Task 1

The university management

The University recognizes that all members of management and employees can
potentially be prosecuted for failing in their health and safety responsibilities and that
this can lead to fines as well as damage to the Universitys reputation. The line of
responsibility for health, safety and welfare of employees is through immediate
supervision and line management.
Supervisors and line managers should liaise closely with each other to ensure all duties
have been clearly assigned.
The general responsibilities arising from the Health and Safety at Work etc. Act 1974,
the Management of Health and Safety at Work Regulations 1999 and other relevant
statutory provisions are acknowledged and outlined to everyone in:
The university students
The university employees
Contractors and self employed people coming contact with the university
They are responsible for ensuring the effective management of health and safety in the
University and for requiring such information and regular reporting as would put it in a
position to effect this responsibility. They also ensure the provision of sufficient
resources in order that the University meets its statutory requirements. They make
sure the health, safety and welfare of all persons under their control. They ensure that
all new members of staff are inducted into the necessary systems and procedures
under Health and Safety. They ensure that investigations into all accidents in the areas
under their control are carried out competently. They ensure that all members of staff
under their control are made fully aware of any statutory regulations, codes of practice
etc to which they must conform. They ensure that all equipment purchased under their
authority complies with the relevant regulations and standards. They also ensure that
risk assessments are carried out and regularly reviewed. They ensure that adequate
consultation with Safety representatives takes place. They ensure that all local
emergency procedures within their areas of control that comply with University
procedures.
Reference
http://www.bournemouth.ac.uk/.../health_and_safety_at_..

The university students

While Students are not employees and so have no statutory duties under the Health
and Safety at Work etc. Act 1974, everyone has a responsibility to exercise a Common
Law Duty of Care.
In addition to this Students are under a contract with the University for the provision of
services and this is concomitant on following the University Rules. These are available
from individual Schools and via the Registry Department.
Students must therefore:
Act in a reasonable manner so as to avoid causing harm to others;
Consider safety in all of their activities and not recklessly endanger any other
students or members of staff or the public.
Cooperate with all of the Universitys employees and contractors and follow
instructions given of a health and safety nature.

 Inform a member of staff (e.g. Course Lecturer, Tutor, Supervisor) if they become
aware of any hazard, or any hazardous situation that they have not been trained to
deal with, so that appropriate action can be taken.
All students are required to conform to all rules and regulations in force to comply
with this policy and associated policies and codes of practice. They are specifically
responsible on a day to day basis for the safe operation of these premises and
equipment and for ensuring that health and safety is not compromised in any way by
the specific manner of their operation or the ways in which they conduct their activities
in general.
Reference
http://www.bournemouth.ac.uk/.../health_and_safety_at_..

The university employees

Every employee has health and safety responsibilities in Statutory and Civil law as well
as under their contract of work.
It is the legal duty of all employees to co-operate in implementing this policy by: Acting with due care for the health, safety and welfare of themselves and others.
Cooperating with the Universitys Managers by complying with instructions and
procedures for safe working and the safety of the public.
Using everything provided for their use in accordance with any training or
instructions given. Each employee whilst at work shall make full and proper use of
any safe system of work provided for use in compliance with these regulations.
Not intentionally or recklessly interfering with or misusing anything provided in the
interests of health, safety or welfare.
Making proper use of protective clothing and safety equipment provided (in
accordance with any training or instruction provided by the University), reporting
any loss or obvious defect in that equipment and taking reasonable care of it.
Informing their manager(s) of any shortcomings in respect of the protection
arrangements for health and safety and about anything that could be considered as
representing a serious or immediate danger to health and safety.
Reporting to their supervisors any defects in equipment, structures or safety
procedures which they are aware of and incidents which have led or might have led
to injury or damage.
Co-operating with any investigation which may be undertaken with the object of
preventing accident or recurrence.
Making sure that an appropriate and accurate record is made on the Universitys
Accident/Incident Report Form following an accident or near-miss which has (or
could have) led to injury or ill-health
They are also responsible for the health and safety of any staff whom it employs, for its
officers and for those who use its premises and take part in its functions or activities.
They are also expected to co-operate fully in ensuring that the Universitys Health and
Safety Policy is observed. Likewise, staffs are required to co-operate fully in ensuring
that the University's Health and Safety Policy is observed. They also have a
responsibility to themselves, the university and their colleagues, to report any breach,
or concern with regard to any Health and Safety issues or activities associated with the
university. They are required to be fully aware with the Universitys emergency
procedures and to act in strict accordance with them. All staff should observe safe

standards of behaviour, and protective clothing as required. All staff should use the
apparatus, equipment and protective clothing provided for their health and safety.
Reference
http://www.bournemouth.ac.uk/.../health_and_safety_at_..

Contractors and self employed people coming contact with the university
All contactors and self employed people will be informed of the basic safety controls
within the University as contained in the safety policy and be required to conform to all
rules and regulations in force to comply with this policy and associated policies and
codes of practice. Similarly to the staffs, they should also co-operate in ensuring that
the Universitys Health and Safety Policy is observed. They are also responsible for
themselves.
http://www.bolton.ac.uk/AboutUs/Resources/HealthAndSafetyPolicy.pdf

Task2
a.Explain at least four key features of the health and safety ACT 1974 that the
shipping companies involved in Simon Jones case, are accused of neglecting
while he was working for them.
-HASAWA Section 2 (2) (a): the provision and maintenance of plant and systems of
work that are, so far as is reasonably practicable, safe and without risks to health. The
shipping companies didnt care whether the machine that theyre going to use will be
risky to the employees in the workplace.
-HASAWA Section 2 (2) (b): Arrangements for ensuring, so far as is reasonably
practicable, safety and absence of risks to health in connection with the use, handling,
storage and transport of articles and substances The shipping companies failed to
instruct him correctly in attaching the bags of stones to chains hanging from the
underside of the clam-shaped grab. All machinery is suitable and fit for purpose. Work
equipment is maintained and is inspected on a regular basis.
-HASAWA Section 2 (2) (c): The provision of such information, instruction, training and
supervision as is necessary to ensure, so far as is reasonably practicable, the health and
safety at work of his employees
The shipping companies didnt give enough safety training that requires by law and
they didnt supervise their employee knowing that it is his first time to take up that job.
Regulation(3) requires that employers catty out suitable and sufficientrisk
assessments for all activities. Work equipment is inspected on a regular basis.
-HASAWA Section 2 (2) (e): the provision and maintenance of a working environment
for his employees that is, so far as is reasonably practicable, safe, without risks to
health, and adequate as regards facilities and arrangements for their welfare at work.
The shipping companies place him in a restricted area where its been instructed that
no one should be in the grab's area of operation during its use. Regulation(4)requires
that employers integrate health and safety into the management system of the
engineering companies. This ensures that employees are protected by precautionary
measures that are properly planned and organized. Training and instruction is given to
anyone who needs to use the equipment.

b.Researching the internet about the Simon Jones case (but please cite all
sources of information in your assignment), explain the consequences of
management of the shipping companies (including the employment agency
that referred Mr. Jones to the shipping companies) not abiding by
legislation and regulation and regulations and not carrying out their roles
and responsibilities leading to the death of this young student.
Simon Jones was killed on his first day of work when he was sent as a casual worker to
Euromin. After just a few minutes training he was unloading cargo inside the hull of a
ship. Within a few hours he was dead after having his head almost severed by the grab
of a crane thanks to a cost cutting exercise by the boss.
Richard James Martell, general manager of Dutch-owned Euromin, based at Shoreham,
was found not guilty of manslaughter and his company found not guilty of corporate
manslaughter, over the death of Simon Jones in 1998. Instead they were given a
50,000 fine with 20,000 costs for breaking health and safety regulations. Euromin
broke the HSW Act s.33 (1a) which is breaching of HSW Act s. 2
On Tuesday, 1st September 1998, some people have climbed the 80 foot floodlights and
unfurled banners which say 'Simon Jones RIP' and 'Casualisation Kills'.
On the ground thirty people who have gathered at the docks to commemorate the death
of their friend place a wreath. A banner reading "murderers" hangs from the dock gates,
which have also been d-locked to stop trucks going in and out. Leaflets explaining what
is happening are handed to mainly sympathetic workers. Simon would have been
celebrating his 25th birthday today. Eventually the company is forced to close the
docks down for the day. Workers are sent home on full pay, probably the first time
Euromin have coughed up holiday pay.
On Thursday, 3rd September 1998, people occupy the offices of Personnel Selection, the
temp agency that sent Simon to the docks when he was clearly unsuitable to do such a
skilled job. The "murderers" banner is hung from the window, while outside his friends
leaflet passers-by. The leaflet asks "Why should agencies such as Personnel Selection take
half your wages when you're doing the work?"
Eventually Personnel Selection are also forced to shut down for the day, again sending
the workers home on full pay with a notice in the window saying this is out of respect
for Simon.
Reference
http://www.simonjones.org.uk/