, defined in the same regulation as persons who are not over compulsory school age. Few candidates were able to provide the meaning of the term. Some referred to persons under the age of 16, and others under 21, with little appreciation that the correct answer lay within the MHSWR. For part (b), candidates were expected to outline factors such as the nature of the task which the young persons would be required to carry out; their physical or psychological capability and their immaturity; their inexperience and lack of knowledge of the organisation’s processes and activities leading to a lack of awareness of the risks involved; their involvement in the operation of hazardous equipment; their possible exposure to toxic, carcinogenic and other listed agents or to radiation; work which might cause risks to their health from exposure to noise and/or extremes of temperature , vibration or pressure; their hours of work and the level of supervision that would be required and the peer pressure to which they might be subjected resulting in them taking risks. This part of the question was poorly answered with only the better answers outlining possible exposure to harmful substances, radiation and noise and vibration.

The National ExaminationBoard in OccupationalSafety and Health

Dominus WayMeridian Business ParkLeicester LE19 1QW

telephone +44 (0)116 2634700fax +44 (0)116 2824000email info@nebosh.org.ukwww.nebosh.org.uk