Occupational Health And Safety Ngc1 (Element 1).

Front 1

What legal status do HSWR have?

Back 1

Passed by Parliament.
Statutory instruments.
Full legal status.

Front 2

Why may H&S not be seen as a priority by the management of an organisation?

Back 2

Competes with other priorities such as production of goods and services which is the basic rationale of an organisation. May be seen as an unproductive cost.

Front 3

Define Health.

Back 3

The physical condition of both body and mind of all people in the workplace (employees, contractors and visitors) and their protection from harm in the form of injury or disease.

Front 4

Define Safety

Back 4

Relates to the conditions at the workplace and applies to the persuit of a state where the risk of harm has been eliminated or reduced to an acceptable level.

Front 5

Define Welfare

Back 5

Relates to the general well being of primarily employees. Promotion of conditions that help to provide for their needs in respect of:
Health
Comfort
Social and personal well being.
Not a specific concern of H&S but H&S measures may help to promote it.

Front 6

Define Environmental Protection

Back 6

1) The workplace general conditions in the immediate vicinity e.g. Lighting, noise, heat etc.
2) External environment. Pollution or damage, due to workplace activities, of air, land, water and living creatures.

Front 7

Why should an organisation manage H&S?

Back 7

1) Moral.
2) Legal
3) Economic or financial.

Front 8

Give example number 1 of how societal expectations can result in higher standards of H&S.

Back 8

Legal cases indicate requirements such as "Safe Place of Work" change over the years and act as drivers for increasing standards.

Front 9

Give example number 2 of how societal expectations can result in higher standards of H&S.

Back 9

Better staff may only work for employers with high standards.

Front 10

Give example number 3 of how societal expectations can result in higher standards of H&S.

Back 10

Media ensures best practice is known by everyone and establishes a norm that people expect.

Front 11

Give direct costs from a workplace accident.

Back 11

Damaged product.
First aid and treatment costs.
Repair or replacement of damaged equipment.
Worker sick pay.
Production downtime.
Overtime.

Front 12

Give indirect costs following a workplace accident.

Back 12

Low worker morale.
Damaged business reputation.
High staff turnover and associated recruitment costs.

Front 13

What is the legal status of ACOPS?

Back 13

Special legal status.
Give guidance of how to comply with duties set out in regulations.
May be used as evidence.
Defendant must show other means of compliance that was as least as effective.

Front 14

What is the legal status of HSE guidance materials.

Back 14

Purely advisory. No legal status.

Front 15

What is the difference between criminal and civil law in respect of:
Remedy sought.

Back 15

Criminal law:
Punishes through fines or imprisonment.
Civil law:
Seeks restitution for wrong done in the form of damages for losses suffered.

Front 16

What is the difference between criminal and civil law in respect of:
Burden of proof.

Back 16

Criminal law:
Proved guilty beyond reasonable doubt.
Civil law:
Determined on the balance of probabilities.

Front 17

What is the difference between criminal and civil law in respect of:
Who starts action.

Back 17

Criminal law:
Action started by state.
Civil law:
Action started by aggrieved person.

Front 18

Explain the principal of judicial precedence.

Back 18

Inferior court always follows decisions of higher court.
Once judgement has been made, that decision will apply to any future cases that match the circumstances of the first

Front 19

What is delegated legislation?

Back 19

Regulations which have the full force of statute law.
Made under powers given to Goverment Ministers under Acts of Parliament such as HSWA.

Front 20

What established the common law duties of employers?

Back 20

Principally Wilsons & Clyde Coal Company Ltd v English 1938.

Front 21

Common law duties of employer.

Back 21

A safe place of work with safe access to and from it.
Safe plant and equipment.
A safe system for doing the work.
Safe and competent workers.
Appropriate supervision, information, instruction and training.

Front 22

What is the difference between and improvement notice and a prohibition notice?

Back 22

Prohibition notice:
Served in anticipation of danger when inspector thinks imminent danger exists or will be created in future.
Improvement notice:
Served where contravention of H&S law is taking place or has taken place and is likely to continue (but is not necessarily dangerous).

Front 23

Does an appeal against an enforcement notice suspend the notice?

Back 23

Improvement notice:
Appeal has the effect of suspending the operation of the notice until appeal is heard or withdrawn.
Prohibition notice:
Prohibition remains in force unless the person appealing applies for the notice to be suspended and a tribunal gives permission.

Front 24

What role do employment tribunals have in H&S?

Back 24

Hear appeals against enforcement notices.
Hear appeals from safety reps who feel that their rights have not been upheld by the employer.

Front 25

The test of negligence - number 1

Back 25

The defendent was under a duty of care to the claimant (injured party).

Front 26

The test of negligence - number 2

Back 26

The duty had been breached.

Front 27

The test of negligence - number 3

Back 27

The claimant suffered damage as a direct result of the breach.

Front 28

What is the relationship of the regulations to HSWA?

Back 28

HSWA is an enabling Act and describes only general duties. The detail of what these duties involve is provided by the various regulations. These regulations are made under the Act.

Front 29

What are the 2 main enforcement agencies for H&S under HSWA in the UK?

Back 29

The H&S Executive and the local authoritires.

Front 30

Powers of inspectors under Section 20 of HSWA?

Back 30

To enter premises at any reasonable time.
To take along a police officer if they believe they are going to be obstructed.
To take along technical assistance or equipment if necessary.
To take photographs, drawing and measurements.
To carry out any necessary examinations and investigations.
To direct that premises (in whole or in part) or items within the prmises are left undisturbed.
To take samples of articles or substances and of the atmosphere.

Front 31

Define an absolute duty.

Back 31

Those which have to be coplied with at all times and in all circumstances.
Whoever has the responbsibility of compliance has no choice about it.
The word SHALL is used to impose an absolute duty.

Front 32

Define a qualified duty.

Back 32

Only have to be complied with under certain conditions
1) where practicable means where it is technically possible
2) where reasonably practicable means where the level of risk justifies the cost measured in time, trouble and money of reducing the risk.

Front 33

What specific types of procedure must the employer develop under MHSWR?

Back 33

Procedures to deal with a serious and imminent danger.

Front 34

State the legal duty for recording risk assesments.

Back 34

Where the employer has 5 or more employees.

Front 35

What is criteria for a client choosing a contractor?

Back 35

Their H&S policy.
Examples of risk assesments.
References.
Insurance.
Qualifications of staff.
Membership of professional organisations.
Test and maintenance records for plant and equipment.
Accident history.

Front 36

What type of construction projects are notifiable projects?

Back 36

Construction phase planned to last over 30 days or involve more than 500 person days.

Front 37

CDM Regs: Client Duties?

Back 37

Appoint competent people to act as:
CDM co-ordinator.
Principal contractor.
Ensure appointed designers and contractors are competent.
Allocate adequate resources for H&S and ensure appointed persons have adequate resources.
Ensure initial H&S plan has been prepared before construction phase starts.
Provide information to CDM co-ordinator regarding hazards on land or buildings.
Retain H&S file and make it available to those who work on the site/structure in the future.

Front 38

CDM Regs: Duties of CDM co-ordinator?

Back 38

Co-ordinates H&S at the design and planning phase.
Co-ordinates the Preparation of an initial H&S plan.
Notification of projects to HSE.
Preperation of H&S file.
Hands over H&S file to client on completion.

Front 39

CDM Regs duties of principal contractor 1?

Back 39

Develops H&S plan for construction phase.

Front 40

CDM Regs duties of principal contractor 2?

Back 40

Co-ordinates activities of all contractors especially H&S.

Front 41

CDM Regs duties of principal contractor 3?

Back 41

Ensures only authorised people allowed on site.