Please highlight the reference for each questions from scenario below and highlight the answer of each question with a different color. Such as Green color for the answer of question 1and the Red color.

Note: you wrote this assignment but with out references. Please include the references of each question. Due 13 of July 2023 at 8:00 pm

SCENARIO

Garden Space is a large, independently-owned garden centre in a rural location, open to the public sevendays a week. It has three sections:

• the indoor section sellinghomeware, houseplants, and furniture;
• the outdoor section sellingplants, gardening equipment, and outdoor furniture;
• the warehouse, where incoming and outgoing stock from both sections are kept. Customer access to the warehouse is prohibited.

Each section has a team leader, full-time workers, part-time workers, and a manager who reports directly to the owner of Garden Space. Working hours are between 06:00 19:00, and the store is open to the public between 08:00 17:00.

Recently, the outdoor team leader (OTL) retired. Several outdoor workers applied for the role. A worker who has been employed for 12 months was successfully promoted to the OTL position.One of the outdoor workers (worker X) has been employed at Garden Space

for over 10 years. When thenew OTL was announced, worker X said to another worker that they have no respect for the OTL and would not be takinginstructions from someonewho was so new to the organisation.

At a recent bi-monthly all-worker meeting, the owner of Garden Space proudly informs everyone that the accident book shows there has not been a serious accident at the garden centre in over four years. However, they tell all workers to continue being mindfulregarding health and safety.

Especially now that it is almost summer, and outdoor plants are being watered more often. The owner then goes on to say please be careful and use slip warning signs where necessary. At the end of the meeting,the owner welcomes any further discussion and questions from workers.

Electric pallet truck training

Electric pallet trucks (EPTs) are used in the warehouse for moving heavy stock. The outdoor manager (OM) has recently had feedback from their own section workers, who say that it is hard work using manual pallet trucks to move heavy products. In response, the OM has purchased two EPTs for use in the outdoor section to replace the manual pallet trucks. There is a new designated EPT storage area outside, with clear signage saying, trained workers only.

The OM knows that some of the warehouse workers have experience of working with EPTs. They therefore ask the OTL to request that a warehouse worker trains some of the outdoor workers. They tell the OTL who will need to attend, and this includes worker X as well as the OTL themselves. The OM says that the training needs to be completed before the new summer plants are delivered.

The training session is organised for the following day. (3) The completed session includes training on the existing warehouse safe system of work (SSOW) for using EPTs, what to do in an emergency, and a practical demonstration by the trained warehouse worker.

Each new EPT-trained worker is also provided with the existing warehouse written procedure for EPT use, which includes the following instructions and information:

• Check the machine is in good order prior to use.
• Users to wear steel toe cap boots provided by employer.
• Importance of adhering to load limits.
• Plan and clear the route to be taken.
• Avoid slopes.
• Pull, do not push.
• How to stop the machine and apply brakes.
• Store safely.

The procedure was explained during the training, and the warehouse worker discussed with the outdoor workers how the procedure and SSOW could be adapted for outdoor use. The OTL also told the workers that, where possible, they should only use the EPTs during quieter working hours when there are fewer customers in the outdoor section.

The accident

Two weeks later, a delivery of large potted trees was due to arrive at 07:00.The delivery was delayed and arrived at 11:00. Once the delivery was processed by the warehouse, the OTL was notified that the new products were ready for the outdoor section to collect. As it was now peak operating hours at Garden Space, the OTL instructed three EPT trained workers to put the new products on display after 17:00.

After the OTL walked away, worker X sarcastically said to the other workers, that is a waste of time and we always put new trees out straight away. Worker X took one of the EPTs from the storage area and went straight to the warehouse to load up all the new products. They pushed the EPT from the warehouse to the outdoor section. The main pathway was obstructed by customers with trolleys. Frustrated, worker X decided to navigate the EPT down a narrower path between two long raised planter beds. As they came to the end of the planter beds, worker X did not see a customer walkingpast. The front wheels of the EPT ran over the customers foot, crushing it.The customer screamed, which panicked worker X, who forgot to apply the brake. The EPT continued moving forwards rolling over the customers foot again. The EPT then crashed into a wall at the end of the path.

The customers screaming alerted nearby workers who rushed to assist. The first-aider on duty carried out emergency first aid. When the OTL arrived at the scene, they called the emergency services and notified the OM, effectively following the emergency procedure. The first-aider stayed with the injured customeruntil they were taken in an ambulance to the nearby hospital.

When the OM arrived at the scene, they instructed workers to cordon off the site of the accident and for the OTL to take worker X (who appeared to be in shock) to the garden centre office. The OM noted that there was one customer who witnessed the accident. The OM asked if the witness could remain at the garden centre to give a witness statement. The OM also asked the customer if they could record their conversation, and the customer confirmed that they had no objection to this. The OM instructed workers to calmly direct the remaining customers out of the outdoor section, before closing it for the rest of the day.

After speaking to the witness, the OM talked to worker X in the garden centre office to calm them down. They asked worker X if they could record the interview and could worker X describe what happened. Worker X confirmed that they had no objection to the interview being recorded.

After sending worker X home, the OM returned to the scene of the accident. They recorded their observations on their mobile phone and took some photographs of the scene. The OM gathered the remaining outdoor workers to inform them what had happened, before sending them home for the rest of the day.

Worker X was unable to return to work for a week, as a result of the accident.

Task 1: The legal reasons for health and safety management

Answer:

The legal reasons for managing health and safety at Garden Space can be summarized as follows:

1) Legal Compliance:

Garden Space has a legal obligation to comply with health and safety legislation and regulations.

This includes national laws related to workplace safety, such as the Health and Safety at Work Act.

Compliance with these laws ensures that the workplace is safe for employees, customers, and any other individuals present on the premises.

2) Duty of Care:

Garden Space has a duty of care towards its employees, customers, and visitors.

This means they have a legal responsibility to take reasonable measures to ensure the health, safety, and well-being of everyone who enters the premises.

Failure to fulfill this duty of care can result in legal consequences, such as liability for accidents or injuries that occur due to negligence.

3) Employee Protection:

Managing health and safety at Garden Space is essential to protect the employees from work-related hazards and risks.

The law requires employers to provide a safe working environment, appropriate training, and necessary safety equipment.

By implementing health and safety measures, Garden Space can reduce the likelihood of work-related accidents, injuries, or illnesses among its workforces.

4) Customer Safety:

Garden Space is open to the public and ensuring the safety of customers is crucial.

By managing health and safety, the garden center can prevent accidents and injuries to customers, such as slip and fall incidents, collisions, or incidents involving machinery or equipment.

Failure to protect customers' safety can lead to legal claims and damage the reputation of the business.

5) Legal Penalties:

Non-compliance with health and safety regulations can result in legal penalties, fines, or prosecution.

Authorities responsible for enforcing health and safety laws may conduct inspections and investigations to ensure compliance.

If Garden Space fails to meet the legal requirements or neglects its duty to manage health and safety, it may face legal consequences.

6) Reputation and Business Continuity:

Effective health and safety management is crucial for maintaining a good reputation and ensuring business continuity.

A positive safety record and a commitment to the well-being of employees and customers can enhance the reputation of Garden Space.

On the other hand, accidents, injuries, or safety breaches can damage the business's image and lead to financial losses or even closure.

In summary, managing health and safety at Garden Space is legally required to comply with regulations, fulfill the duty of care towards employees and customers, protect employees and customers from hazards, avoid legal penalties, and maintain a positive reputation for the business.

Task 2: Health and safety management systems

Answer:

Part of a health and safety management system is having good leadership in place. In the scenario of Garden Space, there are several aspects that indicate positive leadership within the organization.

Firstly, the owner of Garden Space shows a commitment to health and safety by proudly informing everyone at the all-worker meeting that there has not been a serious accident at the garden center in over four years. This demonstrates the owner's emphasis on maintaining a safe working environment and their efforts in ensuring the well-being of the employees and customers.

Additionally, the owner's message to the workers to "continue being mindful regarding health and safety, especially now that it is almost summer" shows that they prioritize ongoing awareness and vigilance in preventing accidents. By highlighting the need to be careful and use slip warning signs, the owner reinforces the importance of proactive safety measures.

Task 3: Safe systemsof work and trainingfor use of equipment

Answer:

Furthermore, the decision of the outdoor manager (OM) to purchase electric pallet trucks (EPTs) for the outdoor section indicates a proactive approach to improving working conditions and reducing the physical strain on the workers. This decision shows that the leadership at Garden Space is responsive to feedback from employees and takes steps to address their concerns.

Regarding the training for the use of EPTs, the OM recognizes the need for training and assigns a warehouse worker to conduct the training session. This demonstrates a proactive approach to ensuring that workers have the necessary skills and knowledge to operate the equipment safely. The inclusion of worker X, who has been with Garden Space for over 10 years, in the training session shows that the leadership values the development of all employees, regardless of their tenure.

Explanation:

Overall, the positive leadership at Garden Space is evident through the owner's commitment to health and safety, the proactive measures taken to improve working conditions, and the provision of training for the use of equipment. These actions demonstrate a strong emphasis on safety and a commitment to the well-being of employees, which are key aspects of effective leadership in a health and safety management system.

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