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NEBOSH Diploma Part A > HSWA > Flashcards

HSWA Flashcards

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outdated, duplicated laws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
Section 4
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
Section 5
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
Section 6
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
Section 7
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
Section 8
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
Section 9
no employer shall levy any charge in respect of anything done or provided in pursuance of any specific requirement of the statutory provisions
31
Section 15
power to make regulations proposal submitted by HSE after consultation with anyone affected (unions, CBI, trade assocs) power to make, repeal or modify
32
Section 16
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
Section 18
enforcement local authority = shops, offices, catering, entertainment HSE - all other areas, e.g. factories, quarries, mines, construction sites
34
Section 19
Inspector appointment | inspector issued a warrant which specifies the powers they have been given
35
Section 20
``` 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
Section 21
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
Section 22
``` 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
Section 24
right to appeal against a notice to employment tribunal appeal within 21 days improvement notice suspended prohibition notice stays in place
39
Section 33
offences, penalties, prosecution summary or indictment fines imprisonment
40
Health & Safety offences Act 2009
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
Implications of Health & Safety offences Act 2009 for directors
prison even if no death | may be reluctant to take on H&S responsibility, be H&S champions
42
Section 36
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
Section 37
if offence committed with consent / connivance of director, manager, secretary or other officer, then they can be prosecuted
44
Case law ref Section 37
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
Section 39
HSE inspector may prosecute at a magistrates court
46
Section 40
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
Section 47
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
Case law - section 36
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
Section 28
HSE inspectors required to provide info to employees
50
Section 23
enforcement notice can be withdrawn or extended by inspector

NEBOSH Diploma Part A (15 decks)

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