Element 1

Question 1

What is the status of HSWA 74?

Answer 1

Full legal status,

Is the principal piece of statute law regulating health and safety in workplaces

Question 2

HWSA 74

Section 2 1

Answer 2

General duties of the employer towards his employees

Question 3

HSWA 74

Section 2 2

Answer 3

Specific duties of the employer has to his employees

Question 4

HSWA 74

Section 2 2a

Answer 4

To provide ‘as far as reasonably practicable’ Safe systems of work and Safe plant

Question 5

HSWA 74

Section 2 2b

Answer 5

To provide ‘as far as is reasonable practicable’ Safe use, handling, storage and transport of articles and substances

Question 6

HSWA 74

Section 2 2c

Answer 6

To provide ‘as far as is reasonable practicable’ information, instruction, training and supervision

Question 7

HSWA 74

Section 2 2d

Answer 7

To provide ‘as far as is reasonable practicable’ Safe workplace, Safe across and egress to and from it

Question 8

HSWA 74

Section 2 2e

Answer 8

To provide ‘as far as is reasonable practicable’ Safe working environment with adequate welfare facilities

Question 9

HSWA 74

Section 2 3

Answer 9

Requires employers to prepare a written health and safety policy that includes, General Statement of Policy, Organisation and Arrangements

Policy must be brought to the attention of employees and a written policy is a legal requirement where employers has 5 or more employees

Question 10

HSWA 74

Section 2 4

Answer 10

Concerns the appointment of safety representatives by recognised trade unions

Question 11

HSWA 74

Section 2 6

Answer 11

Requires employers to consult with safety representatives

Question 12

HSWA 74

Section 2 7

Answer 12

Requires employers to establish a safety committee

Question 13

Define ‘as far as is reasonably practicable’

Answer 13

A duty holder must asses the degree of risk against the sacrifice involved in introducing control measures to eliminate/control risks

Measurement between risk - Cost, time and effort.

Question 14

HSWA 74

What does ‘shall’ mean

Answer 14

An ‘absolute’ duty

Question 15

HSWA 74

Section 3

Answer 15

Employers duty to non employees/ the public

Question 16

HSWA 74

Section 4

Answer 16

Controller of premises

Duties of ‘landlords and property managers’

Question 17

HSWA 74

Section 6

Answer 17

Details the duty of any person who Designs, Manufactures, Importers and Suppliers duties any articles or substance for use of work

Question 18

HSWA 74

Section 7

Answer 18

Employees duty to take care of themselves and others who may be affected by their acts/omissions at work

Question 19

HSWA 74

Section 8

Answer 19

No intentional or reckless misuse anything in the interests of health and safety or welfare

Question 20

HSWA 74

Section 9

Answer 20

States employers cannot charge employees for things done to achieve legal compliance

PPE

Question 21

HSWA 74

Section 36

Answer 21

Offences due to fault of others

Question 22

HSWA 74

Section 37

Answer 22

Personal liability of directors and senior managementhz

Question 23

Civil Law

What is ‘tort of negligence’?

Answer 23

A ‘tort’ is a civil wrong

Tort of negligence is the case that brought to civil court

Question 24

Civil Law

How does a claimant demonstrate negligence in court?

Answer 24

Was a duty of care owed?

Was duty of care breached?

Was there injury/loss as a direct result due to breach?

Question 25

Civil Law

Defences against tort of negligence?

Answer 25

• No duty of care owed
• No duty of care breached
• No injury/loss as a result of breach
• Contributory negligence
• Facts of case are false