SCENARIO

You are a full-time worker at a popular café in a town centre. A month ago, the café changed to
operating from 5 days to 7 days a week. The workforce consists of the owner of the café, a part-time
shift manager (SM), three full-time workers, and two part-time workers who work on busier days. The
SM is the first new hire in the last two years. The café is managed by the owner 5 days a week and the
part-time SM manages the café for the remaining two days.
The café is in an old, renovated narrow building on a busy, pedestrianised shopping street. It has a
service counter near to the entrance where orders are taken and drinks are made. Once a customer
places an order at the counter, they are given a numbered sign to place on their table. When the order
is ready, a worker will take it to the customer’s table.
There are two indoor seating areas. At the back of the first area, there is a step that leads up to the
second area. In the past, customers and new workers have often tripped over this step. You have
previously raised this with the owner, as you noticed an increase in the number of times it is
mentioned in the accident book. Luckily, there have never been any serious injuries. Following your
conversation, the owner has hung a ‘mind the step’ sign on the wall next to the step. In these seating
areas, the furniture is placed very close together. A corridor at the back of the café leads to a unisex
restroom and an emergency exit. There is a patio outside the front of the café where further seating is
available.
Since the new SM started working at the café, you and the other workers have noticed some changes.
It is obvious that the new SM has been keen to impress the owner. The SM insists that tasks must be
completed quickly, so that more customers can be served. One of the full-time workers raised
concerns with the SM about the increase in workload. The SM angrily told them that it was “good for
the business; that is what matters most”. None of the workers look forward to working on the days
that the SM is in charge.
On a day off work, the owner is catching up with some administrative tasks. While going through
some paperwork, they notice that the number of worker sick days has substantially increased in the
last month.
Faulty machine
Early in the week, the owner is on duty. The part-time worker on-shift notifies them that one of the
two commercial-sized coffee machines is not working. The owner inspects the coffee machine and
concludes that the pressure system (used to create steam) has a fault. They instruct the part-time
worker to stop using the faulty machine and the owner puts an ‘out of order’ sign on it. The owner
then contacts the coffee machine company and arranges for the repairs to be carried out. The owner
calls and leaves a voice message for the SM, informing them of the broken coffee machine. In their
message, the owner explains that a contractor will carry out repairs in two days’ time, and that the SM
must supervise the contractor while they are on site. The SM did not return the call.
On the day that the contractor is due to arrive, the SM, a full-time and a part-time worker, and you,
are on shift at the café. By midday it has started to rain heavily, so all the indoor seating is being used.
More customers continue to enter the café to shelter from the bad weather. As they enter, some
customers shake rainwater off their umbrellas and coats.
The SM is determined to keep a high turnover of customers. They find you in the second seating area
and tell you to bring in some outdoor tables and chairs for customers to use. You tell the SM you do
not think there is enough space to set up additional furniture. The SM points to various areas in the
current walkways and says “look, there’s plenty of space”. They even point out the large empty space
in front of the corridor at the back of the second seating area. They tell you to “get on with the job
before we lose any customers”. The SM then leaves, allowing you to complete the task. The other
workers are too busy serving customers to help.
You bring in three lightweight metal tables and set up two chairs at each table. You place them where
the SM has told you to and dry them, ready to be used. These tables are soon occupied by customers.
Contractor arrival
The contractor arrived while the SM was talking to you about moving the outdoor furniture inside.
The contractor informed a worker at the service counter that they were at the café to carry out repairs.
The worker was not expecting the contractor and did not know what they were there to work on. They
asked the contractor to wait while they spoke to the SM. When the worker found the SM, the SM told
the worker that they were too busy and that the worker was more than capable of supervising the
contractor. The worker returned to the counter and told the contractor that the SM was busy, but they
could start the work. The contractor said that they were happy to do this as they had repaired coffee
machines at this café before and know the layout of the café.
The accident
A worker is carrying a tray of hot drinks to a customer sitting in the second seating area. At the last
moment, they notice that they are about to bump into a customer sitting at one of the extra tables. As
they quickly turn to avoid the customer, they trip over the step leading to the second seating area and
fall to the floor. The hot drinks from the tray spill over the worker’s hand and arm.
As you are nearby, you are the first to respond to the scene. The injured worker appears to be in a lot
of pain, so you make sure that the SM is informed of the accident. The SM arrives on the scene and
does not know what to do and begins to panic. As the only worker available with first-aid training,
you carry out emergency first aid on the injured worker. Later, the injured worker is taken to hospital
where they are confirmed to have skin damage covering their hand and arm. They are instructed not to
return to work for 5 weeks to allow the scalds to heal.
You tell the SM where the accident book is kept, as the owner would usually complete this. The SM
tells you that they will complete it later. They focus on continuing to serve customers and forget to do
this. You call the owner and inform them of the accident. They ask how the injured worker is, thank
you for informing them, and tell you that they will organise an investigation into the accident.
Task 5: Employers’ responsibilities in the workplace
Employers have obligations under Recommendation 10 of International Labour Organisation R164 -
Occupational Safety and Health Recommendation,1981 (No. 164), and also under Article 16 C155 –
Occupational Safety and Health Convention, 1981 (No.155).
Which of these employer obligations are likely to have been contravened at the café? (15)
Note: You should support your answer, where applicable, using relevant information from the
scenario.

1)Provision of a safe working environment: The employer has the responsibility to provide
a safe and healthy working environment for employees.
However, several safety concerns are evident in the café. The presence of a step in the
seating area has caused trips and accidents in the past,
despite being brought to the owner's attention. The crowded arrangement of furniture
may also pose a safety hazard. These conditions suggest a failure to provide
a safe working environment.
2)Risk assessment and control measures: Employers are obligated to conduct risk
assessments and implement appropriate control measures to prevent
accidents and injuries. Despite the history of accidents related to the step in the seating
area, no adequate measures appear to have been taken to address the issue effectively.
The placement of a 'mind the step' sign, while a positive step, may not be sufficient to
mitigate the risks entirely. The lack of adequate control measures suggests a
contravention of employer obligations.
3) Adequate training and instruction: Employers are expected to provide proper training
and instruction to employees regarding workplace hazards, safe work practices, and
emergency procedures. In the café scenario, there are indications that new workers
received only basic job training and a short induction tour of the premises. Insufficient
training may contribute to increased risks, especially in operating machinery such as the
coffee machines. Failure to provide comprehensive training implies a violation of
employer obligations.
4)Supervision and management responsibility: Employers have a responsibility to ensure
adequate supervision and management of workplace safety. However, the shift manager
(SM) at the café appears to prioritize speed and customer turnover over worker well-
being and [Link] SM's insistence on completing tasks quickly, disregarding concerns
about increased workload, and pressuring workers to
set up additional furniture despite space constraints indicate a failure in fulfilling
supervisory and management responsibilities.

5)Accident reporting and investigation: Employers are required to promptly report and
investigate workplace accidents and take appropriate actions to prevent similar incidents
in the future. In the café scenario, the shift manager fails to complete the accident book,
disregarding the employer's responsibility to document and address accidents properly.
This negligence hinders the investigation process and contravenes the obligation to
report and investigate workplace accidents.

These points indicate potential contraventions of employer obligations under