Management of Health and Safety at Work - Case Study Example

Management of Health and Safety at Work- Case Study Is this place of work? This is a hostel that provides short term accommodation to adults withdrinking and drugs problem. People register themselves over here, and enjoy accommodation while they work at their respective sites. Most of them go out early in the morning and come back in the afternoon from their part-time or full-time jobs. Some of them are elderly who do not work at all and need short term accommodation because their drinking or drugs problem cannot be handled by their families anymore. Smith, who has been severely injured in a scalding incident in the hostel, is one of these adults who have registered themselves with the hostel for a brief time period. Hence, it is asserted that the hostel under study is not a place of work. 2. Guidance relevant to the incident: The investigative process will include a six-step process as guidance to this incident (Health and Safety Executive 2004): 2.1. Step 1: Immediate Action Immediate action includes evacuating the area and collecting any perishable evidence like CCTV footages and video tapes. 2.1. Step 2: Planning the Investigation Here, I will decide what resources will be required to complete the investigation; will it be a team or a single investigator; and, what will be the duration of the investigation process. 2.2. Step 3: Data Collection: People present on the site of accident will be interviewed, and any hard evidence (equipment, documents, tapes, etc) may be sought after. 2.3. Step 4. Data Analysis Possible and underlying causes of the incident will be analyzed. Was there a management error by the hostel or was it a human error, will be investigated. 2.5. Step 5: Corrective Actions The root cause of the accident will be addressed here and rectified so that no future similar or dissimilar accidents occur before of the common root cause. 2.6. Step 6: Reporting On the completion of the investigation, the results will be reported to all the concerned authorities via incident investigation reports, alerts and presentations. 3. Information from police required before visiting the place of incident: I would ask the police about any perishable evidence they acquired. I would also ask about the nature of the incident, and would instruct them not to let any personnel disappear from the scene. I would ask them what equipment I need to bring at the place, and immediate hazards have been looked into to protect further injuries. I would ask if the accident site has been secured with ropes and barriers. I would gather all information about the hostel history, number of employees, accident records, and implementation of Occupational Safety and Health Administration Act of 1970 (OSHA). 4. Additional information required: I would ask the police whether all proper authorities have been notified, which include government agencies and health commission of the city. It is also imperative to know which kind of and how many resources will be required to carry out the investigative procedure in a timely and efficient manner. This would help identify the personnel to be involved and also the budget. I would also note down a description of the site of accident and other environmental conditions that were there at the time the accident occurred. I would also gather information about my inspectorial powers, and about the relevant OSHA regulations and national legislation regarding the conduction of investigation and collection of evidence. 5. Actions before visiting and specification of powers: I would arrange Personal Protective Equipment (PPE) for my team to ensure safety. I would ensure that all required equipment and resources have been obtained, for example, adequate camera film and sufficient bank cassette tape to record the interviews. I would consider if there is adequate transportation. I would make sure that my team possesses formal identification and visiting cards. My accident investigation checklist should be there with me. Since I will have all legal paperwork done, such as statement forms and stop notices, I would be in power as a chief investigator to conduct the investigation and interrogate the concerned individuals. 6. Possible immediate and underlying causes: Questions starting with 5 W’s (who, what, where, when, why) lead to immediate and underlying causes. Usually, the Why question leads to immediate and underlying causes. 6.1. Immediate Causes Immediate causes include agent of injury (in this case, hot water) or TMV fitting, or using the equipment in a wrong manner. 6.2. Underlying Causes Underlying causes include lack of guidance as to how to use the equipment (in this case, the TMV), failure to follow proper instructions to use the equipment, maintenance of the equipment on regular basis, level of complexity in using the equipment, lack of sufficient risk assessment done by the hostel, lack of pre-startup machinery checks, or ignorance of how to use the equipment resulting from inadequate training. 7. Immediate action: To address lack of control of hot water, I would issue an enforcement notice that would require a guard to be assigned to monitor all water outlets in the hostels. This notice will prescribe the time period for the action to take place. I would also call for plumbing professionals from a different company than WaterTec Ltd to conduct a second check on the errors in the plumbing system or TMV equipment. I would recommend all hostel residents not to use the TMV equipment at least until the investigation is complete. This immediate action will ensure that no more accidents occur at the hostel due to the same cause. 8. Managing the engineer: I am not going to allow the engineer from the WaterTech Ltd to enter the site of incident unless the engineers from the other company of my confidence conduct a check of the water system. This way, I would make sure that the engineer from the WaterTech Ltd does not temper with the evidence just to escape the blame. It can happen that he may hide the fact or the error in the water system to save the name of his company. I would manage this by respectfully preventing the engineer from entering the site for some time. I would make him understand the necessity of the circumstances and the sensitivity of the investigative procedure. I do not think there is a need for legal notice in this case, unless the engineer does not conform to my request. 9. Acceptable water temperature: It is generally accepted that 60 degrees Celsius water temperature is not safe (American Burn Association n.d.). “…water at 60 C can cause third-degree burns in most adults in six seconds. Third-degree burns are the most serious kind; they damage all layers of the skin” (Canada Safety Council 2015, par.2). This temperature is especially dangerous for young children and elderly people because they have less stamina to endure the severity of temperature, and also because they are more time back at home and hostels where hot water heaters and tap waters have been set at a default setting. The default setting must be less than 50 degrees Celsius to be on the safe side and to prevent tap water scalding. So, if the engineer tests the water and it comes out to be 60C, it is totally unacceptable for me. 10. Paperwork: I would keep a notebook with me in which I would jot down all the sensitive information I would gain from the witnesses. Ms. Jones and Mr. Mallard, who are the 1st and 2nd witnesses, can provide me with details of the uninterrupted site of incident. Mr. Gibs, who is the hostel manager, can provide me with information about any OSHA or national legislations that the hostel follows. Mr. Dunsford can provide me information about water system management. I would respectfully deal with Mr. Rudman, the MD of the hostel. I would gather from him the information about the hostel and any history of accidents. The sensitivities that I would have to consider while dealing with him include not making him feel blamed and guilty, and convincing him to cooperate with me in every manner. The WaterTech engineer can provide me information about any errors in the water system after my preferred engineers check it first. I will use my inspectorial powers as a chief investigation officer to obtain copies of information from the company. 11. Related legislation: The relevant legislation includes the following: 11.1. Workplace Injury, Rehabilitation and Compensation Act 2013 This Act enables the victims and their families to come to know about their rights of compensation by avoiding extra regulatory burdens (WorkSafe 2015). 11.2. Accident Compensation Act 1985 This Act also compensates the injured persons and their families, and provides compensation and rehabilitation to the injured person (Victorian Current Acts n.d.). 11.3. Occupational Safety and Health Act 1970 This is the most important Act concerning accidents and injuries at the workplace. Although, this is a hostel and not a workplace, still it is important for all kinds of organizations and companies to implement this law. This law requires the officials of the company to ensure their personnel’s safety (NOLO 2015). 12. Further interviews: Under caution setting out the reasons why and the potential offences, I would wish to interview Mr. Dunsford in detail because he has the largest part of information required to become familiar with the routine maintenance of water system and temperature checks. It is important to know every little detail so that corrective measures might be taken to prevent future accidents. His interview will help outline further action. 13. Individual or corporate failings resulting in the incident: According to me, this incident occurred due to human error and also due to wrong default temperature setting on the water system. There is human error because Smith did not read the reading on the water temperature setting, and he opened the tap unknowingly. Further, I would say that it is more of a corporate failure because the default water temperature setting had not been considered. The hostel authorities must have done proper routine checks to avoid the scalding incident. There was no risk assessment done when implementing the water system. There were no safe working procedures, and no effective management of hot water. People were not trained to use the water system, and thus, the victim failed in setting the correct water temperature. So, it is both a combination of individual and corporate failings that resulted in the unfortunate incident. I propose that all the residents of the hostel should be properly trained to use all kinds of equipment being used in the hostel. Also, risk assessment must be done prior to the installation of any new system. Critical Evaluation of Interventions Available The personnel and eye witnesses corresponded properly with the investigators, and proper transportation, protective equipment and other resources had been provided to carry out the investigative procedure. The selected course of action is very effective because it covers all the important aspects of the investigative procedure. If carried out properly, it will rule out any further risks of accidents. Prohibition Notice To, I, Mr. XYZ, the Chief Investigation Officer, hereby give you notice that the investigation team is of the opinion that the following use of the said premises as owned by you, namely ABC hostel, involves, or will involve, a risk to the residents on the premises in case of faulty water system so serious that the use of the premises ought to be prohibited or restricted. The investigation team is further of the opinion that the matters that give rise to risk include: Lack of training of residents Inadequate staff training Faulty water system Lack of risk assessment Hence, until proper corrective measures are taken, the said premises are restricted for use. The investigation team is further of the opinion that the risk of scalding is imminent and the prohibition is to take effect as soon as possible. Prohibition will continue until specified measures (proper training of residents, adequate staff training in usage of equipment, error-free water system, and proper risk assessment) have been taken and the notice withdrawn by the investigation team. Signature References American Burn Association, n.d. Scald Injury Prevention: Educator’s Guide. [Online] Available at [Accessed 7 May 2015] Canada Safety Council, 2015. Heated Debate About Hot Water. [Online] Available at [Accessed 7 May 2015] Health and Safety Executive, 2004. Investigating Accidents and Incidents. [Online] Available at [Accessed 7 May 2015] NOLO, 2015. OSHA: Complying With Workplace Health and Safety Laws. [Online] Available at [Accessed 7 May 2015] Victorian Current Acts, n.d. Accident Compensation Act 1985. [Online] Available at [Accessed 7 May 2015] WorkSafe, 2015. Workplace Injury Rehabilitation and Compensation. [Online] Available at [Accessed 7 May 2015] Read More