NG1 Element 1 - Flash Cards
What is meant by “indirect costs” of a workplace accident?
Indirect costs are hidden (such as loss of worker morale; reputation damage).
What is the typical content of a CDM construction health and safety plan?
- Project description.
- Health and Safety objectives.
- Site rules.
- Risk control measures.
- Co-operation / consultation arrangements.
- Welfare facilities.
- Emergency procedures.
What is an “uninsurable” accident cost?
- Costs that are NOT covered by employers’ liability insurance, insurance excess.
What is an “Approved code of practice”?
- Advise on how to comply with law; proposed by HSE.
- Approved by secretary of state.
- “Quasi legal”.
- If not following duty holder needs to prove something equally effective was done.
In the terms of Absolute, Practicable and Reasonably practicable, what is meant by “Reasonably practicable”?
A balance between risk (likelihood and severity) and sacrifice (time, trouble, effort, money).
What are the duties of the Principal designer under the CDM regulations?
- Eliminate / control hazards.
- Ensure other designers carry out duties.
- prepare information for other duty holders.
- Liaise with principal contractor.
- Gather information for (health and safety file).
What are the powers of an “Enforcement inspector”?
- Enter any premises.
- Take a police constable with them.
- Take any other person with them.
- Order that areas be left undisturbed.
- Take measurements, photographs.
- Carry out tests on, and / or confiscate.
- Articles and substances.
- Inspect and take copies of documents.
- Seize any article or substance.
- Interview and take written statements.
- Take enforcement action.
What are an employee’s duties under HASAWA section 7?
- Take reasonable care own and others health and safety.
- Co-operate with employer to enable employer to fulfil statutory duties.
What are the differences between “Criminal law” and “Civil law”?
- Civil deals with torts (negligence).
- Individual v organisation.
- Provides a remedy (compensation).
- Loss necessary.
- Insurance available.
- Civil courts; time limited.
- On “balance of probabilities.
- Criminal deals with offences against society.
- State v individual or organisation.
- No loss necessary.
- No insurance available.
- Criminal courts.
- No time limit.
- “beyond reasonable doubt”.
What are the duties of the Client under the CDM regulations?
- Make suitable arrangements for project.
- Select other duty holders.
- Allocate time and resources.
- Provide information to duty holders.
- Ensure other duty holders carry out duties.
- Provision of welfare facilities.
What is an “Act”?
- Approved by parliament.
- Given Royal assent.
- Law of land.
- Failure to comply can lead to enforcement action.
What are the “Principles of prevention” (MHSW regulation 4)?
- Avoid risks.
- Evaluate when can’t avoid.
- Control at source.
- Adopt work to individual.
- Adapt to technical progress.
- Replace dangerous with non / less dangerous.
- Policy for prevention.
- Collective measures before.
- Instruction and training.
What are the defences against a “negligence claim”?
- No duty owed.
- No breach.
- No loss.
- Loss not “reasonably foreseeable”.
- Passage of 3 years (statute of limitations).
- Contributory negligence.
What is a “Regulation”?
- Proposed by HSE.
- Approved by secretary of state.
- Law of the land.
- Failure to comply can lead to enforcement action.
What is the difference between “insurable” and “uninsurable” accident costs?
Some losses are covered by insurance (such as compensation payout) others are not (such as loss of production).
What is a meant by “direct costs” of a workplace accident?
Direct costs are visible (such as sick pay; loss of production).
What is the typical content of a CDM construction “health and safety file”?
- Work carried out.
- Residual hazards.
- Structural principles.
- Hazardous materials used.
- Special installation / dismantling information.
- Cleaning / maintenance information.
- Location of services.
- As-built drawings.
What is POCMAR in relation to MHSW regulation 5?
- Planning.
- Organisation.
- Control.
- Monitor.
- Audit.
- Review.
What is the difference between an “indirect” and “direct” accident costs?
- Direct costs are visible (such as sick pay, loss of production).
- Indirect costs are hidden (such as loss of worker morale, reputation damage).
What are an employee’s duties under MHSW regulation 14?
- Use equipment provide in accordance with training.
- Report defects with control measures.
- Report serious hazards.
What is meant by “Vicarious liability”?
If an employee, acting in course of employment, injures another employee the employer will be held vicariously liable for the loss.
What are an employer’s duties under HASAWA section 2?
Ensure, SFARP, health, safety and welfare of employees at work:
- SFARP provide safe plant and systems of work.
- Safe handling, use, storage of substances.
- Information, instruction, training, supervision.
- Maintenance of workplace, including access / egress.
- Safe and healthy work environment and welfare facilities.
- Written HS policy (> 5 employees).
- Make provision for consultation (HS reps and HS committees).
In the terms of Absolute, Practicable and Reasonably practicable, what is meant by “Absolute”?
Absolute is “must” or “shall”.
Duty holder HAS to comply with.
Give examples of “insurable” accident costs.
- Injury.
- Ill-health.
- Damage to equipment / buildings.
What are the reasons for managing health and safety?
- Moral.
- Legal.
- Financial.
What are the “common law duties” of an employer?
- A safe place of work.
- Safe systems of work.
- Safe plant and equipment.
- Competent employees.
What needs to be “proven” for a negligence claim to be successful?
- Duty owed.
- Breach of duty.
- Loss arising from breach.
What are the duties of the Principal contractor under the CDM regulations?
- Liaise with the client and principal designer.
- Prepare construction Health and Safety plan.
- Organise contractor cooperation.
- Provide inductions.
- Control site access.
- Engage workers.
- Make welfare facilities available.
Give examples of “indirect costs” associated with workplace accidents.
- Loss of morale.
- Investigation costs.
- Loss of goodwill /orders.
- Loss of reputation.
- HSE fees for intervention (FFI) costs.
In the terms of Absolute, Practicable, and Reasonable practicable, what is meant by “Practicable”?
If “in the light of current knowledge and invention it can be done, it must be done.”
What is “Guidance”?
- Maybe HSE or industry.
- Helps understanding of law.
- Gives technical advice.
- Not legally required to follow.
Give examples of “uninsurable” accident costs.
- Sick pay.
- Lost output.
- Repairs.
- Insurance excess.
- Investigation costs.
- Overtime.
- Fines.
- Loss of expertise.
What is an “insurable” accident cost?
- Costs that are covered by employers’ liability insurance, compensation payout.
Give examples of “direct costs” associated with workplace accidents.
- Sick pay to injured workers.
- Damaged plant or equipment.
- Lost production.
- Fines.
- Compensation payout.
- Replacement labor.
Give the meaning of “negligence”.
Careless conduct injuring another, or “any act or omission which falls short of a standard to be expected of the reasonable person”.