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NEBOSH NGC 1 2019 > Element 1: Why We Should Manage Workplace Health and Safety > Flashcards

Element 1: Why We Should Manage Workplace Health and Safety Flashcards

1
Q

Definition of Welfare

A

Access To Basic Facilities Such As Toilet Facilities

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2
Q

What are the 3 main reasons why an organisation has to manage Health and Safety?

A

Moral, Economic & Legal

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3
Q

Definition of Safety

A

The Absence Of Risk Of Serious Personal Injury

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4
Q

Why have standards of Health & Safety improved over time?

A

A. Widespread access to knowledge, now ensures that anyone interested in Legal Standards or Best Practice, can find the relevant information.

B. Media coverage ensures that poor standards of Health & Safety are revealed.

C. People now take for granted, well designed and reliable equipment, a comfortable workplace, organised systems of work and high levels of training.

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5
Q

What are the 2 types of losses that an organisation may face?

A

A. Direct Costs

B. Indirect Costs

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6
Q

Give examples of Direct Costs?

A

First aid treatment

Employee sick pay

Repairs to, or replacement of, damaged equipment & buildings

Lost or damaged product

Lost production time whilst dealing with an injury

Overtime to make up for lost time

Costs associated with rehabilitating an employee

Fines in the criminal courts

Compensation payable to the victim….insurance premiums will go up

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7
Q

Give examples of Indirect Costs?

A

Loss of staff from productive duties due to investigate an incident, prepare reports, attend court proceedings, undertake hospital visits, deal with relatives, etc

Loss of staff morale - impacts on productivity & efficiency

Cost of remedial action - change of process or materials, introduction of further control measures

Compliance with any enforcement notice served

Cost of recruiting & training temporary or replacement labour

Loss of goodwill of customers - delays/fulfilling orders

Activation of Penalty Clauses for failing to meet delivery dates

Damage to public image & reputation

Damage to Industrial Relations - Industrial Action/Strikes

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8
Q

What 2 types of law create the framework for the regulation of Health & Safety?

A

Criminal Law

Civil Law

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9
Q

What is the maximum punishment that a Magistrates court can enforce?

A

£20,000 fine and/or 6 months imprisonment

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10
Q

What is the purpose of Criminal Law?

A

Punishing Companies or Individuals who have broken statute Health & Safety law

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11
Q

What is the purpose of Civil Law?

A

Compensating people who have been injured in work related accidents through no fault of their own

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12
Q

What are the 2 sources of law?

A

Statute & Common

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13
Q

What is the structure of the Criminal Courts?

A

Magistrates court, criminal division

Crown court, criminal division

Court of appeal

Supreme Court

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14
Q

What is Statute Law?

A

Made by parliament in the form of Acts & Regulations

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15
Q

What is the structure of the Civil courts?

A

County court, Civil division

High court, Civil division

Court of appeal

Supreme Court

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16
Q

What does Vicarious Liability mean?

A

The employer can be held liable for the negligent acts of his employees

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17
Q

Who are the enforcing authorities in Criminal law?

A

The Health & Safety Executive (HSE)

Local authorities

Environmental Health Officers (EHOs)

Environmental Protection Agency (EPA)

Fire & Rescue authorities

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18
Q

What is the role of the HSE?

A

Enforcement of HWSA and associated law

Reviewing existing legislation and making recommendations for change

Providing information and guidance

Conducting research

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19
Q

Under section 20 of the HSWA 1974, what powers do inspectors have?

A

To enter premises at any reasonable time

To take along a police officer if they feel that they may be obstructed

To take along technical assistance or equipment if necessary

To carry out examinations and investigations

To take photographs, drawings and measurements

To take samples of articles, substances and the atmosphere

To take possession of articles/substances as evidence or testing

To take statements and interview persons

To inspect documents

To receive reasonable facilities & assistance in conducting investigations

Any other power necessary in or order to fulfil their duty

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20
Q

What is the definition of Negligence?

A

Simply defined as a failure to take reasonable care when a duty to do so existed

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21
Q

What are the key criteria with regard to an Improvement Notice?

A

Issued by an inspector when he thinks that Health & Safety law is being breached or a breach has occurred and is likely to be repeated

Only issued if the inspector feels that there is NO risk of serious personal injury

The notice will specify a timescale to achieve minimum legal standards

Timescale for improvement cannot be less than 21 days

The notice is served on the person in charge (normally the employer)

You have 21 data to appeal against the notice

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22
Q

What must ALL employers provide (what are his SPECIFIC duties)?

A

HSWA 1974: 2(2)(a) Safe plant & systems of work

2(2)(b) Safe use, handling, storage & transport of articles & substances

2(2)(c) Information, instruction, training & supervision

2(2)(d) A safe workplace & safe access to it & egress from it

2(2)(e) A safe working environment with adequate welfare facilities

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23
Q

What must a claimant show in order to demonstrate negligence?

A

A duty of care was owed to them by the person/organisation

The duty of care was breached

They suffered an injury or loss as a direct result of the breach of duty of care

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24
Q

What does Section 40 “Reverse of Normal Burden of Proof” of HSWA 1974?

A

It reverses the normal burden of proof and puts the onus on the accused to demonstrate their innocence - innocence is based upon “the balance of probabilities”

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25
Q

What are the criteria with regard to a Prohibition Notice?

A

Issued when the inspector feels that there is a risk of serious personal injury

It will state the activity must stop until the problem has been remedied

No timescale is specified

Inspector does not need to see a breach of Health & Safety law

Served on person in control of activity - Usually employer

Any Appeal must be made within 21 days

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26
Q

Define the “Neighbour Principle”?

A

Reasonable care must be taken to avoid acts or omissions which, with reasonable foresight, you would know would be likely to injure your neighbour

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27
Q

What are the 3 proofs of negligence that might be used by a defendant?

A

No duty of care was owed to the claimant

Duty of care was not breached

No injury or loss sustained as a direct result of the breach

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28
Q

What is detailed under Section 6 “Designers’, Manufacturers’, Importers’ and Suppliers’ Duties” of the HSWA 1974?

A

Details the duties on any person who DESIGNS, MANUFACTURES, IMPORTS or SUPPLIES any article or substance for use at work.

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29
Q

What is the maximum punishment that a Crown Court can enforce?

A

Unlimited fine and/or 2 years imprisonment

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30
Q

Other than the 3 proofs of negligence, what other defences are available to a defendant?

A

Volenti non fit injuria

Contributory negligence

The facts of the case are disputed

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31
Q

According to the HSWA 1974, what OTHER duties must an employer do, in order to ensure safety?

A

Section 2(3) requires an employer to prepare a WRITTEN H & S POLICY.

Section 2(4) the appointment of safety representatives by recognised trade unions.

Section 2(6) requires the employer to consult with safety representatives.

Section 2(7) requires employers to establish a safety committee.

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32
Q

What are the 2 types of Enforcement Notice?

A

Improvement Notice

Prohibition Notice

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33
Q

Define Volenti non fit injuria?

A

The claimant was a willing volunteer and accepted the risk of personal injury when taking part in the activity. An employer cannot use this to defend a claim from an employee

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34
Q

What must a claimant show in order to demonstrate a breach of statutory duty?

A

The statutory duty was placed on the defendant

The statutory duty was owed to the claimant

The defendant was in breach of the statutory duty

The breach of the statutory duty caused the injury

The injury was of a type that the statute existed to prevent

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35
Q

What is “Double Barrelled Action”

A

Using both the “tort of negligence” and the “tort of breach of statutory duty” at the same time

36
Q

What is the main restriction on Vicarious Liability?

A

The employee has to be acting in the course of his employment when they commit the negligent act

37
Q

What is Regulation 3 “Risk Assessment” of the MHSWR 1999?

A

The employer shall make a suitable and sufficient assessment of the risks to both their employees and non-employees.

The assessment must be recorded if the employer has five or more employees.

The assessment must be reviewed and updated as necessary.

38
Q

In the context of Health & Safety law, why are Employment Tribunals important?

A

They hear appeals against enforcement notices

They hear appeals from Safety Representatives whose rights have been withheld

39
Q

What does Section 8 “Interference and Misuse” of the HSWA 1974 refer to?

A

Interference & Misuse. - No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of legal requirements.

40
Q

What does Section 2(1) “The Employer’s Duty to Their Employees” of the Health & Safety at Work Act 1974 relate to?

A

The employer owes a duty to his employees to ensure, so far as is reasonably practicable, their health, safety and welfare at work

41
Q

How would describe “Reasonably Practicable”?

A

“Risk” v “Cost” (Trouble, Time & Money). Consideration must be given to “Current Knowledge” & “Invention”

42
Q

What MUST a written Health & Safety policy include?

A

A general Statement of policy.

The Organisation of the company.

The Arrangements for carrying out the policy.

43
Q

When does a a Construction Project fall into the category of a “Notifiable” Project?

A

Where the Construction phase:

  • Lasts over 30 days and more than 20 workers and any one time.
  • Involves more 500 person days.
44
Q

Under Section 4 of the HSWA 1974, give examples of who might be a “Controller of Premises”?

A

A Landlord.

Commercial property management company.

45
Q

Under Section 6 of the HSWA 1974, what do Designers, Manufacturers, Importers & Suppliers have a duty to ensure?

A

Any article or substance will be safe to use.

Adequate TESTING takes place to ensure that it is safe.

The end user is provided with INFORMATION on safe use.

The end user is provided with revisions of that information as necessary.

46
Q

What does Section 7 “Employee’s Duties” of the HSWA 1974 state?

A

It state that it shall be the duty of every EMPLOYEE:

  • To take REASONABLE CARE for Health & Safety to HIMSELF and of OTHER PERSONS who may be affected by his ACTS or OMISSIONS at work.
  • To CO-OPERATE with the employer to enable compliance with legal requirements.
47
Q

Define Vicarious Liability?

A

An employer can be held liable for the negligent acts (or omissions) of his employees

48
Q

What does Section 3 “The Employer’s Duty to Others” of the HSWA 1974 relate to?

A

Section 3 places a duty on employers to ensure, so far as is reasonably practicable, that non-employees are not exposed to risks to their health and safety.

49
Q

What does Section 9 “Free of Charge to Employees” of the HSWA 1974 refer to?

A

Free of Charge to Employees. - The employer cannot charge his employee for things done to achieve legal compliance

50
Q

What does Section 36 “Offences Due to Fault of Others” of the HSWA 1974 refer to?

A

Offences Due to Fault of Others. - When an offence is committed by a company, and the offence is due to the act or default of some other person (consultancy advice, safety officer, etc), then that person may be charged & convicted of the offence.

51
Q

What is Regulation 4 “Principles of Prevention to be Applied” of the MHSWR 1999?

A

In implementing any preventive and protective measures, the employer must do so on the basis of some principles of prevention listed in Schedule 1 to MHSWR.

52
Q

What does Section 37 “Personal Liability of Directors and Senior Managers” of the HSWA 1974 refer to?

A

Personal Liability of Directors and Senior Managers. - Directors & Senior Managers may be held “personally liable” for breaches of the law. They can be prosecuted for offences committed by the company if it can be shown that they “consented”, “connived” or were “negligent in their duties”, in allowing the offence to be committed.

53
Q

Other than his employees, and under Section 3 of the HSWA 1974, who else does an employer have a duty to?

A

Clients

Visitors

Contractors

The Public

54
Q

What is Regulation 5” Health and Safety Arrangements” of the MHSWR 1999?

A

The employer must make arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

These arrangements must be recorded where the employer has five or more employees

55
Q

For Notifiable Projects, who are the 6 duty holders that CDM Regulations identify as must ensure safety?

A

Client

Principle Designer

Designers

Principal Contractor

Contractors

Workers

56
Q

According to CDM Regulations 2007, what should the Contractors ensure?

A

The client is aware of their duties under the CDM Regulations.

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

57
Q

When notifying the HSE of a Construction Project, what must you report?

A

The address of the construction site.

Brief description of project and construction work involved.

Contact details of the client.

Contact details of the principal designer.

Contact details of the principal contractor.

Planned date for the start of the construction phase and its planned duration.

Time allowed for planning and preparation for construction work.

Estimated maximum number of people at work on the site.

58
Q

What does MHSWR 1999 stand for?

A

Management of Health and Safety at Work Regulations 1999

59
Q

With regard to the “Management of Health and a Safety at Work Regulations 1999”, what must an employer ensure when conducting a Risk Assessment?

A

The Risk Assessment must be: Suitable & Sufficient.

Recorded - If the employer has 5 or more employees. Reviewed.

60
Q

Definition of Health

A

The Absence Of Disease Or ill Health

61
Q

According to CDM Regulations 2007, what should the Principle Designer ensure?

A

They plan, manage, monitor and co-ordinate health and safety during the pre-construction phase of the project.

The client is advised on the bringing together of pre-construction information that will be useful to designers and contractors.

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.

62
Q

In Statute Law, what does “ Shall”, mean?

A

It means an “Absolute” duty. This means that the requirement must be met, and there is no acceptable excuse for not doing so.

63
Q

A COMPETENT person is someone with sufficient:

A

Skills

Knowledge

Ability

Training

Experience

SKATE

64
Q

What does Regulations “Procedures for Serious and Imminent Danger” of the MHSWA 1999 refer to?

A

The employer must develop procedures to be implemented in the event of serious and imminent danger.

They must nominate a sufficient number of competent persons to implement these procedures.

Employees should be prevented from going into dangerous areas.

Where the employer needs to restrict access for health and safety reasons, only those who are suitably trained should be allowed to go into the areas (e.g. a high-hazard laboratory may have a coded lock).

65
Q

What does Regulation 7 “Health and Safety Assistance” of the MHSWA 1999 refer to?

A

The employer must appoint one or more competent persons to assist them in undertaking the measures they need to take to comply with health and safety law.

A competent person is someone with sufficient training and experience or knowledge and other qualities to enable them to give proper assistance.

66
Q

What must the employer provide information on, for his employees?

A

RISKS to their Health &

Safety Preventative CONTROL MEASURES

EMERGENCY PROCEDURES

67
Q

According to CDM Regulations 2007, what should the Designers ensure?

A

The client is aware of their duties under the CDM Regulations.

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.

68
Q

When should an employer take particular account of his employees Capabilities and Training?

A

When ALLOCATING TASKS

When they are FIRST RECRUITED

When they are EXPOSED TO NEW OR INCREASED RISKS

69
Q

What does Regulation 14 “Employees’ Duties” of the MHSWA 1999 refer to?

A

Employees must: Use equipment and materials in accordance with any instruction and training given.

Inform the employer of any work situation that represents serious and immediate danger to health and safety or any shortcomings in the employer’s arrangements for health and safety.

70
Q

What is Common Law?

A

Made by Judges, through precedents that they set by decision making. Eg: Wilsons and Clyde Coal Co. Ltd v English (1938)

71
Q

Define an “Expectant Mother”

A

A pregnant woman

72
Q

What are key things that an employer must do in relation to a “New” or “Expectant” mother?

A

Conduct a Risk Assessment.

If risk cannot be avoided, employer must alter working conditions or hours.

If risk can still not be avoided, employer must suspend woman on full pay.

The employer may have to suspend a Night Shift worker if notified by a medical practitioner.

The employer does not have to do any of the above until notified in writing about the woman’s status.

73
Q

According to CDM Regulations 2007, what should the Principal Contractor ensure?

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

74
Q

What are all Construction Projects subject to?

A

CDM Regulations. Construction Design Management.

75
Q

According to CDM Regulations 2007, what should the Client ensure?

A

Suitably competent designers and contractors are appointed.

Adequate pre-construction information is provided to the other dutyholders.

Principal designers and principal contractors carry out their duties.

A Construction Phase Plan for the project is prepared by the principal contractor before work starts.

The Health and Safety File is prepared by the principal designer for the building/structure and that this is made available for future reference.

Suitable welfare facilities are available during the construction phase.

Notifiable projects are notified to the HSE.

76
Q

When selecting a Contractor you need to assess their Competence. What EVIDENCE OF COMPETENCE could you ask to see?

A

A copy of their Health & Safety Policy.

Examples of Risk Assessments.

Qualifications and Training Records of staff.

Membership of a professional organisation or certified body.

Records of maintenance and testing for a Plant and Equipment.

Names of previous or current clients.

Accident history records.

Proof of adequate Insurance.

77
Q

Define a “New Mother”

A

A woman who has just given birth, up to 6 months after birth, or while still breast feeding.

78
Q

According to CDM Regulations 2007, what should Workers ensure?

A

Take reasonable care of their own health and safety and the health and safety of others who their work might affect:

Report anything that they see that could affect their own or others’ health and safety. Co-operate with all other dutyholders.

79
Q

List Insured costs

A

Damage to plant, buildings and equipment; compensation paid to workers; medical costs; legal costs arising from a claim for compensation.

80
Q

List uninsured costs

A

Production delays or downtime; loss of raw materials; accident investigation time; criminal fines; sick pay for injured workers; overtime to make up for lost production; hiring and training new employees; loss of business reputation.

81
Q

Explain Judicial precedent

A

Judicial precedent is the principle that a lower court (e.g. a Crown Court) must always follow the decisions of a higher court (e.g. the Supreme Court). Once a judgment has been made in a particular case, that decision will apply in any future cases which match the particular circumstances of the first. Cases which set precedents are invariably determined by the highest courts in the legal system (e.g. the Court of Appeal and the Supreme Court).

82
Q

What is delegated legislation?

A

Secondary regulations (such as MHSWR) made under powers given in the relevant primary legislation (an Act of Parliament; such as HSWA).

83
Q

Does an appeal against an enforement notce suspend the notice?

A

For an improvement notice, an appeal has the effect of suspending the operation of the notice until the appeal is heard (or withdrawn). For an appeal against a prohibition notice, the prohibition remains in force (unless the person appealing applies for the notice to be suspended and the tribunal gives permission).

84
Q

What is the difference between an abolute duty and a qaulified duty, and how may the duty be qaulified?

A

Absolute duties are those which have to be complied with at all times and in all circumstances – whoever has the responsibility of compliance has no choice about it. The word shall is used to impose an absolute duty.

Qualified duties only have to be complied with under certain conditions or to a certain extent:

‘…so far as is practicable’ means where it is technically possible it must be done; and

‘…so far as is reasonably practicable’ means where the level of risk justifies the cost (measured in time, trouble and money) of reducing the risk.

85
Q

Explain the specific type of procedure an employer must develop under MHSWR?

A

Under MHSWR, the employer must develop procedures to deal with serious and imminent danger.

86
Q

Define a young person for the purpose of MHSWR

A

A young person is anyone under the age of 18.

NEBOSH NGC 1 2019 (5 decks)

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