Typical Examination Question (with answers) From the Management of Health & Safety Paper NGC1

1.

(a) Define the term 'Negligence' (2)
(b) Outline the THREE standard conditions that must be met for an employee to prove a case of alleged negligence against an employer. (6)

Answers

(a) Negligence is a civil wrong (delict/tort) involving unreasonable, careless conduct or a breach of common law duty of care resulting in loss, damage or injury.
(b)

1. A duty of care was owed by the employer
2. There was a breach of that duty
3. The breach led directly to the loss, injury or damage.

2. Explain with examples the meaning of the follow terms:

(i) 'Hazard' (2)
(ii) Risk (3)
(iii) 'So far as is reasonably practicable' (3)

Answers

(i) Hazard - Something with the inherent ability to cause harm
(ii) Risk- The degree•of exposure to the harm x the potential harm factor

(iii) So far as is reasonably practicable - Assessing risk i.e. the potential harm against sacrifice i.e. the cost in terms of money loss of production or other costs

3. Outline with an example of each the difference between a HSC approved codes of practice and a HSE guidance note. (8)

Answers

An ACOP is a practice approved by the HSC with the consent of the Secretary of State and is a recognised interpretation of how an employer may comply with their associated legislation. Although failure to comply is not in itself an offence, the failure may be cited in court in criminal proceedings.
Employers would need to show the met the requirements of the ACOP or show they complied with an equal or better standard. An example is the ACOP to the Management of Health and Safety at Work Regulations 1999
Guidance is is ued by the HSE with the intentions of giving advice on good practice Guidance is normally more practically based than ACOP's and has no legal standing in a court of law.
Examples include those issued on manual handling or Display screen equipment

4. Outline the difference between civil law and criminal law. (8)

Answers

Among the differences are Civil law provides remedies while criminal law punishes. The burdens of proof are different in civil law 'On a balance of probability', .in criminal law 'beyond all reasonable doubt'. In civil law the parties involved are two civil bodies (individuals or corporate bodies) whereas in criminal cases it is the state and an individual or corporate body.
There are differences in the sources of law with criminal law generally written in statutes and civil law by judicial precedent

5. (a) Explain giving an example in each case the circumstance under which a health and safety inspector may serve;

(i) An improvement notice• (3)
(ii) A prohibition notice (3)

(b) State the effect on each type of enforcement notice of appealing against it. (2)

Answers

Improvement notices are issued when an inspector believes a statutory duty is being, or likely to be breach. For example carrying out work which may have significant risks associated with it and which no risk assessment has been made.
Prohibition notices are issued when the inspector considers there is imminent danger. For example, working with a crane in close proximity to high voltage power lines with no specific safety arrangements.
An appeal against an improvement notice would mean the notice is set aside until the appeal is heard. In the case of an appeal against a prohibition notice the notice will stand until the appeal is heard.

6. Outline the powers given to health and safety inspectors under The Health and Safety at Work etc Act 1974 (8)

Answers

Powers given to inspectors include:

• Gain access, without a warrant, to a workplace at any reasonable time.
• Employ police to assist them, where necessary.
• Take equipment, etc on to premises to assist in investigations.
• Carry out examinations and investigations as deemed necessary.
• Direct that locations remain undisturbed for as long as he/she deems necessary.
• Take measurements, photographs and samples.
• Take statements; remove certain records and documents.
• Require facilities to assist with enquiries.
• Issue improvement or prohibition notices
• Instigate criminal proceeding against individuals or corporate bodies for breaches of criminal law
• Do anything else necessary to enable his/her duty to be carried out.