Health and Safety Foundations Unit 1

Revision Question 1
(1) Why may health and safety not be seen as a priority by
the management of an organisation?

Answer ---Health and safety has to compete with other

management priorities, particularly those associated with the
production of goods and services which is the basic rationale of an
organisation. It may be seen as an unproductive cost which conflicts
with the requirement to keep costs low.
(2) Define:

(i) An accident
(ii) A dangerous occurrence
(iii) A hazard
(iv) A risk

Answer ---

An accident --An undesired and unplanned event, usually

(but not necessarily) resulting in personal injury, damage or loss.
A dangerous occurrence --An event or situation that could
harm employees at work, in such a way that there is a legal
requirement to report it.
A hazard --A situation with the potential to cause harm or
danger.
A risk--- The likelihood that harm from a particular hazard may
be realised.
(3) What two types of hazard are there?

Answer---Unsafe conditions and unsafe acts.

(4) What factors are assessed in determining the magnitude

of a risk?

Answer ---The number of people likely to be affected by the harm

from a hazard, and the severity of the harm that may be suffered.
(5) What is the difference between the civil and criminal law
in respect of
 (i) The remedy sought?
(ii) The burden of proof?
(iii) The instigator of the action?

Answer ---(i)The criminal law seeks to punish the wrong doer

(through fines or imprisonment) whilst the civil law seeks
restitution for the wrong done, in the form of damages for losses
suffered and/or an injunction to prevent repetition of the wrong.
(ii) Under criminal law, the case must be proved beyond
reasonable doubt, whereas under civil law it is determined on
the balance of probabilities.
(iii) Criminal actions are brought by the Crown Prosecution
Service (or equivalent body in Scotland or Northern Ireland)
or by a body specifically empowered to take such action.
Civil actions are brought by the aggrieved person.

(6) Explain the doctrine of precedence

Answer ---The doctrine of precedence requires that an inferior court

must always follow the decisions of a higher court. Thus, once a
judgement has been made in a particular case, that decision will
apply in any future cases which match the particulars of the first.
Cases which set precedents are invariably determined by the
highest courts in the legal system (primarily, the Court of Appeal or
the House of Lords).

(7) What is delegated legislation?

Answer --Regulations which have the full force of statute law issued
by ministers and other bodies under powers given to them by Acts of
Parliament

(8) If Parliament is supreme, how can the courts be involved

in the interpretation of statute law?
Answer ---The validity of delegated legislation and the decisions of
various official bodies may be challenged by an aggrieved person
and the courts may rule on it
Revision Question 2
(1) What are the common law and statutory duties of
employers

Answer --- To provide and maintain a safe place of work, a safe

system of work, safe plant and equipment, and to employ competent
and diligent people, properly trained and supervised.

(2) What is the difference between an improvement notice

and a prohibition notice?

Answer --- Prohibition notices are served in anticipation of danger,

whereas an improvement notice is served where a contravention of
health and safety law is taking place, or has taken place, and is
likely to continue (but is not necessarily dangerous).

(3) Does an appeal against an enforcement notice suspend

the notice?

Answer --- For an Improvement Notice, the bringing of an appeal

has the effect of suspending the operation of the notice until the
appeal is heard or withdrawn. When an appeal is notified against a
Prohibition Notice, the prohibition remains in force unless the person
appealing applies for the notice to be suspended and the tribunal so
directs.

(4) What role do employment tribunals have in health and

safety?

Answer --- Employment tribunals hear appeals against enforcement

notices.

(5) What are the tests of negligence?

Answer --- The three tests are

− That the defendant was under a duty of care to the claimant
(injured party)
− That the duty had been breached
− That as a result of the breach the claimant suffered damage –
the harm suffered being not too remote from the breach.
 (6) How does civil liability arise?
Answer --- Civil liability arises from a breach of the duty of care
owed to others under common law, or from a breach of statutory
duty.

Revision Question 3
(7) What is the legal status of

(i) EU Directives?
(ii) Approved Codes of Practice?
(iii) HSE Guidance Notes

Answer --- (1)EU Directives lay down objectives to be achieved

by each member state over a specified time period, usually 1 - 2
years, and each member state must change its own law to meet
these objectives, but can do so in whichever way it deems
appropriate
(ii)ACoPs provide detailed guidance on how to comply with the
duties set out in HSWA and its associated regulations. They
do not lay down legal requirements, but not complying with
them may be taken as evidence that the law itself is not
being complied with, unless it can be proved that compliance
with the law has been achieved in some other way.
(iii) The information contained in HSE guidance materials is
purely advisory and has no legal significance.

(8) What is the relationship of the health and safety

regulations to HSWA?

Answer --- HSWA is an enabling Act and prescribes only general

duties. The detail of what these duties involve is provided by the
various regulations. These are made under the provision of section
15 of HSWA and form part of the Act.

(9) What is the difference between an absolute duty and a

qualified duty, and how may the duty be qualified?
Answer --- Absolute duties are those which have to be complied
with at all times and in all circumstances – whoever has the
responsibility of compliance has no choice about it. Qualified duties
only have to be complied with under certain conditions – where it is
“practicable” to meet them, and where it is “reasonably practicable”
to meet them.

(10) List the enforcement agencies for health and safety in

the UK
Answer --- There are three main enforcement agencies – the Health
and Safety Executive, the local authorities and the fire authorities.
In addition, the Environment Agency has certain responsibilities
where environmental protection is also concerned.

(11) Identify four powers of inspectors under section 20 of

HSWA.
Answer --- The full list of powers of inspectors under section 20 of
HSWA is as follows:
− To enter premises, at almost any time, where it is believed
that a dangerous state exists. A police officer may be taken
along to help gain entry if required.
− To carry out any necessary investigations and examinations –
taking photographs, drawings and measurements of premises
or items within them, taking samples of articles/substances
and of the atmosphere, etc.
− To direct that premises (in whole or in part) or items within
the premises shall be left undisturbed for as long as required
to make specialist examination.
− To dismantle and/or test any item or substance which they
decide is harmful to health.
− To take statements from persons involved with an incident or
accident. Interviewees must answer any questions and sign
a statement of their answers, although these are not
admissible as evidence in any subsequent proceedings
against that person.
− To inspect any documents, books or records considered
relevant to the investigation.
 − To seize and render harmless any articles/substances found
to be very dangerous in respect of causing personal injury.

Revision Question 4
(1) What is the legal basis for the formulation of a health and
safety policy?
Answer --- A written statement of health and safety policy is
required under section 2 of HSWA.

(2) What are the organisational requirements for effective

health and safety management?

Answer --- There should be a framework of roles and responsibilities

for health and safety allocated to individuals throughout the
organisation, including the establishment of a safety committee, the
appointment of safety representatives, arrangements for
consultation, the appointment of specialist staff and ensuring that
general management roles and arrangements address health and
safety issues.

(3) What is the role of monitoring and review?

Answer --- To ensure that the organisational arrangements, health
and safety standards and operational systems and measures are
working effectively and, where they are not, to provide the
information upon which they may be revised.