Element 1 - Why Should We Manage Workplace Health And Safety Flashcards
To go through important notes for the 1st element of NEBOSH
1
Q
Definitions of Health, Safety and Welfare
A
Health - absence of disease and ill-health
Safety - absence of risk to personal injury
Welfare - access to basic facilities such as toilets, first aid
2
Q
The 3 main reasons for managing workplace health and safety
A
Moral, financial and legal
3
Q
Moral reasons for managing health and safety
A
- Employers cover premises, equipment and working practices to produce services/products
- Right thing to do
- Need to go to work and come back in same condition
- Moral argument drives legislation
4
Q
Financial reasons for.managing health and safety
A
- Accident and property damage cost employers money
- There are direct/indirect costs associated with this, which can take an employer out of business
- Prevention of this is financial argument AKA business case
5
Q
Direct cost definition
A
Measurable costs arising directly from the accident
6
Q
Indirect cost definition
A
Costs which arise indirectly as a consequence of the accident
7
Q
Direct cost examples
A
Repairs/replacement of equipment, sick pay for employee, 1st aid treatment
8
Q
Indirect cost examples
A
Reduction in staff morale, difficulties in recruiting/retaining staff, damage to public image and reputation
9
Q
Under what act is it compulsory to have Employers Liability Insurance and what is the minimum amount a business must be insured for?
A
Employers Liability (Compulsory Insurance) Act 1969 and a minimum of £5million
10
Q
What type of things can insurance cover?
A
Damage to plant, buildings and equipment
Compensation to workers
Medical costs
Legal costs in a civil suite
11
Q
On average how many times more are uninsured costs compared to insured costs
A
8-36x more
12
Q
What type of things can insurance not cover
A
Compensation in a criminal suite Production delays Accident investigation time Sick pay for workers Loss of reputation
13
Q
While insurance can cover some things, companies will still need to pay some of the money towards it. True or False?
A
True, while insurance will cover payment of certain things, most insurance policies have a limit AND excesses
14
Q
Civil law definition
A
Compensation for workers who have been injured through no fault of their own
15
Q
Criminal law definition
A
Punishment of companies/individuals who have broken statute health and safety law
16
Q
Civil lawsuit conditions
A
Action brought by individual Intention is compensation Legal action must start within 3 years of accident Insurance can pay compensation Common law is used
17
Q
Criminal lawsuit conditions
A
Action brought by the state Intention is punishment No time limit Insurance cannot pay fine Statute law used
18
Q
Statute law definition
A
Statute law is made my Parliament through Acts/Regulations
19
Q
Common law definition
A
Common law is made my judges through precedent set by decision making
20
Q
Does an Act have full legal status? Give an example of an Act
A
Yes, Health and safety at work act 1974
21
Q
Does a Regulation have full legal status? Give an example of a Regulation
A
Yes, Management of health and safety at work regulations 1999
22
Q
What can a Regulation also be known as?
A
Delegated legislation
23
Q
Accepted Code of Practice (ACoP), does this have full legal status? Give an example of where you would find an ACoP
A
Special legal status, if not followed must prove something similar was done to get to same standard. One accompanies the Control of Substances Hazardous to Health Regulations 2002
24
Q
Guidance, does this have full legal status? Give an example of where you would find a guidance
A
No it does not, they just set out best practice. There is one found with the Manual Handling Operations Regulations 1992
25
What does common law rely on?
Judicial precedent - following precedent set in higher courts
26
Employers common law duties are based on which case?
Wilson and Clyde Co Vs English 1938
27
What does Wilson and Clyde Co Vs English 1938 stipulate?
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Appropriate training must be given
Safe place to work
Safe equipment to use
Safe working systems
Safe workers
```
28
Criminal law is enforced by which authority?
HSE and HSENI
29
What type of workplaces do the HSE and HSENI enforce the law?
Medium and high risk workplaces
30
What type of safety would the HSE/HSENI generally not enforce?
Fire safety
31
Powers of inspectors under Health and safety at work act 1974
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Enter premises
Bring police if at risk of obstruction
Bring technical assistance and help
Complete examinations and investigations
Take photos and measurements
Take samples of substances
Dismantle equipment
Take anything for evidence
Inspect documents
Any other power to fulfill duty
Seize and render harmless anything that has imminent danger
```
32
What are the 2 types of notices given by the HSE?
Improvement notices and Prohibition notices
33
Describe the Improvement notice
Only issued if no risk of personal injury
Activity can continue but improvements must be made and the notice will be on for a measured time period
Can appeal within 21 days
34
Describe the Prohibition notice
Issued if there is imminent risk of danger
Activity must stop immediately until issue is remedied
Notice has no timescale
Can appeal within 21 days
35
Where are appeals made?
Employment tribunals
36
Explain what happens to notices on appeal
Improvement notices are suspended
| Prohibition notices are upheld
37
What are the options on appeal?
Can cancel
Can uphold
Can uphold with a timescale
38
Penalties are set under which Act?
Health and Safety at Work Act 1974 more specifically Health and Safety Offences Act 2008
39
What 2 courts can give penalties or prosecute?
Magistrates Court and Crown Court
40
What are the penalties under Magistrates Court?
Unlimited fine and/or 6 months in jail
41
What are the penalties under Crown Court?
Unlimited fine and/or 2 years in jail
42
What is a Fee for Intervention?
A FFI allows HSE to recover costs for carrying out its regulatory duty from those in material breach of Health and Safety Law.
43
What law is the Fee for Intervention based on?
Health and Safety and Nuclear (Fees) Regulations 2016
44
What has HSE have to issue in order to be able to claim a Fee for Intervention?
Notification of contravention
An improvement/prohibition law
Prosecution
45
What is the current rate for Fee of Intervention?
£154 per hour
46
What information must the notification of contravention include?
The law the inspector's opinion relates to
Reason for their opinion
Notification a fee is due to the HSE
47
What is a simple caution and who uses them?
Used by Local Authorities, they are used in instances a full court case would lead to a conviction, the offender admits guilt to avoid the court case
48
Which office in Scotland decides when a simple caution is given?
Crown Office and Procurator Fiscal Service (COPFS)
49
What are the 3 types of offences that can be given?
Summary Offences
Indictable Offences
Triable Either Way Offences
50
Describe a Summary Offence
Minor offences, always decided in Magistrates Court
51
Describe a Indictable Offence
More serious offence, decided by judge and jury in Crown Court
52
Describe a triable either way offence
May either be tried as summary offences in Magistrates or heard by judge and jury in Crown Court.
53
Which Offence do most Health and Safety Offences fall into?
Triable Either Way Offences
54
Where does the burden of proof lie in Health and Safety cases brought under the Health and Safety at Work Act?
The burden of proof is on the accused to prove their innocence and that on balance of probabilities they did all they could.
55
Who can be charged with manslaughter in the workplace?
Individuals and organisations
56
What law is the manslaughter sentencing based on?
Corporate Manslaughter and Corporate Homicide Act 2007
57
Under the Corporate Manslaughter and Corporate Homicide Act 2007, the organisation will be found guilty if the way the organisation managed or organised its activities...
Caused a persons death
Amounts to a gross breach of their duty and care to the deceased AND if the way the organisation is managed contributed to this gross breach
58
You can be charged under both Corporate Manslaughter and Corporate Homicide Act 2007 and Health and Safety at Work Act. Which sections can you be charged under as an individual/organisation?
Individual - Section 7
| Organisation - Section 2
59
What is the tort of negligence?
A tort is a civil wrong and negligence is the failure to take reasonable care when a duty to do so existed
60
What law determines duty of care?
Common law
61
To demonstrate negligence, the claimant must:
Demonstrate duty of care was owed by defendant
This duty of care was breached
They suffered a forseeable injury or loss as a direct result of this breach
62
From which case does duty of care stem?
Donoghue vs. Stevenson 1932. Woman becomes ill after drinking ginger beer with a decomposed snail, and she sued the manufacturer.
63
Describe the neighbour principle
Reasonable care must be taken to avoid acts or omissions which, with reasonable foresight, you would know would be likely to injure your neighbour
64
Describe breach of duty
-Any violation or omission of a legal or moral duty
-
Did the defendant behave in a reasonable manner, in which the breach may be by act or omission
65
Name the defences against tort of negligence
No duty of care owed
Duty of care not breached
No foreseeable injury, ill health as a direct result
Volenti non fit injuria - accepted risk when completing work
Contributory negligence
Facts of case are disputed
SARAH Act 2015 - where injury was caused for the greater good ie first aid
66
Describe contributory negligence
Partial defence where part of the blame is contributed to someone else
67
Describe vicarious liability
An employer can be held liable for the negligent acts of their employees
68
Restrictions of vicarious liability
Needs to be employed by that employer
| Needs to be working when they commit the act
69
When is the only time tort of negligence of statutory duty can be used as a basis to sue an employer as an employee?
When you are a new or expectant mother
70
What is the term used when heath and safety legislation cannot be used solely for civil claims? And what section refer to this?
Statute barred and section 47
71
Where does the Health and Safety at Work Act cover
All workplaces and work activities in GB
72
What does Section 2(1) of the Health and Safety at Work Act cover?
General duties of employers to employees
73
What is the general duty of employers to employees?
To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all [their] employees
74
What does as far as reasonably possible mean?
Assessing the degree of risk vs sacrifice involved with control measured. If gross disproportion then sacrifice does not need to be made.
75
Explain "shall" vs "practicable" in terms of law
Shall used in statute law means it is an absolute duty., meaning it must be met and there is no acceptable excuse for not doing so.
Practicable means duty must be complied with to the extent of current knowledge and invention. If it is possile it must be done however if it is not possible it does not need to be done.
76
What does Section 2(2) of the Health and Safety at Work Act cover?
Specific duties of the employer to their employees
77
What are the specific duties for employers to employees?
As far as is reasonable practicable:
- Safe plant and systems of work
- Safe use, handling, storage and transport of articles and substances
- Information, training, instruction and supervision
- A safe workspace and safe access and egress from it
- A safe working environment with adequate welfare facilities
78
What does Section 2(3) of the Health and Safety at Work Act cover?
Written health and safety policy when there are more than 5 employees
79
What does Section 2(4) of the Health and Safety at Work Act cover?
Appointment of safety representatives
80
What does Section 2(6) of the Health and Safety at Work Act cover?
Employers to consult with safety representatives
81
What does Section 2(7) of the Health and Safety at Work Act cover?
Employers to establish a safety committee
82
What does Section 3 of the Health and Safety at Work Act cover?
A duty for employers to reasonably ensure non-employees are not exposed to risks to their health and safety
83
What does Section 4 of the Health and Safety at Work Act cover?
Duties for people who have control over non-domestic premises ie landlords to make sure premises are safe, any items provided are safe to use and that means of access and egress are safe.
84
What does Section 6 of the Health and Safety at Work Act cover?
Any person that designs manufactures, imports or supplies any substance or article for use at work
85
What should Section 6 dutyholders ensure as far as reasonable practicable?
Design/construction are safe when being set cleaned used and maintained
Substances are safe when used handled stored or transported
Testing and exams are done
End users are provided with info on safe use
End users should get information should a dangerous hazard become known.
86
What does Section 7 of the Health and Safety at Work Act cover?
Duties of employees to take reasonable care for health and safety of themselves and other people
Co-operate with employer to enable compliance
87
What does Section 8 of the Health and Safety at Work Act cover?
States no person shall intentionally interfere with or misuse anything provided for health and safety reasons
88
What does Section 9 of the Health and Safety at Work Act cover?
Employers cannot charge employees for anything done to achieve legal compliance
89
What does Section 36 of the Health and Safety at Work Act cover?
States that when an offence committed by a company is due to the fault of someone else, that person can be charged of the offence
90
What does Section 37 of the Health and Safety at Work Act cover?
Directors and senior managers of a company may be found guilty for breaches that the company are found guilty of.
91
Where does the Management of Health and Safety at Work Regulations 1999 cover?
All workplaces and all work activities
92
What is the difference between the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations 1999?
One is an Act, one is a Regulations.
| The Regulations are a lot more specific whereas the Act is a lot more general
93
What does Regulation 3 of the Management of Health and Safety at Work Regulations 1999 cover?
Risk Assessments
94
Explain in more detail what Regulation 3 (Risk Assessments) of the Management Regs state
Shall make a suitable and sufficient assessment of risks
Assessment must be recorded if over 5 employees
Must be reviewed and updated
95
What does Regulation 4 of the Management of Health and Safety at Work Regulations 1999 cover?
Principles of Prevention to be Applied
96
What does Regulation 5 of the Management of Health and Safety at Work Regulations 1999 cover?
Health and Safety Arrangements
97
Explain in more detail what Regulation 5 (H&S Arrangements) in Management Regs state
Employer must make arrangements for effective planning organisation control monitoring and review of preventative and protective measures
These arrangements must be recorded if over 5 employees
98
What does Regulation 7 of the Management of Health and Safety at Work Regulations 1999 cover?
Health and Safety Assistance
99
Explain in more detail what Regulation 7 (H&S Assistance) in Management Regs state
Must appoint 1 or more competent people to assist in helping to comply
Competent person is someone with training experience and knowledge
100
What does Regulation 8 of the Management of Health and Safety at Work Regulations 1999 cover?
Procedures for Serious and Imminent Danger
101
Explain in more detail what Regulation 8 (Serious and Imminent Danger) in Management Regs state
Must develop procedures in the event of serious and imminent danger
Must nominate people to implement these
Employees must be prevented from going into dangerous areas
102
What does Regulation 10 of the Management of Health and Safety at Work Regulations 1999 cover?
Information for Employees
103
Explain in more detail what Regulation 10 (Info for Employees) in Management Regs state
Employer must provide information on risks to their health and safety, preventative control measures and emergency procedures
104
What does Regulation 13 of the Management of Health and Safety at Work Regulations 1999 cover?
Capabilities and Training
105
Explain in more detail what Regulation 13 (Capabilities and Training) in Management Regs state
Must take into account capabilities when allocating tasks
Must provide adequate health and safety training when first recruited and if exposed to new/increased risks
Training should be repeated periodically
106
What does Regulation 14 of the Management of Health and Safety at Work Regulations 1999 cover?
Employees’ Duties
107
Explain in more detail what Regulation 14 (Employees Duties) in Management Regs state
Use equipment and materials in accordance with any instruction and training
Inform the employer of any work situation that represents serious and immediate danger
108
What does Regulation 16-18 of the Management of Health and Safety at Work Regulations 1999 cover?
Protection of New and Expectant Mothers
109
What does Regulation 19 of the Management of Health and Safety at Work Regulations 1999 cover?
Protection of Young Persons
110
Definition of a contractor
A person/organisation engaged to undertake certain work on behalf of a client
111
Definition of a client
A person or organisation who engages a contractor
112
What regulations dictate the management of construction projects?
Construction (Design and Management) Regulations 2015
113
Who do the contractor company owe a duty to?
Their employees
| Other people affected by their work
114
Who do the client owe a duty to?
Their employees
| Other people affected by their work
115
Health and safety for a contractor working for a client is solely the responsibility of the client. True or false?
False, the responsibility is shared between both contractor and client
116
How does a client manage contractors?
Through selection, planning/co-ordination and monitoring/managing
117
State some of the health and safety things to consider when selecting a contractor
```
Copy of health and safety policy
Risk assessments
Qualifications
Records of maintenance
Details of previous clients
Proof of insurance
```
118
State how a client would plan/coordinate with the contractor
Talking about hazards from both sides
Carry out risk assessments
Co-ordination of work to avoid conflict
119
State how a client would monitor/manage the contractor
Sign in and out procedure
Site induction
Permit to work system
Monitoring work against risk assessment
120
CDM regulations identify 6 dutyholders, name them
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Client
Principal designer
Principal contractor
Designers
Contractors
Workers
```
121
CDM Regulations also state a document that must be prepared, what is it
Construction Phase Plan
122
CDM Regs state a document that must be produced if more than 1 contractor was used, what is it?
Health and Safety File
123
When must you notify the HSE when it comes to construction projects?
Lasts more than 30 days and involves more than 20 workers at one time OR involves more than 500 worker hours
124
When a construction project becomes notifiable who notifies the HSE?
Client
125
What is the client's duty under CDM
Suitable contractors are appointed
Make sure principal designer/principal contractor carry out their duties
Construction Phase Plan is prepared bt the principal contractor
H&S File prepared by the principal designer
Provide suitable welfare facilities
Notifiable projects are notified to HSE
126
What is the principal designers duties under CDM
Coordinating H&S in the pre-construction phase
Eliminates/minimises risks created by project
Prepare H&S File
Proper communication/co-operation/co-ordination
127
What is the principal contractor's duties under CDM
Coordinating H&S in the construction phase
Prepare the construction phase plan and keep it up to date
Secure the site
Make sure workers are consulted on h&s issues and induction is given
128
What are the designers' duties under CDM
Work under principal designer
Make client aware of duties under CDM
Make sure design minimises risk
Pass on design info to principal designer, client and contractors
129
What are the contractors' duties under CDM
Work under principal contractor
Make client aware of duties under CDM
Plan/manage work to decrease and control risk
Workers have the skills and knowledge to complete work
Appropriate info given to workers
130
What is included in a construction phase plan
Management plan for construction phase includes:
Project description
Management of work
Arrangements for controlling site risks
131
What is included in a H&S File
```
Information about new/modified structure includes:
Description
Residual hazards
Key structural principles
Hazardous materials
```
