Discuss the significant legal (UK) theoretical and evidence based aspects of the accident case study

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Discuss the significant legal (UK) theoretical and evidence based aspects of the accident case study

For this assessment you need to study the accident case study below and carry out a technical report for management and action plan.
Provide an introduction that briefly describes your rationale for your intended approach to the accident case study including background to the accident. The main body of the assignment should clearly identify the accident in relation to the outcome and causation. There should be a description of the control systems in place and an analysis of the strength and weaknesses of those control measures which have contributed to the accident such as the lessons learnt and significance to safety management. The assignment should take into consideration the significant legal aspects of the case & be technical and evidence based (3500 Words).
Report Guidelines
1. Present report well and Indicate structured approach to the analysis of the accident case study
2. What theory of model are you going to use to analyse your issue?
3. Clear focus on module subject area with a suitable rationale and description of the accident with appropriate clarity of background to the accident
4. Provided a clear overview of the accident in relation to the outcome and causation.
5. Discuss the significant legal (UK) theoretical and evidence based aspects of the accident case study
6. Explain the lessons learnt from the case study and the significance to occupational safety & health management.
7. Formalise recommendations in an action plan
Report Structure
Executive summary (500 words)
Introduction (what theory of model are you going to use to analyse your issue)
Background of the accident
Immediate causes of the accident
Methodology
The context (you can use accident investigation techniques)
Conclusion
Recommendation / Action plans
References
Harvard reference guide of 30 in total; they MUST include journal articles legislation policy books/chapters and occasionally reliable web sites.
All work MUST be clearly referenced and works without in-text references would be unacceptable. And all sources of information MUST be referenced correctly
Non Enforcement Case Study 2014
The site of the accident was a small garage with one manager employing 5 full time staff. Recently trade in non-commercial vehicle repairs had been flat so the Manager had promoted their business to commercial vehicles (small vans) and this had recently become an important part of the business.
The garage floor was the scene of a fall by Mr. L. a young person into an inspection chamber resulting in a broken leg.
The incident has shocked both the Manager and the other members of staff. It is clear to all that the incident could easily have resulted in Mr. Ls death.
You have been asked to present a range of interventions that can be used by the manger to prevent any further accidents.
On investigation you find that Mr L. had been employed on a work scheme to learn tyre changing and repair and had been learning the job for 6 months. In that time he had had a number of close misses as described by the manager but his workmates saw this as part of learning on the job.
On the first day of his employment Mr. L had picked up an unlabelled container he took a sniff to see if he could smell anything and was surprised by the strong chemical smell. Worried he asked one of the workers what it was and had been warned not to touch it and that it would remove the skin from his hands if it come into contact with his skin. He later discovered that it was a paint stripper used to remove paint before re-spraying cars.
On another occasion he had approached his manager about one of the other workers smoking inside the front door as it was raining heavily outside. The manager had not been very sympathetic and told Mr. L. that he had to become one of the team so that he could learn the trade. Later the smoker threatened Mr. L as being a snitch after hearing about his complaint from the manager.
On the day of the incident witnesses said that Mr L jumped back in surprise away from an approaching vehicle and into the inspection chamber.
The approaching vehicle was a commercial van which was being positioned onto a neighbouring four post lift. The driver an experienced mechanic stated that on entering the garage he had sounded his warning horn and that at the time Mr L had had his back towards him and had not responded he thought possibly because of the noise of the compressed air hoses.
Risk assessment for tyre changing had been carried out and no additional risk assessments had been completed after the introduction of commercial vehicles as the tasks completed had not been changed a mixture of repairs and tyre changing.
An issue had been raised by a member of staff regarding the increased size of the vehicles and the position and lifting capacity of the four post lift expressing concern that the lift was not large enough and incorrectly positioned. The manager had in response checked the size and load capacity and had satisfied himself that vehicles weights would not exceed the capacity and that the test certificate was valid.
Site of Accident
Learning Outcomes
1. Evaluate and apply the principles of risk management in relation occupational safety and health.
2. Critically appraise the options to control the ill-health effects of exposure to chemical biological physical and psychological health hazards at work.
3. Reflect on the principles of ill health and accident causation methods of investigation requirements of accident and incident reporting and recording.
4. Integrate the key elements of safe systems of work into management systems and consider how application in various contexts can be audited.
5. Exhibit critical insight into the appropriateness of inspection auditing and sampling based on risk matrices.

 
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