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NEBOSH Diploma Part A > HSWA > Flashcards

HSWA Flashcards

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1
Q

Facts ref H&S legislation before HSWA

A

first legislation in 1833
four inspectors for whole of UK
reaction to Industrial Revolution - mining, manufacturing, new machines, child labour

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2
Q

Facts about early H&S legislation

A

selective
prescriptive
hardware based
difficult to interpret

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3
Q

Robens committee

A

1970 - 72

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4
Q

Task of Robens committee

A

review the provision made for H&S in relation to work
consider if changes needed in scope or nature of enactments
the nature and extent of voluntary action in relation to enactments
any further steps needed to safeguard public

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5
Q

Robens conclusions

A

needed radical overhaul
outdated, duplicated laws
too much law
should be simplified
needed to move more to goal setting rather than prescriptive - say what needs to be achieved, not how to achieve it
prescriptive where appropriate, e.g. HSE licensing (Ionising Radiation Regs 2017)
framework law supported by regs, ACOPs
guidance to assist interpretation & complinace
form an H&S inspectorate

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6
Q

Robens outcomes

A

replace existing law with one enabling act
apply to all at work and others who may be affected
create HSC and HSE
replace details with basic principles of general application
more emphasis on software - ssws, training, supervision
new methods of enforcement, not just prosecution

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7
Q

Pre 1974 legislation

A

Factories Act 1961
Offices Shops & Railway Premises ACt 1963
Other acts

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8
Q

Section 2(1)

A

ensure so far as is reasonably practicable the health safety and welfare at work of all employees

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9
Q

Section 2(2) a

A

provide and maintain plant & systems that are so far as reasonably practicable without risks to H&S

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10
Q

Section 2(2)b

A

have arrangements sfarp for ensuring safety and absence of risks to health in connection with the ujse, handling, storage and transportation of articles & substances

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11
Q

Section 2(2)C

A

provide such information instruction & training and supervision as is necessary sfarp to ensure the H&S and welfare at work of employees

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12
Q

Section 2(2)d

A

sfarp maintain place of work in a condition that is afe and without risks to H&S
provide and maintain safe access & egress

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13
Q

Section 2(2)E

A

provide and maintain a working environ that is sfarp without risks to health and adequate as regards facilities and arrangements for employee welfare at work

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14
Q

section 2(3)

A

prepare written general H&S policy
organisation & arrangements for carrying out the policy
revise when appropriate
bring statement and any revision to notice of employees

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15
Q

when to revise H&S policy

A

regular intervals
accident
significant change - in process, equipment, personnel

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16
Q

section 2(4)

A

appointment of safety reps from trade unions

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17
Q

section 2(5)

A

election of safety reps

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18
Q

section 2(6)

A

requirement to consult with trade union safety reps

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19
Q

section 2(7)

A

establish a safety committee if requested by trade union safety reps

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20
Q

section 3(1)

A

duty to conduct undertaking in a way to ensure sfarp that persons not in his employment who may be affected by his work are not exposed to risks to their H&S

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21
Q

Case law ref section 2(c) and 3(1)

A

R v Swan Hunter 1982
Fire on HMS Glasgow when contractors failed to disconnect hose from oxygen supply at end of shift
8 killed, 2 firemen in hospital
No training given ref oxygen enrichment to contractor, had been given to employees
guilty under 2(2) - endangering employees by not providing info to contractor
reasonably practicable to inform contractor

22
Q

Case law ref 3(1)

A

R v Associated OctEL 1996
chemical plant closed for maintenance
repair of tank lining done by contractors
acetone vapour ignited when bulb of lamp shattered
Octel guilty under section 3(1)

23
Q

Section 3(2)

A

self employed to look after himself and others who may be affected by his work sfarp

24
Q

Section 3(3)

A

provide information on risks from employers undertaking to others who may be affected

e.g. neighbours

25
Q

Section 4

A

persons in control of premises
ensure safety of people who work in the premises
ensure safer access & egress
ensure plant or substances in the premises or provided for use are safe

26
Q

Section 5

A

control of harmful emissions into the atmosphere
use best practicable means to prevent noxious or offensive substances being emitted into the air
render such substances harmless

27
Q

Section 6

A

designers, manufacturers, importers, suppliers
ensure that articles sfarp are designed and constructed so as to be safe when being set, cleaned, used and maintained by a person at work
must be tested and info provided

28
Q

Section 7

A

duties of employees
take reasonable care for the health and safety of himself and others who may be affected by his acts or omissions
cooperate with employer to enable him to meet his statutory obligations

29
Q

Section 8

A

no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of H&S and welfare
have to prove intent (guilty mend = mens rea)

30
Q

Section 9

A

no employer shall levy any charge in respect of anything done or provided in pursuance of any specific requirement of the statutory provisions

31
Q

Section 15

A

power to make regulations
proposal submitted by HSE after consultation with anyone affected (unions, CBI, trade assocs)
power to make, repeal or modify

32
Q

Section 16

A

hse power to approve and issue ACOPs giving guidance on how to comply
HSE approved but HSE must consult first and requires consent of minister
quasi legal status of ACOPs - defendant to show complied with or did something equal or better
HSE must give written notice to approve, revise or withdraw

33
Q

Section 18

A

enforcement
local authority = shops, offices, catering, entertainment

HSE - all other areas, e.g. factories, quarries, mines, construction sites

34
Q

Section 19

A

Inspector appointment

inspector issued a warrant which specifies the powers they have been given

35
Q

Section 20

A 
Powers of inspectors
enter premises with or without warrant
investigate
leave premises / areas undisturbed
take measurements, photos, samples, tests
inspect / take copies of documents
confiscate or dismantle
interview anyone
take written statements
may be under caution
facilities must be provided for the HSE inspector
36
Q

Section 21

A

improvement notices
where H&S legislation is breached and will continue
inspector’s opinion
must specify what has been breached and why
may state what action is needed

37
Q

Section 22

A 
prohibition notices
risk of serious personal injury
stops the work activity
can be immediate or deferred
doesn't have to be breach of law, but must say so if there has been
must state what gives rise to the risk
38
Q

Section 24

A

right to appeal against a notice to employment tribunal
appeal within 21 days
improvement notice suspended
prohibition notice stays in place

39
Q

Section 33

A

offences, penalties, prosecution
summary or indictment
fines
imprisonment

40
Q

Health & Safety offences Act 2009

A

designed to provide more deterrent
penalties did not reflect gain from failing to comply
magistrates - unlimited fine, 12 mths prison
crown court - unlimited fine, 2 yrs prison

sections 2,3,4,6,7,37

41
Q

Implications of Health & Safety offences Act 2009 for directors

A

prison even if no death

may be reluctant to take on H&S responsibility, be H&S champions

42
Q

Section 36

A

offences due to fault of other person
if person A commits offence because of person B
person B guilty (section 7) even if person A not prosecuted
first person may be corporate body, contractor, health and safety consultant and 2nd person an employee

43
Q

Section 37

A

if offence committed with consent / connivance of director, manager, secretary or other officer, then they can be prosecuted

44
Q

Case law ref Section 37

A

R v Port of Tilbury 2007
child fell from forklift
unclamped reel of paper fell off
prosecution claimed it was common practice
MD prosecuted as he had ultimate responsibility
crown court said needed specific knowledge
court of appeal - MD was guilty if he knew the facts or he ought to have known

45
Q

Section 39

A

HSE inspector may prosecute at a magistrates court

46
Q

Section 40

A

onus of proving limits of what’s practicable

accused to prove why not practicable / reasonably practicable, or that there was no better practicable means

47
Q

Section 47

A

no right to civil action under section 2-8 if there’s been a successful prosecution

exception = pregnant workers so that pregnant workers directive implemented = right of pregnant worker to enforce their rights

48
Q

Case law - section 36

A

R v Hooper 2004
Hooper safety consultant
wood working company got him to do risk assessments
did these poorly
as a result accident happened where worker lost part of finger
wood working company in breach because no suitable & sufficient RA due to Hooper.
Hooper also prosecuted

49
Q

Section 28

A

HSE inspectors required to provide info to employees

50
Q

Section 23

A

enforcement notice can be withdrawn or extended by inspector

NEBOSH Diploma Part A (15 decks)

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