SCENARIO

Feathers and Wings $($F&W$)$ is a tropical bird centre located in the small village of Driford. F&W has $18$ species of birds kept in purpose$-$built aviaries $($bird houses$).$ Each aviary has an indoor and outdoor area. There are also nesting boxes in the trees surrounding the centre, which the native bird species use.

F&W has had financial difficulties for the last $18$ months, which has forced the owner to sell the centre to Animal World. This will not affect the jobs of the current workers, or the previous owner who has kept their position as the managing director $($MD$).$ However, when on site, the MD spends most of their time in the office on the telephone. It is hoped that the sale will lead to investment in the centre and increase the number of visitors each year. As part of this sale, a health and safety consultant $($HSC$)$ will soon be auditing F&Ws current health and safety arrangements.

Other than the aviaries, the site has a small office and a small rest area. Next to the rest area, there is a food preparation area, where the food for the birds is prepared. Outside is a shipping container, containing all the equipment for cleaning out the aviaries and maintaining the centre. The equipment includes brushes, spades, buckets, hammers, screwdrivers and ladders. An old training matrix is attached to one of the shipping container doors. There is also a large open$-$topped waste container for general waste, located next to the shipping container. At the entrance to the centre is a small entrance booth where payment is taken from visitors.

Recently, four school leavers under the age of $18$ years have joined the centre as part$-$time bird keepers. In addition, there are $6$ full$-$time bird keepers. Worker A has been working at the centre the longest and considers themselves to be more superior to the rest of the workers. Worker A thinks that the younger workers are lazy and frequently orders them around. The younger workers have tried to talk to the MD about worker As attitude, but whenever they do$,$ the MD always tells them to come and talk to them when they are not as busy.

As part of the recent sale of F&W$,$ Animal World has agreed to a new, larger, owl aviary to be built. The MD has allocated an area for this at the far end of the centre. Before building the new owl aviary, the area needs to be cleared of undergrowth. In addition, $5$ nesting boxes, attached to trees in this area, need to be relocated. To keep the costs down, the MD has agreed with Animal World that the F&W bird keepers will do all of this work.

HSC visit

The next morning, the HSC from Animal World is due at the centre at $10$:$30.$ Workers B and C have started to clear the undergrowth and are placing this in the open$-$topped waste container. The MD is in the office collating the health and safety information for the HSC$.$ As workers arrive, they sign in on the clipboard just inside the office.

When the HSC arrives, they cannot find any workers. The worker manning the entrance booth had decided to go and make a hot drink as there have only been $4$ visitors so far today. After wandering around for ten minutes, the HSC eventually finds the MD in the office. After an initial discussion, the HSC asks about the health and safety arrangements that the centre has in place. The MD hands the HSC a thin folder. The HSC has a quick look in the folder and sees a health and safety policy statement, and a generic risk assessment for working at the centre. Both are dated $2018.$ The HSC asks if the policy statement is displayed anywhere and to see any accident records. The MD replies that the policy is not displayed anywhere and that they have not had any accidents. The HSC suspects that this is not the case, but asks if they can talk to the workers.

Relocation of nesting boxes

Workers B and C have cleared enough undergrowth to access some of the trees that have nesting boxes attached to them. Worker B tells worker C that they are going to start removing the nesting boxes, and they go to collect a ladder from the shipping container.

When worker B gets to the shipping container, the HSC is looking at the training matrix on the door. Worker B points out to the HSC that the training matrix is out$-$of$-$date so they should not waste their time reviewing it$.$ The HSC then asks worker B about the training and if it is correct that the last training was carried out three years ago. Worker B confirms this. The HSC asks if there is any reason why there has not been any training more recently. Worker B replies that the MD believes that once a worker has been trained, they do not need training again. Worker B continues that the MD also considers that the money is better spent elsewhere, especially as we do not have any accidents. Worker B adds that they do not think any of those workers listed in the training matrix still work here, not many people stay for long. Then worker B goes into the shipping container. There are two ladders available, one is shorter than the other. Worker B thinks that the shorter of the two ladders would require them to stretch their arms out fully to reach the fixings on the nesting boxes. Worker B decides to pick up the longer ladder and goes back to their task.

As worker B extends the ladder and positions it against the tree, the mechanism that locks the sliding portion of the ladder fails, and the ladder slides shut making a loud noise. Worker B assumes that they have not secured the ladder properly, so they extend it again and lean it against the tree. As worker B is now confident that the ladder is secure$,$ they go to collect a screwdriver and a drill. When they return $5$ minutes later, the ladder has slid shut again and is lying on the floor. Worker C tells worker B that it came down with a loud noise and made them jump. Worker B explains that the locking mechanism must be faulty, so they pick up the ladder and take it to put inside the opentopped waste container. The waste container is nearly full, so worker B leans the ladder up against the open$-$topped waste container and returns to the shipping container. Here, they collect the shorter ladder, although they are unsure if it will be suitable for the job.

At the end of the day, workers B and C have cleared three$-$quarters of the area but have only relocated one of the nesting boxes. After returning all the equipment to the shipping container they collect their personal items, sign out and leave for the day.

An hour and a half later, the MD finishes in the office and starts their daily walk around the centre to check that everything has been secured for the night. All of the other workers have left for the day. When the MD has completed their checks, they return to the office. As they walk past the opentopped waste container, they notice the ladder leaning against it$.$ They assume it has been left out, so they return it to the shipping container and lock the doors. They leave once they are happy that everything is secured.

The following morning, worker C is busy cleaning out an aviary. Worker B telephoned the office to say that they were feeling ill and would not be attending work today. The MD is keen to get the area for the new owl aviary cleared as soon as possible, even though construction is not expected to start for another month. There are not enough workers available to allocate two workers to this task. The MD asks worker A if they can continue with the work started by workers B and C$.$ Worker A is happy to do this. They comment that they do not know what has taken workers B and C so long and that they will be able to get it all finished by the end of the day. The MD is pleased to hear this and returns to the office.

The accident

Worker A decides that they will start by relocating the nesting boxes. They go to collect the equipment that they need, including the longer ladder. At the first tree, they extend the ladder, lean it against the tree, and immediately start to climb it$.$ Worker A gets halfway up the extended portion of the ladder when the locking mechanism fails. The extended portion slides downwards, and worker A falls from a height of $2-$metres onto the ground and is knocked unconscious.

Worker D has finished their task and searches for the MD to see what they want them to do next. The MD is in the office, as usual, with the door shut. Worker D decides that they will not disturb them as they have been known to get angry if they consider the interruption is not important. Instead, worker D decides to help other workers, remembering that worker A is working on the new owl aviary. Worker D goes to see how they are progressing, but as they get nearer, they hear moaning noises. Alarmed, worker D runs to locate the source of the noise. They find worker A on the floor, with blood on their head. They look around and see the ladder lying on the ground nearby. Worker D is traumatised by the sight of worker A and immediately runs back to the office to get help.

Worker D swings open the office door, shouting that worker A is hurt and that someone needs to call an ambulance. Worker D starts looking for something. The MD$,$ a little shocked by worker D$\text{'}$s sudden arrival, asks what they are doing. Worker D says they are looking for the first$-$aid kit. It is not in here!, the MD shouts, look in the rest area!. In the rest area, worker C is having a break when worker D runs in$.$ They detect some urgency in worker Ds behaviour. What has happened? worker C asks. Worker D explains, as they finally open a cupboard that contains the first$-$aid kit. They then run back to the accident scene. Worker C follows them.

When they arrive, worker C screams at the sight of the blood. Worker D explains what they think has happened. Worker C realises that the faulty ladder has been used. Worker D stays with worker A until the ambulance arrives. Worker C wants to find out how long the ambulance will be$,$ so they return to the office.

In the office, the MD is speaking to the emergency services on the telephone. Worker C is obviously upset, but manages to explain that they think worker A has fallen. The MD relays this information to the emergency services. When the MD finishes the call, they ask worker C what happened. Worker C explains about the ladder and how they thought that worker B had put it in the open$-$topped waste container. They cannot understand why, or how, worker A was using it$.$ The MD realises what has happened but says nothing to worker C$.$ The ambulance sirens can be heard in the distance, so worker C goes to direct the ambulance. As soon as worker C leaves the office the MD calls worker B$.$ There is no answer, so the MD leaves an angry message telling them they need to speak to them when they are back at work.

The ambulance workers arrive at the accident scene and after their initial assessment, worker A is lifted onto a stretcher and loaded into the ambulance. They are then taken to hospital for further assessment and treatment.

Task $1$: Demonstrating management commitment

$1$ How does the Managing Director demonstrate poor management commitment

to health and safety? $(16)$

Note: You should support your answer, where applicable, using relevant information from the scenario.