Element 1 - Foundations in Health and Safety Flashcards
(120 cards)
1
Q
Define Health
A
The absence of disease
2
Q
Define Safety
A
The absence of risk or serious personal injury
3
Q
Define Welfare
A
Access to adequate facilities that the worker needs for basic functions
4
Q
What are the three barriers to good standards of Health and Safety?
A
- Complexity
- Conflicting Demands
- Behavioural issues
5
Q
Give examples of Health issues (4)
A
- Lung cancer from the inhalation of asbestos.
- Psychological issues.
- Crushing to internal organs.
- Fractures.
6
Q
Why may health and safety not be seen as a priority by the management of an organisation (3)
A
- Requirement to supply a product on time.
- Profit/ budget requirements.
- Job overun.
7
Q
Why does an organisation have to manage health and safety (3)?
A
- Moral.
- Legal.
- Financial.
8
Q
What are the Moral reason an organisation needs to manage health and safety (3)?
A
- Social unacceptable.
- Society expects good standards.
- Morally unacceptable to hurt somebody else.
9
Q
What two types of financial repercussions are there?
A
- Indirect - costs which come indirectly as a result of the event.
- Direct - the measurable cost arising directly from an accident.
10
Q
Give three societal expectations.
A
- Well designed equipment.
- Training Knowledge of legal standards.
- Media coverage.
11
Q
Give examples of DIRECT costs (10)
A
- First Aid treatment.
- Employee sick pay.
- Remedial works.
- Damaged Products.
- Lost production times.
- Fines in the criminal courts.
- Fines in the civil courts.
- Increased insurance premiums.
- Overtime.
- Missed deadlines.
12
Q
Give examples of INDIRECT costs (10).
A
- Loss of staff productivity.
- Loss of staff moral.
- Cost of remedial action.
- Compliance with enforcement notices.
- Cost of replacing/ training.
- Loss of reputation.
- Loss of client base.
- Liquidated damages.
- Fees for Intervention.
- Industrial action.
13
Q
What insurance is compulsory for organisations to have and to what value?
A
Employers Liability with a minimum of £5 million Employers’ Liability (Compulsory Insurance) Act 1969
14
Q
Give examples of uninsured losses (5)?
A
- Materials.
- Sick pay.
- Overtime.
- Damage to equipment.
- Policy excess
15
Q
What are the two types of law that make up Health and Safety Regulation?
A
- Criminal.
- Civil.
16
Q
What is Criminal law concerned with?
A
- Punishment of organisations and individuals who have broken the law
17
Q
What is Civil Law concerned with?
A
Concerned with the compensation of people who have suffered from a work place injury or disease through no fault of their own
18
Q
What are the two sources of law?
A
- Criminal - Statute law made by acts of Parliament.
- Civil - Common law set by precedent
19
Q
Who enforces Statute Law?
A
- HSE.
- Environmental Health Agency.
- Local Authority.
20
Q
What does the Corporate Manslaughter and Corporate Homicide Act 2007 enable courts to do?
A
- Enables Organisations to be prosecuted and fined for gross negligence.
21
Q
What is the Civil legal system concerned with?
A
Concerned claims for compensation bought using the Tort of Negligence.
22
Q
What three tests have to be met to prove a case of negligence?
A
- Duty of care owed to claimant.
- Duty of care was breached.
- Loss and suffering as a result of the breach
23
Q
What is Vicarious Liability?
A
Means an employer can be held responsible for the negligence actions of his employees.
24
Q
What are the main points of Criminal Law (6):
A
- Action is brought by the state.
- Intention is punishment.
- No statute of limitations.
- Insurance not available to pay the fine.
- Statute Law is used as the source of law.
- The burden of proof is beyond all reasonable doubt.
25
What are the main points of **Civil Law (6)**:
1. Action is brought by the individual.
2. The intention is compensation.
3. Statue of limitation is three years.
4. Insurance available to pay.
5. Common Law used as the source of law.
6. The burden of proof is the balance of probabilities.
26
What is **statute law**?
Laws made by Parliament and exist in the forms of Acts, Regulations and Orders.
27
What is **Common Law**?
Common law is made by judges through precedents that they set. This in effect is the law of the land through custom and practice.
28
The HASAWA 1974 is known as what?
HASAWA 1974 is and enabling Act. This paved the way for Regulations, known as secondary legislation.
29
What is an Approved Code of Practice (ACoP)?
An explanation on how to achieve the legal minimum standard required by the law. ACoP’s have special legal status (quasi legal)
30
Explain **Guidance**?
Manual Handling Operations Regulations 1992. Guidance has no legal status. Guidance sets out best practice and is often published by the HSE
31
What are the employers Common Law duties (5)? Wilson and Clyde Coal vs. English (1939)
1. A safe place to work with a safe access to and from it.
2. Safe plant.
3. A safe system for doing the work.
4. Safe and competent workers.
5. Appropriate supervision, information, instruction and training.
This formed the basis of the Health and Safety at Work Act.
32
Can a case of **negligence** be brought again an individual?
Yes on the basis on Manslaughter due to gross negligence, this a common law offence.
33
What is the **Criminal Court Structure** in England?
1. Magistrate.
2. Crown Court.
3. Court of Appeal (Criminal Division).
4. Supreme Court.
34
What is the **Civil Court structure** in England?
1. County court (up to £50k).
2. High Court (over £50k).
3. Court of Appeal (Civil Division).
4. Supreme Court
35
What are the **roles** of the HSE (4)?
1. Enforcement of HASAWA 1974 and associated law.
2. Reviewing existing legislation and making recommendations for changes.
3. Provide information and guidance.
4. Conducting research.
36
Who are the main enforcing agents under the **Regulatory Reform (Fire Safety) Order 2005 (2)?**
1. Fire and rescue authorities.
2. Fire Safety Inspectors have the same powers as HSE inspectors.
37
Name other **Enforcement Agencies (5)**
1. The Office of Rail and Road (ORR)
2. Crown Prosecution Office (CPS)
3. The Environment Agency. Environmental
4. Health Officers (EHO’s)
5. \*\*Insurance Companies\*\* can determine policy through premiums and investigations
38
What **powers** do HSE Inspectors have under Section 20 HSWA 1974 (12)?
1. To enter premises at any reasonable time.
2. Take along a police officer.
3. Take along an expert.
4. Carry out any necessary investigations.
5. Take evidence.
6. Conduct interviews under caution and not under caution.
7. Prohibit the use of equipment.
8. Take witness statements.
9. Inspect documents.
10. Take photographs, drawings, measurements.
11. Any other power necessary to fulfil the duty of their enforcement authority.
12. To seize and render harmless any article or substance that gives rise to the imminent danger of serious personal injury (Section 25).
39
What are the **two** types of enforcement notice issued by the HSE?
1. Improvement Notice (Section 21).
2. Prohibition Notice (Section 22).
40
What are the key points of an Improvement Notice (7)?
1. Is issued where an inspector believes a breach has occurred and is likely to occur again.
2. Will only be issue if the inspector DOES NOT think there is a risk of serious personal injury.
3. Will state what improvements need to be made and when by, it cannot be less than 21 days.
4. Notice will specify the changes to meet compliance.
5. Normally served to the person in charge, normally the company.
6. Appeal must be made within 21 days.
7. Notice suspended is appealed.
41
List the key points of a Prohibition Notice (6).
1. Prohibition notice issued when the inspector believes there is a serious risk of personal injury.
2. The prohibition notice will state that the activity must be stopped until it has been fixed.
3. No timescale is specified Inspector does not need to see a breach in Health and safety law.
4. Served on the person in control, normally the employer.
5. Can appeal within 21 days.
6. Notice stays in force during appeal
42
What are the main grounds for **appealing** an enforcement notice (4)?
1. There has been a wrong legal interpretation by the inspector.
2. The inspector has exceeded their powers.
3. A breach of the law is admitted but the remedy is not practicable or reasonably practicable.
4. A breach of the law is admitted , but it is insignificant.
43
What will failure to comply with an enforcement notice will result in (2)?
1. Magistrate court - six month jail and unlimited fine is extreme circumstances.
2. Crown Court - 2 years jail and unlimited fine in extreme circumstances.
44
What is a **material breach** of HSE legislation?
When the inspector believed there has been a breach of Health and Safety Legislation which requires them to act.
45
What action can an HSE Inspector take (4)?
1. Issue a notice of contravention (a none formal letter)
2. Issue a Improvement Notice.
3. Issue a Prohibition Notice.
4. Start a prosecution.
46
A **written** notification must include what (3)?
1. The law that the inspector believes was broken.
2. The reasons for their opinion.
3. Notification that the fee is payable to HSE.
47
What are the **three** types of Prosecutions?
1. Summary Offences - tried by the Magistrates Court.
2. Indictable Offences - tried by the Crown Court
3. Triable Either Way Offences - can be tried one either court.
48
What are the penalties for each type of court, Magistrate and Crown?
1. Magistrate court - six month jail and unlimited fine is extreme circumstances. Barred from being a director for 5 years.
2. Crown Court - 2 years jail and unlimited fine in extreme circumstances. Barred from being a director for 15 years.
49
What are the **Special Defences** under Section 40 of HSWA? (3)
1. The defendant is presumed guilty until proven innocent.
2. The burden of prof is reduced to the balance of probability.
3. For example proving that measures they had in place where PRACTICABLE or REASONABLY PRACTICABLE.
50
What can happen to the Director and Organisation if someone dies in a work related accident (2)?
1. Individual charged with Gross Negligence Manslaughter under Section 7 HSWA.
2. Organisations charged with Corporate Manslaughter under Section 2 HSWA
51
What is a Tort (2)?
1. A Tort is a Civil wrong Is health and safety terms, it is a Tort of Negligence.
2. Common law has determined that we all owe each other a duty of care as we go about our daily lives.
52
What must a Claimant **prove** in a Negligence Claim (3)?
1. A Duty of Care was owed to them by the defendant.
2. The Duty of Care was breached.
3. The suffered a loss as direct result of the breach.
53
What is a **duty of care(2)**?
1. Stems from Common Law and the case of Donoghue v Stevenson (1932).
2. Reasonable care must be taken to avoids act or omissions that might injure your neighbour. (Neighbour Principle)
54
What is **breach of duty(2)**?
1. Did the defendant act in a reasonable manner.
2. The breach of duty might be by Act or Omission.
55
What are the **defences** against a **Tort of Negligence (6)**?
1. No duty of care owed.
2. The duty of care breached is not the duty of care being claimed for.
3. No loss as a result of the injury.
4. Act of god.
5. Contributory Negligence.
6. To those who are willing, no harm is done.
56
What is **Contributory Negligence**?
Is where part of the blame is attributed to another party.
57
Explain **Vicarious Liability**?
1. Is where a employer is held liable for the actions or omissions of an employee.
2. Also extends to sub contractors.
58
What are the **two** types of compensation in Civil cases?
1. General damages - for pain and suffering.
2. Special damages - for quantifiable losses such as lost pay and travel expenses.
59
What does the Health and Safety At Work Act create?
The act creates dutyholders and identifies who they owe a duty towards.
60
Who does an employer owe a duty to (2)?
1. Owes a duty to their employees , so far as reasonably practicable, for their health, safety and welfare at work.
2. The employer also has a duty of care to non-employees.
61
What does ‘So far as reasonably practicable’ mean?
The employer must assess the **DEGREE OF RISK** against the **SACRIFICE**. Sacrifice is measured in terms of financial **COST, TIME** and **EFFORT**.
62
What does Section 2 of the HSWA state?
Section 2 of the HSWA states that employers have duties towards their employees.
63
What does Section 2(1) state?
Section 2(1) states the general duties of the employer towards their employees.
64
What phrase best describes section 2(1) of the HSWA?
“To ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees”
65
Define “so far as reasonably practicable”
Means the duty holder must assess the degree of risk against the sacrifice involved. Sacrifice is measured in terms of financial cost, time and effort.
66
What are the **three** important phrases used to impose a duty in Statue Law (3)?
1. Shall - an absolute duty.
2. Practicable - if it can be done, it should be done.
3. So far as reasonably practicable. - when considered against time, cost and effort
67
Section 2(2) states the specific duties of the employer.
1. 2(2)(a) Safe plant and systems of work.
2. 2(2)(b) Safe use, handling, storage and transport of articles and substances.
3. 2(2)(c) Information, instruction, training and supervision.
4. 2(2)(d) A safe workplace and safe ingress and egress.
5. 2(2)(e) A safe working environment and welfare facilities.
68
What is Section 2(3) of the HSWA state (4)?
1. States an employer must have a written health and safety policy when they have 5 or more employees.
2. It must be revised.
3. It must be brought to the attention of employees.
4. It must contain a general statement of policy, company organisation and arrangements for achieving it.
69
What does section 2(4) of the HSWA concern?
Concerns the appointment of safety representatives by recognised Trade Unions
70
What does Section 2(6) state?
States that employers must consult with safety representatives
71
Section 2(7) states what?
That employers must establish a safety committee
72
Section 3 - Employers Duty to Others states what?
1. The duty holder is the employer.
2. They owe a duty to everyone else who is not an employee.
3. They must ensure health and safety.
4. Qualified by ‘so far as reasonably practicable’.
5. Places duties on the Self Employed.
73
Section 4 - Controllers of premises states what (2)?
1. So far reasonably practicable that: The premises are safe. Ingress and egress are safe.
2. Any plant or substances provided in the premises are safe.
74
Section 6 - Designers, Manufacturers, Importers and Suppliers duties (5).
1. So far as reasonably practicable that: Articles are without risk to health and safety at all times.
2. Substances are without risk when being used, handled and stored.
3. Products have been tested and examined to determine the level of risk.
4. Employers are provided with information on the safe use and handling.
5. Employers are given revised information should a subsequent serious risk be known.
75
Section 7 - Employees Duties
1. Must take care of the health and safety of themselves and other persons who might be affected by their acts or omissions.
2. Must co-operate with the employer to meet legal requirements.
76
Section 8 - Interference and Misuse - Duties of All
No person shall intentionally or recklessly interfere with or misuse anything provided for Health and Safety.
77
Section 9 - Free of Charge to Employees.
The employers cannot charge the employee for anything to meet the legal requirement for Health and Safety such as PPE.
78
Section 36 - Offences due to others.
A professional adviser may be charged if they give the incorrect information and advice.
79
Section 37- Personal Liability of Directors and Senior Managers.
Directors and Managers may be found personally liable along with the company itself for failings.
80
The Management of Health and Safety at Work Regulations 1999 place what **duties** on an **employer (4)**?
1. They must have a suitable and sufficient risk assessment.
2. The employer must make arrangements for Health and Safety Management (HNG65).
3. Employees are given duties.
4. New and expectant mothers and young people are identified as two vulnerable groups.
81
State the **general duties** under Section 2 of the HSWA (6).
1. 2(1) General Duties to their Employees.
2. 2(2) Specific duties to his employees.
3. 2(3) Written Health and Safety Policy.
4. 2(4) Appointment of Safety Representatives.
5. 2(6) Consult with Safety Representatives.
6. 2(7) Establish a Safety Committee.
82
What is the difference between and **absolute duty** and a **qualified duty**?
1. Absolute duty must be complied with irrespective of cost.
2. Qualified duty complied with in certain circumstances: Practicable - when technically possible So far as reasonably practicable - when the level of risk justifies the cost.
83
MHSWR Regulation 3 (Risk Assessment) says what (3)?
1. Employer MUST make a suitable and sufficent risk assessment.
2. Must have a risk assessment if there are 5 or more employees.
3. Must be reviewed.
84
Principles of prevention (Reg 4) state what?
1. The employer must implement protective measures on the basis of the principles of prevention listed is schedule 1. Schedule 1 list has full legal status.
85
Health and Safety Arrangements (Regulation 5) state:
1. The employer must: Arrange effective planning. Organisation Control Monitoring Review of the preventive measures.
2. These must be recorded where the employer has 5 or more employees.
86
Health Surveillance (Regulation 6) states:
The employer must provide employees with appropriate health surveillance
87
Health and Safety Assistance (Regulation 7) states:
1. The employer must appoint one or more competent persons to help with complying with Health and safety law.
2. Competent person SKATE
88
Procedures for serious and imminent danger and contact with external services (Regulation 8 & 9) states (4):
1. Must develop procedures to deal with serious and imminent danger.
2. Must nominate sufficient number of competent people.
3. Must ensure contact with emergency services are arranged.
4. Employers should be prevented from going into a dangerous area.
89
Information for Employees (Regulation 10) (2):
1. Employer must provide employees with information on: The risks to their health and safety.
2. Preventative control measures Emergency Control measures.
90
Cooperation and coordination with two or more employees share a workplace (regulation 11) states (2):
1. Each employer must cooperate and coordinate with the other employers to ensure health and safety.
2. Inform the other employers of risk to their employees health and safety arising from his undertaking.
91
What factors should be considered to ensure coordination and cooperation when employers are sharing a workplace (8)
1. Specific hazards and risks arising from each employees activities.
2. Security on site access control.
3. Site speed limits and traffic rules.
4. Maintenance of the shared areas in corridors.
5. Emergency procedures.
6. First Aid facilities and provision of First Aiders.
7. Heating, lighting and ventilation maintenance.
8. Defined Traffic routes and standards.
92
Information for other workers (regulation 12 and 15) states (2):
1. The employer must provide all the workers who are not employees with information on the rest of their health and safety and preventative control measures.
2. Workers on temporary contracts must be provided with information about specific qualification and health surveillance requirements
93
Capabilities and training (regulation 13) states that employers must take what action? (3)
1. The employer must take into account the capabilities of employees when allocating tasks.
2. The employer must provide adequate health and safety training when employees are first recruited
3. Provide further training when they are exposed to new or increased increased risks
94
Employees Duties (Regulation 14) states (3):
1. Employees must use equipment and materials in accordance with the training and instructions they were given.
2. Inform the employer of any situation that represents a serious and imminent danger to health or safety.
3. Any shortcomings in the health and safety procedures.
95
Protection of new and expectant mothers (regulations 16 - 18). Risk Assessments must (4):
1. Employer must alter the working hours if a risk cannot be avoided.
2. Where this would not avoid the risk the employer must suspend the employer on full pay.
3. The employer may have to suspend the worker on the advice of a medical practitioner.
4. The employer does not have to take any preventive measures until notified in writing.
96
Protection of young persons (Regulation 19) states:
1. The employer must ensure that young persons at work are protected from any risks to their health and safety.
2. The specific risks are: lack of experience poor perception of risk physical and mental immaturity.
97
State the legal requirement for recording a risk assessment (3):
1. More than 5 employees.
2. Must be reviewed.
3. Must be suitable and sufficient.
98
What specific types of procedure must the employer develop under MHSWR 1999?
1. Health and safety management. P
2. rocedures to deal with health and safety.
3. Health surveillance.
4. Information and training to employees.
5. Provide all the information to other employers.
6. Cooperate and coordinate with those who share premises.
99
Define a young person?
Are young person is a person under 18 years old
100
What criteria may a client used to select the contractor (5)?
1. The client may check the contractors policy documents.
2. Accidents and enforcement history.
3. References.
4. Qualifications.
5. Experience.
101
What must a client to ensure?
1. The client must ensure that contractors carry out risk assessments and develop method statements for their work.
102
Who are the **six duty holders** as defined by CDM?
1. The client.
2. The principal designer.
3. Designers.
4. The principal contractor.
5. Contractors.
6. Workers
103
What are the requirements for a building site to be notified to the HSE?
1. Project over 30 working days in duration and involving more than 20 workers at any one time.
2. Involving over 500 working days.
104
Who is responsible for notifying the HSE when a building meets the F 10 criteria?
The client
105
What is the **definition** of a **contractor** under CDM?
A person or organisation engaged to undertake work on behalf of the client but not under the clients direct supervision or control
106
Define a **client** under CDM?
A person or organisation who engages a contractor
107
What evidence can you asked for when selecting a contractor based on their health and safety competence (10)?
1. A copy of their health and safety policy.
2. Examples of risk assessments and method statements.
3. The qualifications and training records of staff.
4. Membership of a professional organisation also defined body.
5. Records of maintenance and testing for plant and equipment.
6. Details of previous or current clients as references.
7. Accident history records, such as RIDDOR reportable accident rates.
8. Records of enforcement action taken by authorities against them.
9. Proof of adequate resources such as access to specialist safety advice.
10. Proof of adequate insurance
108
What arrangements must be made by the **client** to ensure the **contractor** complies with safe working practices (4)?
1. Having a signing in and out procedure.
2. Insuring the contractor provides a named work supervisor.
3. Carry out site induction training for all contractor workers.
4. Controlling high risk activities with a permit to work system
109
1. What is a notifiable project?
1. A project lasting 30 working days or more and involve more than 20 workers at any one time.
2. Involve more than 500 working days.
110
What details are included on an F 10?
1. The address of the construction site.
2. A brief description of project and construction work involved.
3. Contact details of the client.
4. Contact details of the principal designer.
5. Contact details of the principal contractor.
6. Plan date for the start of the construction phase and it’s planned duration.
7. Time allowed for planning and preparation for construction work.
8. Estimated maximum number of people working at the site.
111
What duties should the **client** ensure under CDM (7)?
1. Suitable competent designers and contractors are appointed.
2. Adequate preconstruction information is provided to the duty holders.
3. Principal designers and principal contractors carry out their duties.
4. Construction phase plan for the project.
5. The health and safety file is prepared.
6. Suitable welfare facilities available during the construction phase.
7. Notifiable projects are notified to the HSE
112
What should **designers** ensure under CDM regulations (4)?
1. The client is aware of his duties under CDM regulations.
2. The design eliminate or minimise health and safety risks created by the project.
3. Design information is passed to the principal designer, clients and contractors.
4. They communicate and cooperate with other designers and contractors.
113
What should a **principal designer** ensure under CDM regulations (5)?
1. They plan, manage, monitor and coordinate health and safety during the preconstruction phase of the project.
2. The client is advised on the bringing together of preconstruction information.
3. The design eliminate or minimise his health and safety risks.
4. Proper communication and coordination takes place during the preconstruction phase.
5. The health and safety file is prepared and passed to the client at the end of the project.
114
What must the **principal contractor** ensure under CDM regulations (6)?
1. The construction phase plan of the project is adequately planned managed monitored and coordinated.
2. The construction phase plan for the project exists and is kept up-to-date.
3. The site is secure.
4. All workers have access to suitable welfare facilities.
5. All contractors receive site specific induction training.
6. Workers are consulted on site health and safety issues.
115
What should **contractors** ensure under CDM regulations (4)?
1. The client is aware of his duties on the CDM regulations.
2. They plan to manage and monitor their own work to control safety risks.
3. Their workers have skills knowledge training and experience to carry out the work safely.
4. They provide appropriate information instruction and supervision to their workers.
116
What most **workers** ensure under CDM regulations (3)?
1. Take reasonable care of their own health and safety and the health and safety of others who they work might affect.
2. Report anything that they see that could affect their own or others health and safety.
3. Cooperate with all of the duty holders.
117
What is a **construction** phase plan (2)?
1. The construction phase plan is the health and safety management plan for the construction phase of the project.
2. The plan is the responsibility of the principal contractor
118
What are the typical content of a **construction phase plan (4)?**
1. Project description including key project team members.
2. Management of the work including site rules, site induction, welfare facilities, fire and emergency procedures.
3. Arrangements for controlling significant site risks such as safety risks such as for prevention.
4. Health risks such as removal of asbestos.
119
What is a **health and safety file**?
The health and safety file contains information about the new or modified structure of the client needs to know.
120
What are the typical contents of a health and safety file (8)?
1. Brief description of work.
2. Residual hazards.
3. Key structural principles.
4. Hazardous material used.
5. Information relevant to dismantling.
6. Information on cleaning or maintenance equipment.
7. Nature, location and marking of significant services.
8. Information and as built drawings of the structure and plant and equipment.
