NEBOSH Assessment 2

An Environmental Health Officer (EHO) visited a leading retail organisation and noticed two large
areas of wet flooring adjacent to some chiller cabinets. An attempt to mark the extent of the areas
and exclude people had been made using yellow cones, wire hand baskets and produce trays.
These measures were unsuccessful as people were walking through the water. The EHO decided
that a formal approach was necessary and returned later that afternoon to investigate further.
On arrival it was clear that the situation had not improved and it was established that the chiller
cabinet condensate drain had been leaking onto the floor all morning. Advice was given to the
manager about practical measures to keep the floor dry ie station a cleaner in the area at all times
until the leak is repaired and use absorbent materials such as piles of hand towels or purpose
made absorbent sausages to soak up/contain the water. By the time the officer left the store the
floor was dry and the situation was being effectively managed.
The company had a spillage procedure and this clearly set out the ways in which the manager
should have managed the leak and the wet floor.

Task 1:
a) Comment on what action can be taken by the EHO in the retail shop. (5 marks)
b) Comment on the extent to which Article 19 of C155 and recommendation 16 of R164 may
have been contravened (10 marks)
Note: You should support your answer, where applicable, using relevant information from the
scenario

Task 1 (A)
The Environmental Health Officer (EHO) has several options for action in response to the situation
observed in the retail shop:

1.Issue a formal warning or notice: The EHO can issue a formal warning or notice to the retail
organization, requiring them to take immediate action to rectify the situation. This could include addressing
the leak from the chiller cabinet condensate drain, implementing effective measures to keep the floor dry,
and ensuring compliance with relevant health and safety regulations.
2.Provide advice and guidance: As seen in the scenario, the EHO provided advice to the manager about
practical measures to keep the floor dry, such as stationing a cleaner in the area and using absorbent
materials. Continuing to offer guidance and support to the retail organization can help them understand
their responsibilities and take appropriate action to address the issue.
3.Conduct follow-up inspections: The EHO can conduct follow-up inspections to ensure that the retail
organization has taken the necessary steps to rectify the problem and prevent similar issues from occurring
in the future. This helps to ensure ongoing compliance with health and safety regulations and promotes a
safe environment for both employees and customers.
4.Enforce legal action: If the retail organization fails to address the issue or comply with regulatory
requirements, the EHO may escalate the matter and take legal action. This could involve issuing fines,
prosecuting the organization, or imposing other enforcement measures as deemed necessary to protect
public health and safety.
5.Provide education and training: The EHO can offer education and training sessions for staff members
at the retail organization to raise awareness about health and safety risks, proper procedures for managing
spills and leaks, and the importance of maintaining a safe working environment. This can help prevent
similar incidents from occurring in the future and promote a culture of safety within the organization.

Task 1 (B)
i. Article 19 of the International Labour Organization's Convention concerning Occupational Safety and
Health and the Working Environment (C155) emphasizes the importance of preventing accidents and injury
to health arising from hazards in the workplace. Some of the points to prevent the accidents as given below
:-
1. Identification of hazard: The presence of wet flooring adjacent to the chiller cabinets posed a clear
hazard, as it increased the risk of slips, trips, and falls for both employees and customers. Article 19
emphasizes the need to identify and minimize such hazards to ensure workplace safety.

2. Ineffective hazard control: Despite attempts to mark the extent of the wet areas and exclude people
using cones, wire baskets, and produce trays, these measures were unsuccessful. This failure to effectively
control the hazard contravenes the principles outlined in Article 19, as it allowed the risk of accidents to
persist.

3. Failure to address root cause: The ongoing leak from the chiller cabinet condensate drain indicates a
failure to address the root cause of the hazard, as outlined in Article 19. Proper hazard control involves not
only managing the immediate effects but also addressing the underlying issues to prevent future incidents.

4. Recommendation for corrective action: The Environmental Health Officer (EHO) provided advice to
the manager on practical measures to keep the floor dry, including stationing a cleaner in the area and
using absorbent materials. This aligns with the spirit of Article 19, which emphasizes taking measures to
prevent accidents and injury to health.

5. Verification of resolution: By the time the EHO left the store, the floor was dry, and the situation was
being effectively managed. This demonstrates compliance with Article 19, as the hazard was addressed,
and measures were implemented to prevent further accidents and ensure the safety of individuals in the
workplace.

ii. Recommendation 16 of the International Labour Organization's Recommendation concerning

Occupational Safety and Health and the Working Environment (R164)

1.Failure to Maintain Floors: The ongoing leak from the chiller cabinet condensate drain indicates a failure
to maintain the floor in a good state of repair, as it was continuously wet due to the leak.

2. Ineffective Hazard Control: The retail organization's attempt to mark the wet areas with cones, wire
hand baskets, and produce trays was unsuccessful in preventing people from walking through the water,
indicating ineffective hazard control measures.

3. Lack of Timely Response: Despite having a spillage procedure in place, there was a lack of timely
response to address the wet flooring adjacent to the chiller cabinets. The situation persisted until the
Environmental Health Officer intervened and provided advice to the manager.

4. Failure to Implement Established Procedures: The retail organization failed to effectively implement
the procedures outlined in their spillage procedure to manage the leak and the wet floor. This indicates a
contravention of Recommendation 16 of R164, which emphasizes the importance of following established
protocols for maintaining a safe and clean working environment.
.5.Risk to Health and Safety: The presence of wet flooring poses a risk of slips, trips, and falls, as well as
potential health hazards due to unsanitary conditions. The failure to effectively manage the wet floor not
only contravenes Recommendation 16 of R164 but also jeopardizes the health and safety of employees
and customers in the retail environment.

Sources used for Information :-NEBOSH IGC1 Text Book

Occupational Safety and Health Recommendation, 1981 (No. 164)
Convention C155 - Occupational Safety and Health Convention, 1981 (No. 155)