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NEBOSH NGC1 element 1

Revision questions
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1
These will probably be the frst set of revision questions that you attempt. The
questions are, as their name indicates, intended to help you revise the main
points of each element. Having said that, many of the questions
could also be found, little changed, in your Certifcate examination.
Past examinations
Actual past papers must form an integral part of your revision
programme as you prepare for the examinations; your tutor will
advise you on obtaining past papers and will then mark and
comment upon your attempts at the questions - undertaken
under examination conditions if you please (ie without
reference to course materials and carried out within the usual
time constraints). The frst actual past examination you might
attempt is the sample examination paper that you will fnd in the
NGC Guide - we have a model answer for this sample paper,
prepared for us by a long time NEBOSH examiner.
Analysis of past questions
Also remember to consult our analyses of questions that have
appeared in the NGC examinations over recent years. Patterns
of questions emerge as similar questions may occur on a regular
basis. It should be emphasised that, even though the syllabus
changes, the great majority of questions from the last fve or six
years will still be relevant and could thus re-appear little changed
in your examination. (The major exception here relates to pre-
2005 questions on fre legislation in unit NGC2 - dont attempt
these.)
Revision questions
Note that the revision questions are simply to test your
knowledge on particular areas; they are not intended to be
examination-type questions in terms of either style or length of
answer required.
In fact, NEBOSH examination questions are actually
instructions rather than questions. A key part of the instruction is
the action verb (describe, outline, list, etc), which is intended to
indicate the depth of answer required. Thus, instead of asking
Which organisations enforce health and safety law in the UK?
(see Question 4 below), a NEBOSH question might instruct you
to List the organisations that enforce health and safety law in the
UK.
Generally, our element-by-element revision questions fall into
syllabus content order. Here they are for element NGC1/1 ...
Revision questions for NGC1 element 1 Foundations in health and safety
The separate Past papers,
Practice papers leafet (above)
provides the student with a
range of real past papers to
attempt and submit to the tutor
for comment and discussion.
Make sure you also consult
the series of leafets in which
we analyse the examination
questions of recent years.
NEBOSH NGC1 element 1
Revision questions
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2
Question 1
Outline three reasons for maintaining high standards of health and safety in the
workplace.
Question 2
Why do you think that good standards of health and safety are not always
achieved?
Question 3
Distinguish between health, safety, welfare and environmental protection.
Question 4
Which organisations enforce health and safety law in the UK? and, as a
supplementary question, which UK bodies prosecute health and safety offences
in the courts?
Question 5
List the powers that an HSE inspector can use to investigate whether there has
been a breach of health and safety law.
Question 6
What actions might an HSE inspector consider when s/he believes that a breach
of health and safety law has been committed - and what might determine the
actual course of action taken?
Question 7
Make two lists, one headed criminal law and the other civil law. Now take
each of the 20 items below and place them under the heading that you think
most appropriate. You should end up with an equal number of items under
each heading and, if you are careful about the ordering, they should form
complementary pairs:
Primary purpose is to punish (also
to rehabilitate and to deter)
Purpose is to settle disputes and / or to
provide a remedy (eg compensation)
Concerned with the rights / rules
of Society
Time limitations usually apply
Action is between two individuals*
Onus of proof is placed primarily
on the prosecution
Cannot insure against penalties
Burden of proof is on the
balance of probabilities
Cases are heard by the criminal courts
(eg Magistrates Courts, Crown Court
[in England and Wales])
Onus of proof is placed on the claimant
Burden of proof is beyond
all reasonable doubt
Much is based on common law
Cases are heard by the civil
courts (eg County Courts, High
Court [in England and Wales])
Normally there are no time limits
Can (or sometimes must)
insure against liabilities
Aim is to decide the guilt or
innocence of the accused
Offences are largely written
down in statute law
Concerned with the rights
of individuals*
* In law, an individual is a person or other single entity such as a company
or other organisation. The concept of the legal person applies.
Aim is to decide the degree of
culpability or liability (if any) of
the defendant
Action is between the State and an individual*
NEBOSH NGC1 element 1
Revision questions
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3
Question 8
Provide a brief description of civil law starting with the sentence Civil law is
concerned with the rights of individuals and the duties of care that individuals owe
to each other. In your answer, try to include a mention of the laws of contract
and tort, giving examples of the various torts that apply. You could also mention
some of the other types of dispute that are considered by the civil courts. You
might want to refer to some of the items identifed in your answer to Question 7.
Question 9
Which two elements make up the body of law? Briefy distinguish between
them.
Question 10
Fill in the blanks:
For a criminal case to succeed, the prosecution must prove ... that the
accused is guilty.
For a civil case to succeed, the claimant must show ... that the
defendant is liable.
Question 11
Although NEBOSH Diploma candidates need to know several legal cases that
now form part of case law, this is not so at Certifcate level. However, you
should appreciate the signifcance of the 1938 case of Wilsons and Clyde Coal
Company Ltd v English, which helped to clarify the four main elements of the duty
of care that employers owe their employees. What are these four elements?
Question 12
The deciding factors in an action under the tort of negligence often relate to
reasonableness and reasonable foreseeability. Explain what these two terms
mean in this context.
Question 13
Fill in the blanks:
To be successful in a claim under the tort of negligence, the following three
points have to be satisfed:
that the defendant owed the claimant a ... of ...
that the of was breached due to the defendants
that the claimant suffered as a result of the breach.
You should also know the fve requirements that have to be established for a suc-
cessful claim under the tort of breach of statutory duty. What are they? Check
your study material if necessary.
Question 14
Why is contributory negligence sometimes referred to as a partial defence?
NEBOSH NGC1 element 1
Revision questions
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4
Question 15
The HSW Act 1974 is an enabling Act. What does this mean?
Question 16
Explain the function and legal status of (a) HSE approved codes of practice, and
(b) HSE published guidance. Give two examples of each.
Question 17
Explain what is required when a legal duty must be complied with so far as is
reasonably practicable. What effect does a qualifed duty such as this have on
a criminal prosecution?
Question 18
Name the parties who have duties under the main requirements of the HSW Act
(sections 2 to 9) and briefy explain what these duties are.
Question 19
In cases where the employer is an organisation (a body corporate), who else,
apart from the organisation, can be convicted for a breach of a duty placed upon
employers (eg under HSW Act section 2), and under what circumstances?
Question 20
Under the Management of Health and Safety at Work Regulations 1999
(MHSWR), one of the principles of prevention to be applied is giving collective
protective measures priority over individual protective measures. What does this
mean? You may want to give one or two examples to help with your explanation.
Question 21
What duties are placed on employees under (a) the HSW Act, and (b) MHSWR?
Question 22
Other than temporary workers, which two particular categories of employee
involve specifc requirements under MHSWR?
Question 23
What does an employer need to provide in order to fulfl his duty to ensure the
health and safety of a contractor under section 3 of the HSW Act?
[While you are not required to know the details of legal cases at Certifcate
level, you may nevertheless want to refer briefy to the prosecutions of Swan
Hunter Shipbuilders in 1982 and Associated Octel in 1996 when answering this
question.]
Question 24
What sort of information might an employer request from prospective contractors
in order to assess their ability to work safely?
Question 25
What are the particular problems associated with contract work in terms of health
and safety?
NEBOSH NGC1 element 1
Revision questions
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5
Question 26
List the fve key parties who have duties under the Construction (Design and
Management) Regulations 2007 (CDM).
Question 27
Under what circumstances does a construction project need to be notifed to HSE
and who has the responsibility for such notifcation?
Question 28
What are the purposes of (a) the construction phase plan, and (b) the health and
safety fle, both of which are requirements under CDM?