Health & Safety at Work Act (1974)

Question 1

Since the HSAW Act was formed it has created several regulations to help in the interpretation of the act. The regulations can also be referred to be:
a. Statutory Acts
b. Delegated Regulations
c. Acts of Parliament
d. Principle Acts
e. Principle of Transparency

Answer 1

B

Question 2

The HSAW is described as an AoP which written in full means:
a. Approval of Parliament
b. Act of Parliament
c. Actioned by Parliament
d. Acting on behalf of Parliament

Answer 2

C

Question 3

Under the HSWA statutory instruments impose a hierarchy of liabilities on duty holders. One of these implores duty holders to measure on a scale the quantum of risks against the sacrifice or effort required to mitigate their effect. What level of liability requires this sort of action?
a. Absolute liability
b. Practicable liability
c. Reasonably practicable liability
d. All of the above

Answer 3

C

Question 4

Under the HSWA what does COSHH stand for what? a. Control of substances harmful to health
b. Control of substances hazardous to health
c. Control of solutions hazardous to health
d. Control of substances harmful to health

Answer 4

B

Question 5

Under the HSWA what does MEWP stand for what? a. Machines Elevating Working Platforms
b. Mobile Elevated Work Platforms
c. Mobile Elevating Work Platforms
d. Mobile Elevating and Working Platforms

Answer 5

C

Question 6

With regard to H&S enforcement, which one of the following statements is false?
a. Repeated breaches evidenced by several improvement notices can equate to gross negligence
b. Death on site after a breach of an improvement notice is equivalent to gross criminal negligence
c. A near miss accident due to failure to comply with an improvement notice is equivalent to gross negligence
d. None of the above

Answer 6

D

Question 7

With regard to HSWA, there are nearly 70 regulations underneath it. These are best defined as:
a. Approve Acts of Parliament
b. Enabling Acts of Parliament
c. Delegated Acts of Parliament
d. Delegated regulations or statutory instruments

Answer 7

D

Question 8

Which two of the following are true about SIs?
a. Regulations independent of a Statutory Act
b. Regulations delegated by Parliament under an Act
c. Independent Statutory Acts of Parliament
d. Regulations introduced to close loopholes under the Act

Answer 8

B & D

Question 9

Following death on site, an employer is found not to have done a risk assessment. Under the HSWA, which hierarchy of liability will have been breached which requires that such action shall be taken due to the inevitability of fatal injury or death?
a. Absolute liability
b. Practicable liability
c. Reasonably practicable liability
d. All of the above

Answer 9

A

Question 10

Which One of the following is true about ACOP?
a. They are statements of preferred practice in industry
b. Recommended means of compliance with the requirements of the Act
c. Practice developed after consultation with industry
d. Applies to anyone who has a duty of care under the Act
e. All of the above

Answer 10

E

Question 11

Which two of the following are false under the HSWA ?
a. Statutory instruments are delegated under the Act
b. Construction regulations are binding under the Act
c. Duty holders can choose to ignore to comply with an ACoP
d. Duty holders are better placed complying with guidance under an ACoP
e. Employers are only responsible to supply PPE to those under their direct employment, temporary or casual staff must bring their own PPE.

Answer 11

C & E

Question 12

Which two of the following do not enhance personal liberties of duty holders guilty under the HSWA
a. Once in breach, employer must be prosecuted under a high test of ‘beyond reasonable doubt’
b. Victims can successfully bring a civil suit before criminal prosecutions are concluded
c. Successful prosecution in a civil case is based on balance of probability
d. In a civil case, victims can seek personal compensation as level of proof rests with the employer
e. In a civil case, victims can seek personal compensation as level of proof rests with them.

Answer 12

B & D

Question 13

Under the HSWA statutory instruments impose a hierarchy of liabilities on duty holders, some of which are mandatory in nature. Which level of liability requires action to be taken irrespective of difficult, sacrifice, inconvenience, time or cost?
a. Absolute liability
b. Practicable liability
c. Reasonably practicable liability
d. All of the above

Answer 13

B

Question 14

With regard to the level of guilty due to civil breaches under the HSWA, which two of the following are false.
a. A victim has to prove their case based on the balance of probability
b. Employer or guilty party has to prove their case based on the balance of probability
c. Victim has to prove their case beyond reasonable doubt d. Employer or guilty party has to prove their case beyond reasonable doubt
e. The level of guilty by employer is tested against liability and extent of liability.

Answer 14

C & D

Question 15

Under the HSWA what does LOLER stand for? a. Lifting Operational and Lofting Equipment Regulations
b. Lifts Operated for Lifting Equipment Regulations
c. Lifting Operations and Lifting Equipment Regulations 7
d. Lifts Operations and Lifting Equipment Regulations

Answer 15

C

Question 16

In construction industry, which one of the following can be defined as legislation with Royal Assent and would therefore impose obligations on duty holders?
a. Environmental Protection Act
b. Sale of Goods Act
c. Supply of Goods and Services Act
d. Road Traffic Act
e. All of the above.

Answer 16

E

Question 17

Which one of the following is false about ACOP?
a. An approved code of practice does not necessarily contain the only acceptable ways of achieving the standard required by the Act
b. An approved code does not have the same legal force as a Statutory Instrument
c. Failure to comply with a code of practice is, in itself, an offence
d. Observance of a relevant code of practice may be taken as evidence of good practice in a court.
e. Failure to comply with a code of practice is, in itself, not an offence.

Answer 17

C

Question 18

Which of the following is not true about risk assessments?
a. Project Manager must undertake a risk assessment at the beginning of the project
b. Project managers must undertake the risk assessment first thing in the morning
c. Project manager must stop the work only when risk assessment copy is not traceable
d. Project manager must only taken stringent action once there is evidence of a near miss.
e. All of the above

Answer 18

E

Question 19

In relation to ‘the vicarious liability’ which two of the following statements are true?
a. Employers are responsible for the actions of their workers
b. Means that all workers and others are responsible for their own actions
c. Workers are responsible only for their own torts
d. Employers are responsible for the torts and actions of workers and others.

Answer 19

C & E

Question 20

Which of the following risks should be considered when planning to use MEWPs?
a. Poor visibility while working at height
b. Ensuring the control gear can not jam in the ‘on position’
c. The ground underneath is not uneven
d. Ensuring there are no objects which might accidentally fall and knock the controls levers
e. All of the above

Answer 20

E

Question 21

Which one the following hierarchy of controls activities hinges on the duties vested in the architect or designer?
a. Elimination of a hazard/risk at the design stage
b. Isolation of the hazard while planning for work sequence
c. Providing PPE for workers on site
d. Changing the culture for everyone in organisation

Answer 21

A

Question 22

When working in Confined Spaces which of the following is false?
a. There should always be a top man to ensure worker in the space is not working in isolation.
b. The a rescue plan is pre-planed and approved before the work begins
c. A permit if obtained before entering the space
d. A test for gas concentration is done prior to allowing someone to enter the space. e)None of the above

Answer 22

E