Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Nebosh > 1.1 Foundations Of Health And SAFETY > Flashcards

1.1 Foundations Of Health And SAFETY Flashcards

1
Q

Definition : Accident

A

An unplanned event that results in damage, loss or harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition : hazard

A

The potential of something to cause harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Definition : Risk

A

The likelihood of something to cause harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Definition: civil law

A

Duties of the inviduals to each other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Definition : criminal Law

A

Duties of indivuals to the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Definition: Welfare

A

Provision of facilities to maintain health and wellbeing of people in the workplace (e.g. Washing, sanitary and first aid)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Deifnition: residual risk

A

Remaining risk after controls applied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Definiton: near miss

A

Any incident that could have resulted in an accident

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Defintion: Dangerous occurence

A

A near miss that could have led to serious injury or loss of life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Defintion: common law

A

Law based on court judgements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defintions: statute law

A

Law based on Acts of Parliment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Reasons for good health and safety management.

Moral Reasons

A

Need to provide a reasonable standard of care and ethical reasons to reduce:

  • accident rates
  • industrial disease and ill health rates
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Reasons for good health and safety management

Legal reasons

A

Employers have a duty to take reasonable care of workers. Poor management can lead to:

  • prosecutions
  • civil actions - compensation claims
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reasons for good health and safety management

Financial Reasons

A

Poor health and safety management can lead to

Direct
Indirect costs

Good health and safety management can lead to

A more highly motivated workplace resulting in an improvement in the rare of production and product quality

An improved image and reputation of the organisation with its various stakeholders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Reasons for good health and safety management

Social reasons

A

Societal expectation of good standard of health and safety.

Duty of care (aspects of civil law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Costs of accidents and I’ll health

Direct Costs

Insured direct costs include

A

Claims on employers and public liability insurance

Damage to buildings, equipment, or vechiles

Any attributable production and or general business loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Costs of accidents and I’ll health

Direct Costs

Uninsured direct costs include

A
  1. Fines resulting from prosecution by the enforcement authority
  2. Sick pay
  3. Some damage to product, equipment, vechiles or process not directly attributed to the accident (e. G cause by replacement staff)
  4. Increases in insurance premiums resulting from the accident
  5. Any compensation not covered by the insurance policy due to an excess agreed between the employer and the insurance company
  6. Legal representation following any compensation claim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Costs of accidents and I’ll health

Indirect Costs

Insured indirect costs include

A

A cumulative business loss

A product or process laibilty claims

Recruitment of replacement staff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Costs of accidents and I’ll health

Direct Costs

Uninsured indirect costs include

A

Loss of goodwill and poor corporate image

Accident investigation time and any subsequent remedial action required

Production delays

Extra overtime payments

Lost time for other employees such as first aider who attend the needs of the injured person

The recruitment and training of replacement staff

Additional administrative time incurred

First aid provision and training

Lower employee morale, possibly leading to reduced productivity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Costs of accidents and I’ll health

Employers laibilty compulsory insurance

A

Legal requirements for all employers

Covers the employers liability in the event of accidents and work related I’ll health to employees and others who may be affected by their operations

Ensures that any employee who successfully sues his/her employer following any accident is assured of receiving compensation irrespective of the financial position of the employer

Made available either by display or electronically at each place of business

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Sub divisions of law

Criminal Law

A

Enforced by the state to punish individuals and or organisations

Individual is procescuted by an agency of the state I. E. Police, HSE, Local Authorities or Fire Authority)

Indivuals guilty or not guilty

Courts can impose fine or imprisonment

Proof beyond a reasonable doubt

Cannot insure against punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Sub divisions of law

Civil Law

A

Disputes between indivuals and or organisations to address a civil wrong (tort)

Indivuals and or organisations are sued

Individuals are liable or not liable

Courts can award compensation and costs

Proof based on ‘balance of probabilities’

Employers must insure against civil actions (Employers Liability Insurance)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Sources of Law

Common Law

A

Based on judgements made by judges in courts

Generally courts bound by earlier judgements (precedents)

Lower courts follow judgements of higher courts

In health and safety definitions of negligence, duties of care, and terms such as ‘practicable’ and ‘reasonable practicable’ are based on common law judgments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Sources of Law

Statute Law

A

Law laid down by Acts of Parliament

Health and Safety at Work Act 1974

Specific duties mainly in Regulations or Statutory instruments

Takes precedents over common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Employers common law duty of care

A

An employers has a duty of care to all employees and cannot be assigned to another person.

5 categories:

A safe place of work Inc access and egress

Safe plant and equipment

A safe system of work

Safe and competent fellow employees

Adequate levels of supervision, information, instruction, and training

Employees have a right to not be harmed ina NY way by their work and are expected to take reasonable care in their workplace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Negligence

A

Lack of reasonable care or conduct resulting in injury damage or loss

It must be reasonably foreseeable that the acts or omissions could result in injury

Negligence claims must be made within a set time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Defenses against negligence claims

A

A duty of care was not owed

There was no breach of the duty of care

Any breach of a duty of care did not result in the specific injury, disease and/or loss suffered

28
Q

Partial defenses against negligence claims

A

Contributory negligence - employee contributed to the negligent act

Volenti non fit injuria - the risk was willingly accepted by the employee

Acts of God, riot, terrorist event

29
Q

Vicarious laibilty

A

When the defendant is acting in the normal courts eof his employment during the alleged incident, the defence of the actions is transferred to his employer

30
Q

Tort of breach of statutory duty

A

When there is a breach of statutory duty, such as the duties laid down by the HSW Act or its regulations, an individual who has been affected by the breach may pursue a civil action to obtain compensation.

Some parts of the HSW Act itself and its regulations specifically prohibit a civil action following a breach of statutory duty - these breaches are deemed (statue-barred)

31
Q

Double barrelled action

A

If an employee suffers an injury at his place of work, he may sue his employer both for negligence and the breach of statutory duty.

Such an action in termed double barrelled action

32
Q

Levels of Statutory Duty

A
  1. ABSOLUTE
  2. PRACTICABLE
  3. REASONABLY PRACTICABLE
33
Q

Describe ‘Absolute’ Level of Statutory Duty

A

Absolute

The employer MUST comply with the law

Regulations use the verbs must or shall

34
Q

Describe ‘practicable’ ‘ Level of Statutory Duty

A

The employer must comply if it is technically possible.

Difficulty, inconvience and cost cannot be taken into account

35
Q

Describe ‘reasonably practical’ ‘ Level of Statutory Duty

A

If the risk is compared with the cost time and effort required to further reduce risk then no action is required

36
Q

Legal framework for the regulation of health and safety

Influence of the EU

A
  • to harmonise health and safety across the member States
  • derived from the Treaty of Rome (1957) and Single European Act (1986)
  • article 95A (was 100A) health and safety standards for health and safety
  • Artle 138A (was 118A) minimum health and safety standards in employment
  • European Directives set out the specific minimum aims given area of health and safety
  • European Directives must be incorporated into the national law of all member states
  • first introduction into UK law was in 1992 with the European Six Pack
  • European Court of Justice rules on interpretation of EU law
  • European Court of Human Rights (covers a wider area than just the EU interprets the European Human Right Convention)
37
Q

Health and Safety at Work Act 1974

Based on…

A

Criminal law based on the recommendations of the Robens Report

38
Q

Main Recommendations from the Robens Report

A
  1. A single Act to cover all the work based general duties
  2. The act should cover everyone’s affected by the employers undertaking
  3. Emphasis on management of health and safety including training and supervision
  4. Encouragement of employee involvement in accident prevention.
  5. Enforcement should be targeted at ‘self-regulation’ rather than prosecution
39
Q

Robens Report.

What is it

A

HSW Act is an ‘enabling act’ allowing regulations to be produced by the HSE on behalf of the Secretary of State with further Acts of Parliament being required.

It contains mainly general duties with specific duties defined in Regulations

40
Q

Role and Acitivites of the HSE

A
  1. Advises on the development of regulation
  2. enforces health and safety regulations
  3. provides information to organisation (ACOP, guidance notes, leaflet and other publications, accident and I’ll health statistics)
  4. Launches national health and safety campaigns on specific topics
  5. Undertake accident and other investigations
  6. Offers advice to employers and other on statutory duties
  7. Takes enforcement action
  8. Instigates crinimal proceedings and publicises organisations the receive enforcement notices
41
Q

Regulations of HSW

A
  1. State of Law
  2. Often implement EU Directives
  3. breaches are criminal offenses possibly leading to enforcement action
  4. Describe in minimum health and safety standards that need to be achieved
  5. Usually apply across all organisations but sometimes apply to specific industries
42
Q

Approved codes of practice (ACOPS)

A
  1. Supplementary practical interpretation of regulations that give more detail on the regulatory requirements
  2. Special legal status _ quasi-legal becuase it may be possible to comply with regulations by some other more effective practice
  3. ACOPS are legally binding if the particular regulations indicate that they are or if they are quoted in an Enforcement Notice
43
Q

Guidance of HSW

A
  1. 2 forms of guidance legal and best practice. Both avaliable as HSE publications
  2. Not legally binding
  3. Gives more information and practical advise than ACOPs
  4. Also often available as British Standards and as industrial or trade guidance
44
Q

HSW

Section 2. Duties of employees to employees

A

General duty ensure as far as is reasonably practicable, the health safety and welfare of all employees

Specific Duties

  1. Safe plant and systems of work
  2. Safe use, handling, transport and storage of substances and articles
  3. Provision of information, instruction, training and supervision
  4. Safe place of work, access and egress.
  5. Safe working environment with adequate welfare facilities
  6. A written safety policy together with organisational and other arrangements (if five or more employees and:)
  7. Consultation with Safety representatives and formation of safety committees where there are recognised trade unions
45
Q

HSW

Section 3, Duties of employers to others affected by their undertaking

A

Others could include contracters, general public, visitors, patients, students

46
Q

HSW Section 4. Duties of landlords or owners

A
  1. Safe access and egress for those using premises

2. Buildings and any equipment supplied with them are safe

47
Q

HSW

Section 6, duties of suppliers

A

Suppliers, including designers, of articles and substances for use at work to ensure, as far as is reasonably practicable that:

  1. 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
  2. Substances are similarly safe and without risk to health when being used, handled, stored or transported
  3. Arrange, where necessary, for suitable testing and examination
  4. Supply suitable safety information and any revisions to customers
48
Q

HSW

Section 7, duties of employees

A
  1. Take care for the health and safety of themselves and others who may be affected by their acts or omissions
  2. Co-operate with their employer, as far as is necessary, to ensure compliance with any statutory health and safety duty
49
Q

HSW

Section 8

A

No persons to misuse anything provides for health, safety or welfare purposes

50
Q

HSW

Section. 9

A

Employees cannot be charged for health and safety requirements

51
Q

Enforcement of the Act

Powers of inspectors

A
  1. Enter premises at any reasonable time, accompanied by a police officer if necessary
  2. Examine, investigate, and require the premises to be left undisturbed
  3. Access to all records and other relevant documents
  4. Take samples, photographs and if necessary, dismantle, and remove requipment or substances
  5. Seize, destroy and render harmless any substance or article
  6. Take statements
  7. Issue improvements and prohibition notices and possibly a formal caution
  8. Imitate prosecutions
52
Q

Enforcement of the act

Enforcement noticies

A

Improvement notice

  1. Issued for a specific breach of the law
  2. Appeal with 21 days to an Employment Tribunal - notices suspended until appeal is heard or withdrawn

Prohibition notice

  1. Issued to halt an activity that could lead to serious injury
  2. Appeal within 21 days to an Employment Tribunal - notice is not suspended
  3. Deferred prohibition notice - stops the work activity with a specified time limit
53
Q

Enforcement of the Act

Work related deaths

A
  1. Investigated by the police initially to ascertain whether a charge of manslaughter (or culpable homocide in Scotland) or corporate manslaughter is appropriate
  2. If there are no such charges, the HSE or Local Authority continues the investgaitgation
54
Q

The Corporate Manslaughter and Corerate. Homocide Act

An organisation will have commuted the new offence if:

A
  1. It owes a duty of care to another person in defined circumstance
  2. There is a management failure by its senior managers
  3. It is judged that its actions or inaction amount to a gross breach of that duty resulting in a person’s death
55
Q

The Corporate Manslaughter and Corerate. Homocide Act

The health and safety duties relevant to the Act are:

A

Employer and occupier duties Inc the provision of safe systems of work and training on any equipment used

Duties connected with:

  1. the supply of good ands services to customers
  2. The operation of an activity ona commercial basis
  3. Any construction and maintance work
  4. The use or storage of plant, vechiles or any other item
56
Q

Role and functions of fire and rescue authority

A
  1. Enforces fire safety law
  2. Undertakes random fire inspections (often to examine fire risk assessments)
  3. Can issue alteration, improvement and prohibition notices
  4. needs to be informed during the planning stage of building alterations when fire safety of the building may be affected
57
Q

Role and functions of the environment agency (Scottish Environmental Agency)

A
  1. Responsible for authorising and regulating emissions from industry
  2. Ensuring effective controls of the most polluting industries
  3. Monitoring radioactive releases from nuclear sites
  4. Ensuring that discharges to controlled waters are at acceptable levels
  5. Setting standards and issuing permits for the collection, transporting, processing and disposal of waste (Inc. Radioactive Waste)
  6. Enforcement of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
  7. Enforcement of the waste electrical and electronic equipment (WEEE) Directive and its associated Directives
58
Q

Role and functions of insurance companies

A
  1. Legal requirement for employers to insure against liability for injury or disease to their employees arising out of their employment
  2. Offer fire and public liability insurance
  3. Can influence health and safety standards by weighting the premium offered to an organisation against its health and safety
59
Q

Employer duties and responsibilities

A

Under the hsw act the employer has a duty to safeguard the health, safety and welfare of :

Employees.
Other workers
Trianees.
Contractors
Visitors
Neighbour and general public
60
Q

Employer duties and responsibilities

Key actions required of the employer

A
  1. Ensure the availability of competent advice on health and safety matters.
  2. Obtain current Employers Laibilty insurance and display the certificate
  3. Compile a health and safety policy and ensure that an adequate health and safety management system in is place
  4. Ensure that risk assemsnst of all work Palace activities are undertaken and any required controls are put in place
  5. Provide workforce with health and safety information and training
  6. Provide adequate welfare facilities
  7. Consult the workforce on health and safety issues
  8. Report and investigation some accidents, diseases and dangerous occurances
  9. Display prominently the health and safety law poster (or supply workers with the appropriate leaflet)
61
Q

Other employers responsibilities

Visitors and the general public

Possible hazards

A
  1. Unfamiliarity with the work place processes
  2. Lack of knowledge of the workplace layout
  3. Unfamiliarity with emergency procedures
  4. Inappropriate ppe
  5. Inadequate or unsigned walkways
  6. added vulnerability if young or disabled visitors
62
Q

Other employers responsibilities

Visitors and the general public

Possible controls

A
  1. Visitor identification (badges)
  2. Routine signing in and out
  3. Escorted off by a member of staff
  4. Provision of information on hazards and emergency procedures
  5. Site rules Inc ppe
  6. Clear marking of walkways

For night workers

  1. Clear working times
  2. if hrs exceed 8 hours per day averages, see if hours can be reduced
  3. Health checks
  4. Ensure detailed records of night workers Inc health checks..
  5. Not involved in work which is particularly hazardous
63
Q

Employees and agency staff, duties and responsibilities

A
  1. Take care for the health and safety of themselves, and others who may be affected by their acts or omissions
  2. Cooperate with their employer, to comply with any statatory health and safety
  3. Not to interfere or misuse anything provided in accordance with health and safety legalisation
64
Q

Duties of self employed

A

Under the hsw act they are

  1. Responsible of their own h&s
    2.
    Ensure that others who may be affected by their undertaking are not exposed to risks to their h&s
65
Q

Persons in control of premises

A

The duty of ‘persons in control of non domestic premises’ under Section 4 of hsw extends to

  • people entering the premises to work
    2. People entering the premises to use machinery or equipment
    3. Access to and exit from the premises
    4. Corridors, stairs, lifts and storage areas
66
Q

Directors responsibilies

A
  1. H&s arrangements are properly resourced
  2. Competent h&s advised is obtained
  3. Regular reports are received on h&s performance
  4. Any new or amended h&s legalisation implemented
  5. RA are undertaken
  6. Regular audits of h&s systems and risk control measures
  7. Adequate consultation with employees on h&s issues

Nebosh (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions