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Nebosh GC - Sept 2019 Standard > NG1 - element 1 > Flashcards

NG1 - element 1 Flashcards

1
Q

Give examples of barriers to good Health and Safety

A
  • Pressure of production
  • Pressure of performance standards
  • Financial constraints
  • Complexity of organisations
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2
Q

HSE mission is to encourage organisations to….

A
  • Improve Health and Safety systems to reduce injuries and illnesses
  • Demonstrate the importance Health and Safety issues at board level
  • Report publicly on Health and Safety issues within their organisation including their performance against targets
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3
Q

What is the definition of Health

A

The protection of bodies and minds of people from illness resulting from the materials processes or procedures used in the workplace

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4
Q

What is the definition of Safety

A

The protection of people from physical injuries

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5
Q

What is the definition of Welfare

A

The provision of facilities to maintain health and wellbeing of individuals at the workplace eg toilets, lighting, heating

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6
Q

What is the definition of Environmental protection

A

Arrangements to cover those activities in the workplace which effect the environment eg water, air, soil. Activities include waste disposal, prevention of contamination, or atmospheric pollution

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7
Q

What is the HSEs definition of an accident

A

Any unplanned event the results in injury or ill health of people or damage or loss to property, plant, materials or the environment, or a loss of a business opportunity

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8
Q

Define Near Miss

A

Any incident that could have resulted in an accident

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9
Q

Define Dangerous Occurrence

A

This is a near miss that could have led to a serious injury or loss of life

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10
Q

Occupational H and S applies to…

A

All industries, businesses, charities

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11
Q

List the barriers that get in the way of good standards of H and S

A 
Time 
Poor Mgt attitude 
Lack of planning 
unrealistic targets 
lack of competence 
complexity of the organisation 
poor equipment and maintenance 
lack of staff 
poor H and S culture
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12
Q

What are the 3 main reasons for maintaining good standards of H and S

A

Moral
Legal
Financial

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13
Q

Explain the moral reasons

A

accidents cause harm, even death

accidents inflict pain and suffering on employees or others

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14
Q

Explain the legal reason

A

avoids prosecutions for not complying with the law, eg the Health and Safety at Work Act 1974

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15
Q

Explain the financial reasons

A

Avoids fines from non compliance and

fines from compensation costs. Allows for continuity of work and production that maximises profits.

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16
Q

Insured costs could be…

A

Injury, ill health, damage

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17
Q

Uninsured costs could be….

A

Production, material damage, legal costs, emergency supplies, cleaning up site, production delays, temporary labour, investigation time, prosecution fines (criminal)

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18
Q

Consider Employers Liability (Compulsory Insurance) Act 1969

A

Legal requirement
Employer must insure for £5 million
Penalty of up to £2500 per day if uninsured
None display of insurance certificate = £1000

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19
Q

List the 6 pack of regulations

A

Management of Health and Safety at Work Regs 1999
Provision and Use of work Equipment Regs 1998
Workplace (Health, Safety and Welfare) Regs 1992
Health and Safety (display screen equipment) Regs 1992
Manual Handling Operations Regs 1992
Personal Protective Equipment Regs 1992

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20
Q

PUWER regs 1998 =

A

Provision and Use of work Equipment Regs 1998

21
Q

MHSWR 1999 =

A

Management of Health and Safety at Work Regs 1999

22
Q

Criminal Law is enacted through parliament as…

A

Acts of Parliament - eg Health and Safety at Work Act 1974

23
Q

Under criminal law you are….

A

innocent until proven guilty

24
Q

(criminal law) the Crown Prosecution Service has to….

A

prove beyond reasonable doubt, through evidence that an offence was committed, the defendant will be guilty or not guilty

25
Q

Define the term ‘Practicable’

A

Practicable means it must be done, irrespective of cost, inconvenience or difficulty

26
Q

Define the term ‘Reasonably Practicable’

A

if the law states you must do everything so far as ‘Reasonably Practicable’ you must consider the risk of injury compared to the cost time and effort. If no action is taken you must be able to prove the cost, time and effort grossly outweighed the risk.

27
Q

Who can enforce legal compliance?

A 
Crown Prosecution service (manslaughter / corporate manslaughter) 
FRS 
LA  
HSE 
EA
28
Q

Explain ‘double barrelled action’

A

(Civil law) the claimant may sue for more than one breach of law; such as negligence and breach of statuary duty

29
Q

HSWA 1974

Section 2 =

A
  1. General duties of employers to their employees.
30
Q

HSWA 1974

Section 3 =

A
  1. General duties of employers and self-employed to persons other than their employees.
31
Q

HSWA 1974

Section 4 =

A
  1. General duties of persons concerned with premises to persons other than their employees.
32
Q

HSWA 1974

Section 6 =

A
  1. General duties of manufacturers etc. as regards articles and substances for use at work.
33
Q

HSWA 1974

Section 7 =

A
  1. General duties of employees at work.
34
Q

HSWA 1974

Section 8 =

A
  1. Duty not to interfere with or misuse things provided pursuant to certain provisions.
35
Q

HSWA 1974

Section 9 =

A
  1. Duty not to charge employees for things done or provided pursuant to certain specific requirements.
36
Q

HSWA 1974

Section 36 =

A
  1. Offences due to fault of other person.
37
Q

HSWA 1974

Section 37 =

A
  1. Offences by bodies corporate.
38
Q

SFARP =

A

So Far As Reasonably Practicable

39
Q

What are the duties under the HSW Act 1974 - section 2

A

(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

40
Q

What are the duties under the HSW Act 1974 - section 3

A

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

41
Q

What are the duties under the HSW Act 1974 - section 4

A

It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

42
Q

What are the duties under the HSW Act 1974 - section 6

A

Duties on persons who (SFARP) design, manufacture, import, supply, erect or install articles
or substances.
They must ensure:
•A safe design with safe means of installation & testing of articles
•Articles do not affect health and safety when properly used
•Substances are safe to SHUT ( storage, handling, use and transportation) & dispose of
•Arrangements for or carry out testing & examination prior to putting to market
•Provision of information for safe use
•A recall procedure is in place…

43
Q

What are the duties under the HSW Act 1974 - section 7

A

Employees duties: It shall be the duty of every employee
Sec 7a
To take reasonable care of the H&S of himself & others who may be affected by their acts or omissions
Sec 7b
Cooperate with employer or other person in the carrying out of their statutory duties…

44
Q

What are the duties under the HSW Act 1974 - section 8

A

No person shall intentionally or recklessly interfere with or misuse anything provided in the interest of H&S or welfare in pursuance of statutory provisions…

45
Q

What are the duties under the HSW Act 1974 - section 9

A

training, PPE, first aid requirements, welfare facilities etc….

46
Q

What are the duties under the HSW Act 1974 - section 36

A

Offences due to fault of other persons
Where an offence is committed due to act or default of another person (i.e. supervisor), then that
person shall be guilty of the offence, whether or not the first person is charged.

47
Q

What are the duties under the HSW Act 1974 - section 37

A

Offences by bodies corporate
Where offences committed by organisations are proved to be with the consent or connivance or
are attributable to any neglect by any director or other similar officer, he/she as well as the
organisation shall be liable to prosecution…

48
Q

Which 2 Act’s can an organisation be charged against for a work related death?

A
  1. HSW Act 1974

2. Corporate Manslaughter and Corporate Homicide Act 2007

Nebosh GC - Sept 2019 Standard (1 decks)

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