NGC1

Question 1

Definitions of
Health
Safety
Welfare

Answer 1

Health-absence of disease

Safety- absence of risk of serious injury

Welfare- adequate facility’s that the worker needs for basic functions eg toilets

Question 2

Knowledge of health and safety

Multi disciplinary

Answer 2

Technical background
Standard for the work place
Strengths and weaknesses of various options

Physical, chemical, biological

Question 3

Barriers to health and safety

Answer 3

Complexity in task and workplace
Conflicting demands: cost and speed
Behaviour-individually and company culture

Question 4

Direct costs

Answer 4

First aid treatment
Sick pay
Repairs 
Lost or damaged products
Lost production time
Overtime
Cost for rehabilitation 
Fines from court

Question 5

Indirect costs

Answer 5

Loss of staff to investigation, court, reports, hospital visits

Loss of moral

Remedial action

Compliance with notices

Bad reputation

Can’t find new staff

Penalty clauses

Question 6

Reasons to manage H&S

Answer 6

Legal

Moral

Financial

Question 7

Criminal law

Answer 7

Action from the state

Intention is punishment

Insurance cannot pay the fine

Statute law as source

Burden of proof on prosecution-guilt beyond reasonable doubt

Question 8

Civil law

Answer 8

Action by individuals

Compensation

Have to start within 3 years - statue of limitations

Insurance can pay comp

Common law used - previous rulings

Burden on claimant prove case “on balance of probabilities

Question 9

Statute law

Answer 9

Acts- eg HASAWA 74 written by parliament

Regulations- acts allow regs to be written eg MOHASAWR 99

ACoPs- explain how to meet acts and regs.
Special legal status, base line for standards

Guidance- no legal status but helpful to interpret regs

Question 10

Common law

Answer 10

Not recorded, based of previous cases, judges or several judges, can set precedent for future cases, lower courts cannot rule against higher court

Question 11

Structure of criminal court

Answer 11

Magistrates

Crown

Court of appeal

Supreme Court

Question 12

Structure of civil court

Answer 12

County court

High court

Court of appeal

Supreme Court

Question 13

EU influences

Answer 13

Directives

Regulations - imposes legal standard

Question 14

Enforcement agency’s

Answer 14

HSE
EA
ORR
CPS
POLICE
FIRE
EHO

Question 15

HSE powers

Answer 15

Enter at reasonable time
Take police or experts
Examine and investigate anything
Photographs, drawings measurements
Take any evidence eg laptops, documents, items
Take statements
Take copies of docs
Section 25 HSWA

Question 16

Two notices from HSE

Answer 16

Improvement-21 day appeal, notice suspended, employment tribunal

Prohibition-21 day appeal, stays in place, employment tribunal

Both have to be for specific activities

Question 17

Failure to comply

Answer 17

Magistrates- unlimited fines, 6 months prison, 5 year exclusion from director

Crown- unlimited fines, 24 month prison, 15 years exc being director

Question 18

FFI

Answer 18

Fee For Intervention

Question 19

Three types of offence

Answer 19

Summary- minor offences, magistrates

Indictable- more serious, a formal document, magistrates

Triable Either way- either summary magistrates or in crown court, more serious, magistrates send it up, requested to be heard by judge jury

Question 20

Defences

Answer 20

No breach
No duty owed
Damage was from other breach
Contributory negligence
Act of god
To those who are willing no harm is done
No damage or loss