Unit NGC 1 – Management of health and safety

Element 1: Foundations in health and safety

Revision answers
Here are the answers to the revision tasks. Review your performance and where necessary re-visit the
study resources to help you to improve your memory and prepare for your examinations.

The scope and nature of occupational health and safety

• The barriers to good standards of health and safety

What might these barriers be? Why might health and safety not be seen as such an important issue as
production, for example?

Typical answer: Employers might see it as too many rules and regulations and it is impossible to keep
up with them. Others might see it as getting in the way of work. Often it is difficult to get people to
change, particularly where they can see no obvious benefit.

• Meanings and distinctions

 What is the difference between health and safety?

This refers to the protection of the mind and the body

Health (psychological and physiological) from illness.

This refers to the protection of people from physical injury.

Safety

The moral and financial reasons for promoting good standards of health and safety.

• The employer’s duty of care and the right and expectations of employees

 List 3 moral considerations for maintaining good health and safety in the workplace

Employees should not be harmed from their work

Many people die or are injured from work every year

Families are often affected too

NGC1.1 revision answers v2.2

 • The business case for health and safety

 Identify 8 costs of accidents in the workplace

Employers’ liability claims

Public liability claims

Fines from prosecution

Repairs

Sick pay

Recruitment of replacement staff

Investigation costs

Increase in insurance premiums

 What is the purpose of employer’s liability insurance?

To compensate a person who has suffered some kind of loss that was caused by the
workplace or work activities.

The legal framework for the regulation of health and safety including sources and types of law

▪ The influence and role of the European Union

• Harmonise the laws of the member states

• Issues ‘EU Directives’ (e.g. Working Time Directive 2003/88/EC)
• EU Directives impose duty on each member state
• EU Directives are implemented in the UK by way of delegated legislation (Working Time
Regulations 1998)

 Identify the differences between Common law and Statute law

Common Law Statute Law

Unwritten law Written law

Decisions based on case law Laid down by parliament as Acts and

(judgements made by judges in Regulations which must be obeyed.
courts)

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 Identify the differences between Criminal law and Civil law

Criminal Law Civil Law

To Punish Purpose To compensate for loss

State v Person
Action between Person v Person

Magistrates and Crown

Courts County and High

No
Insurance available? Yes

No
Loss necessary? Yes

Beyond all reasonable doubt On the balance of

Burden of proof
probabilities

• Health and Safety at Work Act, Regulations, Approved Codes of Practice (ACoP) and official
guidance

Types of statute law and

information

Acts of Parliament Regulations and Orders Approved Codes of Practice Guidance

Primary legislation enacted by
Parliamentary Process.
Failure to comply may lead to
prosecution.
E.g. HASAWA
Provide more detail than the
Act in certain areas. Failure to
comply may lead to
prosecution.
E.g. COSHH Regs.
Issued by HSC. Provides
information on how to meet
legislation. Not law but held in
high regard by courts.
E.g. PUWER
Issued by HSE. Gives
guidance on how to meet
requirements of regulations.
No legal standing.
E.g. DSE Regs.

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 • Absolute and qualified duties

 Explain what is meant by the terms:

Absolute duty A duty which does not require any consideration. It

must be complied with.

Practicable A duty which must be complied with if it is

technically feasible to do so.

Reasonably practicable A duty which must be complied with if the cost of

doing so is not grossly disproportionate to the
degree of risk.

• The powers of Inspectors under the Health and Safety at Work Act 1974

 Identify 8 powers of enforcement officers when they visit a workplace

To enter a premises at any reasonable time

To take a policeman if necessary

To take photographs or samples

To request that things are not disturbed

To interview people and take statements

To instruct that articles be destroyed or dismantled

To request documentation and information

To issue enforcement notices

• Issue of enforcement notices

Circumstances under which enforcement notices would be issued, and the effect of appeal on those
notice

Improvement Notice.
Issued when an inspector believes that there is an identifiable breach of health and safety law.
Can appeal within 21 days and appeal suspends the notice until the appeal is heard.
Example: Breach of Management Regulations 1999: Not carrying out risk assessments.

Prohibition notice
Issued when inspector believes there is a risk of serious personal injury. Can appeal within 21 days but
notice not suspended
Example: No guard on machine, unsafe scaffolding

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 • Criminal liabilities

 Complete the following table to show the maximum penalties that can be given in the different courts
for the identified offences

Breach of: Magistrates Court Crown Court

Unlimited fine and/or Unlimited fine and /or

Section 2-6 HASAWA 6 months prison 2 years prison

Unlimited fine and/or Unlimited fine and /or

Other H&S legislation 6 months prison 2 years prison

Unlimited fine and/or Unlimited fine and /or

Enforcement notice 6 months prison 2 years prison

• Civil liabilities

Definition of negligence

A breach of the common law duty of care which resulted in loss

 Identify the employer’s common law duties to his employees

To provide a safe place of work

To provide safe systems of work

To provide safe plant and equipment

To ensure employees and competent

What 3 tests must be proven to win a negligence action?

1 A duty was owed to the claimant

2 The duty was breached

3 The breach of duty actually caused the loss

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 Defences that may be used by the defendant in a negligence action

Denial of fact
No duty of care owed
No breach of duty of care
No injury or loss
Contributory negligence
Volenti non fit injuria (Volunteered to accept the risk)
Necessity
Lack of foreseeability.

 What 4 tests must be proven to win a breach of statutory duty civil action?

The injured person was the class of person the statute was
1 intended to protect

The injury was the type of injury the statute was intended to
2 prevent

There was a breach of the statutory duty

3

4 The breach of statutory duty caused the loss

 Identify 4 defences that may be used by a defendant in a breach of statutory duty civil case

The injured person was not the class of person the statute was intended to protect

The injury was not the type of injury the statute was intended to prevent

There was no breach of statutory duty

There was a breach of statutory duty but it did not cause the injury

What is meant by ‘vicarious liability’?

An employer is liable for the acts of the employee whilst they are acting in the course of their
employment. Should an employee injure a third party then, regardless of whether the employee was
acting reasonably or not, then the employer can be held liable.

What is meant by ‘contributory negligence’?

Should a person bringing a civil claim against an employer be found to be partly responsible for their
loss, (they contributed to their own loss), then damages will be reduced accordingly.

In which courts will civil actions be heard?

The County or High courts depending on potential amount of damages awarded.

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 The scope, duties and offences of employers, managers, employees and others under the
Health and Safety at Work etc Act 1974

 Identify the legal duties placed on an employer to look after the health, safety and welfare of their
employees

To ensure, so far as is reasonably practicable, the health, safety and

HASAWA welfare of employees
S2(1)

a. Provide and maintain plant and systems at work so that they

are safe and without risks to health.
b. Make arrangements for ensuring the safe use, handling,
storage and transport of articles and substances.
c. Provide health and safety information, instruction, training and
supervision.
d. Maintain the place of work so that it (and access to and exit
HASAWA
from it) is safe and without risks to health.
S2(2)
e. Provide and maintain a safe working environment and
adequate welfare facilities.

Employers to provide information to employees ( risks, controls,

emergency arrangements, names of people appointed to assist the
MHSWR employer on health and safety matters).
Reg 10

Employers must ensure employees are capable and suitable trained

for the tasks they are engaged in.
MHSWR
Reg 13

The legal duties placed on an employer to look after the health safety and welfare of persons other than
their employees

HASAWA
Section 3: Duties to others than employees
Employers to carry out their undertakings so as not to endanger those not in their employment
(contractors, visitors, passers-by etc.).

MHSWR
Reg. 11: Co-operation and co-ordination
Employers working together on the same premises must co-operate in matters regarding health and
safety.

Reg. 12: Persons working in host premises

Employers must ensure that workers from outside the organisation are given sufficient information to
enable them to work safely.

The legal duties placed on persons in charge of premises

HASAWA
Section 4: Duties of persons in charge of premises.
Ensure premises are safe and have safe access and egress
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 Plant and substances provided are safe and do not endanger health

The legal duties placed on designers, manufacturers, suppliers and importers

HASAWA
Section 6: Duties of designers, importers, manufacturers, suppliers
Ensure articles are safe when being used, cleaned, maintained
Ensure substances are safe when being used, handled, transported
Arrange tests, research
Provide information
Ensure safety when erecting and installing equipment

Section 8 – Duty not to interfere (duty on everybody)

No person shall interfere with or deliberately misuse anything provided to secure health and safety

Section 9 – Duty not to charge

Employees shall not be charged for things done or provided for health and safety at work (e.g. PPE,
training)

 Identify the legal duties placed on an employee

To take reasonable care for their own health and safety and to
ensure that their acts or omissions do not put others at risk.

HASAWA To co-operate with the employer to allow him to discharge his

S7 legal duties.

To not recklessly interfere with or misuse equipment provided in

HASAWA the interests of health and safety.
S8
(On everybody)

To use things in the way that they have been trained.

MHSWR To notify the employer of any dangerous situations where there is

Reg 14 a risk of serious injury

To notify the employer of any shortcomings in relation to company

arrangements for health and safety

Section 36 - Offences due to the fault of the other person

Section 36 allows the prosecution of a person who by their ‘default’ allows another to commit an
offence.

Section 37 - Offences by Bodies Corporate

Section 37 covers offences committed by the ‘body corporate’ - the company, organisation, local
authority or by individual people.

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 The scope, duties and offences of employers, managers, employees and others under the
Management of Health and Safety at Work Regulations

The Management of Health and Safety at Work Regulations cover the following topics:
• Risk assessment • Co-operation and co-ordination

• Principles of prevention • Employee training

• Health and safety arrangements • Employees duties

• Health and safety assistance • Temporary workers

• Procedures for danger • New and expectant mothers

• Information for employees • Young persons

The legal and organisational health and safety roles and responsibilities.

• Management controls for significant projects

 Under the Construction (Design and Management) Regulations 2015 identify 4 duties of:

• Notify HSE of project

• Appoint a principal contractor and principal
designer
The Client • Provide pre-construction information to designers
and contractors
• Ensure the construction phase does not start
unless a construction phase plan is in place
• Design out hazards and risks
• Provide information about remaining hazards and
risks
Designer • Provide information for H&S file
• Check that client is aware of their duties before
work starts

• Plan and manage health and safety in the pre-

Principal designer
construction phase of the project
• Prepare and update the health and safety file
• A Plan and manage health and safety in the pre-
construction phase of the project
• Plan and manage health and safety in the pre-
construction phase of the project

• Plan, manage and monitor the construction

phase
• Prepare a construction phase plan
Principal contractor • Provide suitable welfare facilities
• Provide suitable site inductions

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 • Plan and manage health and safety in the pre-
construction phase of the project
• Ensure the client is aware of their duties
Contractors • Comply with directions of the principal contractor
and principal designer
• Check the competence of all workers

• Notification, health and safety plan, health and safety file

Under what circumstances must the HSE be notified of construction work

If the project is likely to take longer than 30 days and involve more than 20 workers on site or will
involve more than 500 person days it must be notified to the HSE before work starts.

Outline the topics that should be covered in the construction phase health and safety plan

Description of project - details of key personnel; existing records and plans

Management of the work – management structure and responsibilities; health and safety goals; safety
arrangements.
Arrangements for controlling significant risks – control measures for identified risks.
Health and safety file – layout and format; arrangements for gathering information; storage of
information

 Identify the information that may be expected to be found in a construction phase health and safety
plan

Site induction and on-site training

Welfare facilities and first aid arrangements

Site security

Selection and control of contractors

Delivery, storage and removal of materials

Site rules

Traffic routes and segregation of vehicles and pedestrians

Fire and emergency procedures

• Selection of contractors

What information might be checked prior to selecting a contractor?

• H&S policy, management system or certification

• Nominated Director and competent H&S person
• Insurance, statutory inspections and licenses
• Previous experience/references – method statements
• Arrangements for risk assessment
• Arrangements for inspection and audit
• Membership of trade bodies
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 • Qualifications of key individuals/passport schemes
• Prosecutions or notices
• Accident and ill-health experience

Relevant legislation

The Health and Safety at Work etc. Act 1974

The Management of Health and Safety at Work Regulations 1999
The Construction (Design and Management) Regulations 2015

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