NG1 Element 1 - Flash Cards

1
Q

What is meant by “indirect costs” of a workplace accident?

A

Indirect costs are hidden (such as loss of worker morale; reputation damage).

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2
Q

What is the typical content of a CDM construction health and safety plan?

A
  • Project description.
  • Health and Safety objectives.
  • Site rules.
  • Risk control measures.
  • Co-operation / consultation arrangements.
  • Welfare facilities.
  • Emergency procedures.
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3
Q

What is an “uninsurable” accident cost?

A
  • Costs that are NOT covered by employers’ liability insurance, insurance excess.
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4
Q

What is an “Approved code of practice”?

A
  • 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.
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5
Q

In the terms of Absolute, Practicable and Reasonably practicable, what is meant by “Reasonably practicable”?

A

A balance between risk (likelihood and severity) and sacrifice (time, trouble, effort, money).

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6
Q

What are the duties of the Principal designer under the CDM regulations?

A
  • 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).
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7
Q

What are the powers of an “Enforcement inspector”?

A
  • 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.
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8
Q

What are an employee’s duties under HASAWA section 7?

A
  • Take reasonable care own and others health and safety.
  • Co-operate with employer to enable employer to fulfil statutory duties.
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9
Q

What are the differences between “Criminal law” and “Civil law”?

A
  • 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”.
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10
Q

What are the duties of the Client under the CDM regulations?

A
  • 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.
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11
Q

What is an “Act”?

A
  • Approved by parliament.
  • Given Royal assent.
  • Law of land.
  • Failure to comply can lead to enforcement action.
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12
Q

What are the “Principles of prevention” (MHSW regulation 4)?

A
  • 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.
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13
Q

What are the defences against a “negligence claim”?

A
  • No duty owed.
  • No breach.
  • No loss.
  • Loss not “reasonably foreseeable”.
  • Passage of 3 years (statute of limitations).
  • Contributory negligence.
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14
Q

What is a “Regulation”?

A
  • Proposed by HSE.
  • Approved by secretary of state.
  • Law of the land.
  • Failure to comply can lead to enforcement action.
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15
Q

What is the difference between “insurable” and “uninsurable” accident costs?

A

Some losses are covered by insurance (such as compensation payout) others are not (such as loss of production).

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16
Q

What is a meant by “direct costs” of a workplace accident?

A

Direct costs are visible (such as sick pay; loss of production).

17
Q

What is the typical content of a CDM construction “health and safety file”?

A
  • Work carried out.
  • Residual hazards.
  • Structural principles.
  • Hazardous materials used.
  • Special installation / dismantling information.
  • Cleaning / maintenance information.
  • Location of services.
  • As-built drawings.
18
Q

What is POCMAR in relation to MHSW regulation 5?

A
  • Planning.
  • Organisation.
  • Control.
  • Monitor.
  • Audit.
  • Review.
19
Q

What is the difference between an “indirect” and “direct” accident costs?

A
  • Direct costs are visible (such as sick pay, loss of production).
  • Indirect costs are hidden (such as loss of worker morale, reputation damage).
20
Q

What are an employee’s duties under MHSW regulation 14?

A
  • Use equipment provide in accordance with training.
  • Report defects with control measures.
  • Report serious hazards.
21
Q

What is meant by “Vicarious liability”?

A

If an employee, acting in course of employment, injures another employee the employer will be held vicariously liable for the loss.

22
Q

What are an employer’s duties under HASAWA section 2?

A

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).
23
Q

In the terms of Absolute, Practicable and Reasonably practicable, what is meant by “Absolute”?

A

Absolute is “must” or “shall”.
Duty holder HAS to comply with.

24
Q

Give examples of “insurable” accident costs.

A
  • Injury.
  • Ill-health.
  • Damage to equipment / buildings.
25
Q

What are the reasons for managing health and safety?

A
  • Moral.
  • Legal.
  • Financial.
26
Q

What are the “common law duties” of an employer?

A
  • A safe place of work.
  • Safe systems of work.
  • Safe plant and equipment.
  • Competent employees.
27
Q

What needs to be “proven” for a negligence claim to be successful?

A
  • Duty owed.
  • Breach of duty.
  • Loss arising from breach.
28
Q

What are the duties of the Principal contractor under the CDM regulations?

A
  • 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.
29
Q

Give examples of “indirect costs” associated with workplace accidents.

A
  • Loss of morale.
  • Investigation costs.
  • Loss of goodwill /orders.
  • Loss of reputation.
  • HSE fees for intervention (FFI) costs.
30
Q

In the terms of Absolute, Practicable, and Reasonable practicable, what is meant by “Practicable”?

A

If “in the light of current knowledge and invention it can be done, it must be done.”

31
Q

What is “Guidance”?

A
  • Maybe HSE or industry.
  • Helps understanding of law.
  • Gives technical advice.
  • Not legally required to follow.
32
Q

Give examples of “uninsurable” accident costs.

A
  • Sick pay.
  • Lost output.
  • Repairs.
  • Insurance excess.
  • Investigation costs.
  • Overtime.
  • Fines.
  • Loss of expertise.
33
Q

What is an “insurable” accident cost?

A
  • Costs that are covered by employers’ liability insurance, compensation payout.
34
Q

Give examples of “direct costs” associated with workplace accidents.

A
  • Sick pay to injured workers.
  • Damaged plant or equipment.
  • Lost production.
  • Fines.
  • Compensation payout.
  • Replacement labor.
35
Q

Give the meaning of “negligence”.

A

Careless conduct injuring another, or “any act or omission which falls short of a standard to be expected of the reasonable person”.