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NEBOSH Block 1 > Block 1 > Flashcards

Block 1 Flashcards

1
Q

define the term health ?

A

the absence of disease or illness health for example asbestos .health relates to not only physical health but also psychological health

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2
Q

define the term safety?

A

the absence of risk of serious personal injury .

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3
Q

define the term welfare ?

A

access to basic facilities such as toilets hand washing stations changing rooms ,, restrooms and places where food can be prepared and eaten in hygienic conditions , welfare also includes drinking water and basic first aid provisions .

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4
Q

3 reasons to take health and safety seriously are?

A

legal , Moral , and financial

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5
Q

list some direct costs as a result of an accident in the workplace ?

A

First aid treatment ,
sick pay ,
repairs 2 or replacement of damaged equipment and buildings ,
loss or damage products ,
lost production time dealing with the injury and investigation .

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6
Q

list some of the indirect costs associated with an accident in the workplace ?

A

reduction in staff morale
general difficulties in recruiting and retaining staff
loss of goodwill of customers following delays in production
activation of penalty clauses for failing to meet delivery dates
damage to public image and business reputation
damage to industrial relations perhaps leading to industrial action

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7
Q

What costs associated we have an accident or injury in the workplace can be insured against ?

A

public liability costs i.e compensation costs

lots of buildings who damage machinery

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8
Q

3 things that cannot be insured against are?

A

Court costs
Fine’s
loss of business due to poor reputation ( no way of calculating this ) i.e. Alton Towers .

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9
Q

What are the 3 requirements needed for negligence to be proved :

A

a duty of care had to be owned by the defendant to the claimant
that duty must have been breached : and
I foreseeable loss must have occurred as a direct result

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10
Q

what does vicarious liability mean ?

A

means that the employer can be held liable for the negligent acts of their employees .

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11
Q

What are the requirements of a criminal law case?

A

action must be brought by the state
the intention is punishment
there is usually no time limit in which legal proceedings have to start
insurance is not available to paying the fine
statue law is used as the main source of law
the burden of proof is normally on the prosecution to prove guilt beyond reasonable doubt .

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12
Q

what are the requirements for civil law case ?

A

action is brought by individual
the intention is compensation
legal proceedings have to start within three years of the date of injury , when the injury was known .
insurance is available to pay compensation
common law is used as the main source of law
the burden of proof is on the claimant to prove their case on balance of probability .

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13
Q

What is the main type of statute law ?

A

Act’s ; the most important piece of statue law relating to health and safety is of course the health and safety it worked at this is a primary piece of statue law . over acts also impact the health and safety such as corporate manslaughter and corporate homicide act 2007.

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14
Q

Define regulations ?

A

health and Safety at Work at is an enabling act , meaning that it allows for the creation of health and safety regulations such as the management of health and Safety at Work regulations 99. these regulations are often referred two as delegate or secondary legislation . there are dozens of sets of regulations under the health and Safety at Work act .

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15
Q

define approved code of practise ?

A

prove code of practise often accompany regulations. they explain how to achieve legal standards outlined in the regulations that they accompany and give clear indication of what is expected . they do not have full legal status as facts or regulations do , instead they have special legal status . failure to comply with Anne approved code of practise can be used as evidence of failure to achieve legal standards . if an A cop has not been complied with then it must be shown that alternative methods were used that achieve at least the same standard as acop, and failure to do this means an offence could have been made .

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16
Q

define guidance ?

A

official guidance often accompanies regulations . gardens has no legal status but is useful in interpreting legal standards . garden sets out best practised an is often published by the HSE in form of gardens notes .

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17
Q

relevance of statute law ?

A

the health and Safety at Work act and regulations made under the act or frequently used in bringing prosecutions in the criminal courts . however the health and Safety at Work act and regulations made under the act are not normally used in bringing a claim for compensation in a civil court .

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18
Q

what are the duties of the employer under the health and Safety at Work act ?

A

provide a safe place of work with safe access to and from it
provide safe plant and equipment
a safe system of work for doing the work
safe and competent workers
appropriate supervision ,information , instruction ,I’m training .

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19
Q

Relevance of common law ?

A

common law is routinely used in civil courts when bringing a claim of compensation .however it is not used when bringing prosecutions against employers for health and safety failings . in rare cases a prosecution may be brought against an individual on the basis of manslaughter by gross negligence this is a common law offence .

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20
Q

Who are the enforcement authorities ?

A 
HSE 
local authority ( environmental health officers  )
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21
Q

what are the HSE is role ?

A

enforcing of the health and Safety at Work act and associated law
reviewing existing legislation and making recommendations for changes
providing information and guidance
conducting research .

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22
Q

what are the powers of inspectors under the health and Safety at Work act ? section 20 ?

A

To enter a premise at any reasonable time
to take along a police officer if they believe they are going to be obstructed
to take along technical assistance or equipment if necessary
to carry out necessary examinations and investigations
to direct that premise or items within the premise are left undisturbed
to take photographs drawings and measurements
to take samples of articles or substances and of the atmosphere
dismantle or test any item or substance which they think is dangerous
take possession of an article substance for examination or test or as evidence in proceedings
tape statements from any persons who might be able to help in their investigations
to inspect and copy any documents or record considered relevant
to receive access to reasonable facilities and assistance in conducting their investigation
any other powers necessary to fulfil their duty of their enforcement authority

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23
Q

what are the types of enforcement notices ?

A

improvement notice

prohibition notice

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24
Q

improvement notice requirements ?

A

this is where inspector thinks health and safety law is being breached or a breach has occurred and is likely to be repeated .
it will be issued if the inspector does not think there is a risk of serious personal injury
the improvement notice will state the improvements must be completed to achieve the minimum legal standards and will impose a time scale the inspector thinks appropriate .
the time scale for improvements cannot be fewer than 21 days
the inspectors may state specific action needed to achieve legal legal compliance and make reference to any relevant acop or guidance
the improvement notice is served on the person in charge of the workplace or activity that is in breach this is normally the employer .
any appeal against a notice must be made within 21 days . add appeal freezes the notice.

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25
Q

improvement Notice requirement ?

A

• Breach of law (in inspector’s opinion). •
Not high risk
. • States improvement to be made and timescale.
• Refers to specific law

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26
Q

Appeal requirements of a improvement notice ?

A

• Appeal within 21 days: ‐ Employment Tribunal. ‐ Notice suspended for the time of the appeal.

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27
Q

Prohibition Notice requirements ?

A
  • High-risk situation: ‒ “Serious risk of personal injury”. • Stops the high-risk activity.
  • No breach of law required
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28
Q

Appeal Requirements of prohibition notice

A

• Appeal within 21 days: ‒ Employment Tribunal. ‒ Notice remains in force for the time of the appeal.

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29
Q

A material breach is when, in the opinion of the HSE inspector, there is or has been a contravention of health and safety law that requires them to issue either:

A

a notification of contravention (not an enforcement notice); • an improvement or prohibition notice; or • a prosecution

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30
Q

Written notification ( FFI) must include the following:

A

The law that the inspector’s opinion relates to; • The reasons for their opinion; and • Notification that a fee is payable to HSE.
FFI ONLY applies where HSE is the enforcing authority

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31
Q

Fee For Intervention (FFI)

A

Billed on a standard rate: ‐ Currently £154 per hour.

  • Billed for the entire duration of any site visit: ‐ Not just from the point a material breach was identified.
  • Invoices are payable within 30 days to the HSE
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32
Q

what are Summary Offence?

A

Minor offences, e.g. speeding offence. ‐ Heard only in Magistrates’ Court.

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33
Q

explain a Indictable Offence?

A

Serious offences, e.g. murder or manslaughter. ‐ Heard only in Crown Court.

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34
Q

explain Triable Either Way

A

‐ Magistrates’ or Crown Court. ‐

Determined by prosecution or defence. ‐

Most H&S offences fit in this category

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35
Q

Max Magistrates’ Court penalties ?

A

unlimited fine, and/or ‐

six months in prison

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36
Q

penalties Crown Court ?

A

unlimited fine, and/or ‐

two years in prison

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37
Q

possible Defences in court?

A

‐ S40 HSWA. ‐

Reverses burden of proof. ‐

Accused must demonstrate their innocence

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38
Q

Manslaughter requirements for Individuals ?

A

‐ Failing of an individual is ‘grossly negligent’ and results in someone’s death. ‐

Crime is ‘gross negligence manslaughter’

39
Q

• Organisations manslaughter ?

A

‐ Company failings result in someone’s death. ‐ Corporate manslaughter

40
Q

Corporate Manslaughter and Corporate Homicide Act definition ?

A

An organisation will be guilty of corporate manslaughter if the way the organisation was managed or organised:
• Caused a person’s death.
• Amounts to a gross breach of their duty of care.
• If the way in which the organisation is managed or organised by its senior management is a substantial element in the gross breach.

41
Q

what is A tort is a civil wrong?

A
  • The remedy for a tort is action through the civil courts.
  • In health and safety management, the tort of interest is tort of negligence.
  • Negligence can be defined as failure to take reasonable care when a duty of care existed
42
Q

under tort of negligence , To demonstrate negligence, a claimant must show?

A
  • A duty of care was owed to them by the defendant: ‐ Based on the ‘neighbour principle’.
  • This duty of care was breached by the defendant: ‐ They failed to do what a reasonable person would have done.
  • Harm or loss has occurred as a direct result: ‐ Breach led directly to the loss.
43
Q

some Defences Against Tort of Negligence?

A
  • No duty of care owed.
  • Duty of care not breached.
  • No injury or loss as a direct result of the breach.
  • Volenti non fit injuria.
  • Contributory negligence.
  • The facts of the case are disputed, e.g. the event didn’t happen.
  • The Social Action, Responsibility and Heroism Act 2015 (SARAH
44
Q

Vicarious Liability . If an employee is negligent, an injured person can claim compensation from the employer where the employee?

A
  • is acting in the course of his employment, and

* is negligent.

45
Q

Section 47 of HSWA states the Act and Regulations made under the Act are ‘statute barred’. One exception to this is for?

A

new and expectant mothers - where a new or expectant mother suffers harms as a result of her employers’ failure to: • carry out a risk assessment, and/or • make suitable arrangements to protect her health and safety (as required by Regulations 16 and 17 of MHSWR), then she has the right to sue her employer for that harm using tort of breach of statutory duty.

46
Q

Compensation award: The amount is determined by the court and is intended to restore the individual back to their previous position before harm was done to them. Made of two components:

A
  1. General damages:

• Pain and suffering, loss of amenity, loss of future earnings. Amounts are for the court to quantify.

  1. Special damages:

• Expenses, loss of earnings up to the trial date, travel expenses to hospital, etc. Amounts to be quantified and proven by claimant

47
Q 
Section 2(1):
 HSAWA?
A

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

48
Q

Reasonably Practicable

is the balance of whAT?

A

Risk and cost ( trouble, time and money)

49
Q

describe Shall – an ‘absolute duty’ ?

A
  • The requirement must be met.

* No acceptable excuse for not doing so

50
Q

describe Practicable?

A

• Must be complied with to the extent it is possible in the light of: ‐ Current knowledge. ‐ Invention.

51
Q

Section 2(2): The employer’s specific duties to their employees are to provide, so far as is reasonably practicable:

A

(a) Safe plant and systems of work.
(b) Safe use, handling, storage and transport of articles and substances.
(c) Information, instruction, training and supervision.
(d) A safe workplace and safe access and egress.
(e) A safe working environment and welfare arrangements

52
Q

Sections 2(3)-2(7) uder HSAWA requires employers to:

A

s2(3) Prepare a written health and safety policy (where he has five or more employees).
s2(4) Appoint Trade Union safety representatives.
s2(6) Consult with Trade Union safety representatives. s2(7) Establish a health and safety committee.

53
Q

Section 3 Employer’s duty to ensure that non-employees are not exposed to risks to their health and safety, so far as is reasonably practicable. what groups does this cover?

A

• Visitors. • Contractors. • Cleaners. • Security staff. • Nearby residents and businesses. • The general public.

54
Q

Section 3 ( HSAWA) also places the same duty on the self-employed:

A
  • Carry out their work so that they do not create risk to themselves or others.
  • The Deregulation Act 2015 exempts some self-employed people from Section 3 of HSWA.
  • ‘Prescribed activities’ such as construction and agriculture are not exempt.
  • Nor are those whose self-employed work creates risk for others, e.g. safety consultants.
55
Q

HSAWA
Section 4 Duties placed on those who have some control of premises that nonemployees may use. Duty to ensure, so far as is reasonably practicable:

A
  • Safe premises.
  • Safe access and egress.
  • Plant and substances provided are safe.
56
Q

Designers, Manufacturers, Importers and Suppliers, have a Duty to ensure, so far as is reasonably practicable
section 6 ?

A
  • Articles are designed and constructed to be safe and without risk to health at all times when they are being set, cleaned, used and maintained.
  • Substances are safe to use without risk to health when being used, handled, stored or transported.
  • Testing and examination is carried out.
  • Equipment complies with CE marking requirements.
  • Information on safe use is provided to employers.
  • Employers are given revised information.
57
Q

HSAWA
Section 7
The duty of every employee

A
  • To take reasonable care for the safety of himself and others who are affected by his acts or omissions.
  • To co-operate with his employer to enable compliance with legal requirements.
58
Q

HSAWA

Section 8: Interference and Misuse ?

A

• No-one should intentionally or recklessly interfere with or misuse anything provided for health, safety and welfare

59
Q

HSAWA Section 9: Free of Charge to Employees?

A

• An employer cannot charge his employee for things done to achieve legal compliance.

60
Q

HSAWA Section 36 offenses?

A

When an offence committed by a company is due to the act or default of some other person (e.g. advice from a consultant), that other person (the consultant) may be charged with the offence.

61
Q

HSAWA Section 37 related too?

A

Directors and senior managers may be personally liable, for the breaches of law committed by their company, if they have: ‐
consented, ‐
connived, or ‐ neglected their duties.

62
Q

employers duties under management regs ?

A 
Reg 3:  Risk Assessment 
Reg 4:  Principles of Prevention 
Reg 5:  H&S Arrangements
Reg 7: Competent Persons 
Reg 8: Procedures for Serious and Imminent Dange
Reg 10: Information for Employees 
Reg 13: Training
Reg 14: Employees’ Duties
Regs 16–18: Protection of New and Expectant Mothers
Reg 19: Protection of Young People
63
Q

Reg 5: H&S Arrangements?

A
  • The employer must make arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures
  • Must be recorded where there are five or more employees.
64
Q

Reg 7: Competent Person?

A
  • One or more competent persons.

* Competent - knowledge, skill and experience

65
Q

Reg 8: Procedures for Serious and Imminent Danger?

A

• Develop procedures for serious and imminent danger. • Nominate people to implement them.

66
Q

Reg 10: Information for Employee?

A

An employer must provide employees with information on: • Risks.
• Control measures.
• Emergency procedures.

67
Q

Reg 13: Training The employer must:?

A
  • Take into account an individual’s capabilities when allocating tasks to them.
  • Provide adequate health and safety training when:

– First recruited.
– Exposed to new or increased risks

68
Q

Reg 14: Employees’ Duties?

A

The employee must:

  • Use machinery, equipment, etc. in accordance with any instruction and training.
  • Inform their employer of:

– any dangerous situations, or
– shortcomings in the employer’s arrangements.

69
Q

Regs 16–18: Protection of New and Expectant Mothers ?

A
  • Where work could present a risk to new or expectant mothers.
  • A risk assessment must consider this.
  • The worker may need to be suspended on full pay.
  • Night-shift workers may have to be suspended.
  • Employers do not have to act until informed of the woman’s status in writing.
70
Q

man reg, Reg 19: Protection of Young People ?

A

• Defined in MHSWR as anyone under the age of 18
• A risk assessment must consider them
. • The specific characteristics of the young person that have to be taken into account, because they put them more at risk, are:
‐ Their lack of experience. ‐
Their poor perception of risk.
‐ Their physical and mental immaturity.

71
Q

What legislation have we covered that applies to contractors and clients?

A

HSWA 1974 Clients:
S2 duties to employees.
S3 duties to others.

Contractors: S2 duties to employees. S3 duties to others.

All employees: S7 duties of employees

Others: S6 designers, manufacturers, importers and suppliers.
S8 duty not to interfere or misuse health and safety items.

72
Q

A contractor company is an employer in their own right. They therefore owe a duty to?

A

‐ Their employees because of Section

  1. ‐ Other people because of Section 3.
73
Q

The individual contract workers doing the work in the client’s premises are employees of the contractor company. , therefore?

A

owe a duty to: ‐ themselves; and ‐ other people

because of Section 7.

74
Q

• The client (as an employer) owes a duty to?

A

‐ His own employees because of Section
2. ‐ Others because of Section 3.

• These others would include: ₋ The contract cleaners in the premises. ₋ Any other workers in the premises (e.g. other contractors). ₋ Visitors to the client’s premises.

75
Q

contractors , The individual employees of the client also owe a duty to?

A

‐ themselves; and
‐ other people

because of Section 7.

76
Q

Selection of Contractors ?

A
  • Health and safety policy.
  • Example risk assessments.
  • Qualifications and training records.
  • Membership of professional organisations.
  • Equipment records.
  • Previous clients.
  • Accident history.
  • Enforcement action.
  • Proof of resources.
  • Insurance certificates
77
Q

Planning contractor work should include?

A
  • Information exchange.
  • Risk assessment.
  • Method statements
78
Q

Monitoring contractor work:

A
  • Signing in and out procedure.
  • Named supervisor.
  • Site induction.
  • Permit-to-work systems.
  • Checking the work activities against agreed risk assessments and method statements.
79
Q

The Construction (Design and Management) Regulations 2015: • Apply to?

A

all construction projects:
‒ Construction, renovating, fitting out, commissioning…
‒ Repair, re-decoration, maintenance…
‒ Decommissioning, demolition, dismantling…

There are lots of examples!

• Not all are notifiable to the HSE.

80
Q

CDM Dutyholders?

A
  • Client.
  • Principal designer.
  • Principal contractor
  • Designers.
  • Contractors.
  • Workers
81
Q

CDM Client role?

A

• Ensures project is set up to be safe. •

Provides key safety information at the tender stage.

82
Q

Principal Designer role under CDM?

A
  • Manages safety in the pre-construction phase.

* Liaises with principal contractor in the construction phase.

83
Q

Principal Contractors role under cdm

A
  • Manages safety during the construction phase

* Liaises with client and principal designer

84
Q

all cdm projects must have?

A

workers with the right skills
contractors providing supervision
a construction phase plan

85
Q

CDM projects wit more that one contractor must also have ?

A

Principle designer
principle contractor
a health and safety file

plus
workers with the right skills
contractors providing supervision
a construction phase plan

86
Q

CDM project are notifiable to the HSE if?

A

last longer than 30 days and have more that 20 worker days.

or exceed 500 person days

87
Q

The client of projects involving more than one contractor must ensure that:

A
  • Competent designers and contractors are appointed.
  • Adequate pre-construction information is provided

. • Principal designers and principal contractors carry out their duties.

  • Construction Phase Plan for the project is prepared by the principal contractor before work starts.
  • The Health and Safety File is prepared, kept up to date and made available for future reference.
  • Suitable welfare facilities are available during the construction phase.
  • Notifiable projects are notified to the HSE
88
Q

CDM applies to all domestic or commercial construction projects. If the client is domestic, their duties pass to their:

A

• contractor (if there is only one); • principal contractors (on projects involving more than one contractor);

or • principal designer (if there is a written agreement between the client and designer).

All other parties involved have similar legal duties in both cases.

89
Q

under CDM Designers must ensure that?

A
  • The client is aware of his duties under CDM.
  • Their design eliminates or minimises health and safety risks created by the project.
  • Design information is passed to the principal designer, client and contractors.
  • They communicate, co-operate and co-ordinate with other designers and contractors.
90
Q

The principal designer of projects with more than one contractor must ensure?

A
  • They plan, manage, monitor and co-ordinate health and safety during the preconstruction phase of the project.
  • The client is advised on the bringing together of useful pre-construction information.
  • The design eliminates or minimises health and safety risks created by the project.
  • Proper communication, co-operation and co-ordination takes place during the pre-construction phase.
  • The Health and Safety File is prepared and passed to the client at the end of the project.
91
Q

Contractors must ensure that?

A

• The client is aware of his duties under the CDM

. • They plan, manage and monitor their own work to control safety risks.
• Their workers have the skills, knowledge training and experience to carry out their work safely.
• They provide appropriate information, instruction and supervision to their workers.

92
Q

The principal contractor of projects involving more than one contractor must ensure that?

A
  • The construction phase of the project is adequately planned, managed, monitored and co-ordinated.
  • A Construction Phase Plan for the project exists and is kept up to date.
  • The site is secure.
  • All workers have access to suitable welfare facilities.
  • All contractors receive site-specific induction training. • Workers are consulted on site health and safety issues
93
Q

under CDM Workers should ensure that?

A
  • They take reasonable care of their own health and safety and the health and safety of others who their work might affect.
  • They report anything that they see that could affect their own or others health and safety.
  • They co-operate with all other duty-holders.
94
Q

the CDM The Health and Safety File should include?

A
  • Description of the work.
  • Residual hazards.
  • Structural principles.
  • Hazardous materials.
  • Information on dismantling.
  • Cleaning and maintenance requirements.
  • Services.
  • As-built drawings.

NEBOSH Block 1 (1 decks)

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