NEBOSH

Element 1
Simon Tate
BA (Hons) Tech-IOSH,
AIFSM, AIFireE.
 Learning Outcomes [1]
• Outline the scope & nature of occupational health & safety
• Explain the moral & financial reasons for promoting Health & Safety
• Explain the legal framework for the regulation of health & safety including
sources and types of law
• Explain the scope, duties and offences of employers, managers, employees and
others under the Health and Safety and Work etc Act 1974
• Explain the scope, duties and offences of employers, managers, employees and
others under the Management of Health and Safety at Work Regulations 1999
• Outline the legal and organisational health and safety roles and responsibilities
of clients and their contractors
• Outline the principles of assessing and managing contractors
 Common Terms [2]

Health Safety Welfare

• Wellbeing • Absence of • Comfort
danger
Reasons for promoting good H&S [3]

Moral

Good
H&S

Legal Financial
 Iceberg [5]

£1 • Direct Costs
– Insurance
– Court
• Indirect Costs
– Loss of production
£11 – Lost time
 Employers’ Liability Insurance [5]

• Must be displayed
• Kept for 40 years!
• Ensures there are
sufficient resources
for compensation
• There are a limited
number of exemptions
EU – Harmonising Standards [6]

• Directives
– Interpreted by each
state

• Regulations
– Directly enacted
 Criminal Law [6]

Criminal Law Statute Law

• The government identifies • Acts & Regulations
and criminalises • Almost entirely criminal
behaviour which is law – but a few civil
considered wrong exceptions.
• Prove : Beyond
Reasonable Doubt
Acts of Parliament [7]
Health & Safety at Work Act etc 1974 [7]
Regulations [8]
Approved Codes of Practice [7]
Duties [8]

Absolute

Practicable

Reasonably
Practicable
Reasonably Practicable [8]
Structure of Courts [9]
 Magistrates Court [9]

• Summary offences
• Either-way offences
• Indictable offences
 Crown Court [10]

• Indictable only
• Either-way chosen
• Either-way directed
 High Court [10]

• Appeals on point of
law
 Court of Appeal [10]

• Appeals from the

Crown Court
• Review of the
evidence
 Supreme Court [10]

• Appeals on the
‘greatest public &
constitutional
importance’
 Criminal Court Penalties [11]

• Fines
• Imprisonment
• Compensation Orders
• Remedial Action Orders
• Publicity Order*
• Community Orders
• Disqualification Orders
 External Agencies [12/13]

• HSE / HSENI
• ORR
• Local Authorities
• Fire & Rescue Services
• Procurator Fiscal (Scotland)
• CPS
• Environment Agency
 HSE [14/15]

• Powers
– Improvement Notice
– Prohibition Notice
• Appeals

• FFI
 HSE / LA [16]

• Cautions & Warnings

– Cautions not usually used by HSE, but are
used by LA
• Prosecution
– Summary
– Indictable
Corporate Manslaughter & Corporate Homicide Act 2007
[16]
 Burden of proof [17]

• Beyond reasonable doubt

• Reverse burden of proof

– Did all that was practicable / reasonably
practicable
 Precedents [17]

• Precedents apply to both civil & criminal

proceedings
• Decisions are binding on lower courts
 Common Law [17]

• Rather than laid down by

parliament it is based on previous
judgements over centuries
• “Judge made law”
• Take reasonable care of those
that might foreseeably be
affected by it’s acts or omissions
 Comparison of sources of law [18]
Common Law
• Judge made
• Not written
• Duty of reasonable care
• Basis of civil cases
• Personal manslaughter
gross negligence
Statute Law
• Established by Parliament
• Written down
• Absolute / Practicable /
Reasonably Practicable
• Failure to comply – criminal
offence
• Some (limited) civil liabilities.
 Civil Courts [18]

• Burden of proof
– Balance of probabilities

• Compensation
 Small Claims Court [19]

• General damages limit £1000

• Registrar of County Court hears cases

 County Court [19]

• Personal Injury upto £50000

• Heard by a Judge (no jury)
• Appeal to Court of Appeal
 High Court [19]

• Injury claims over £50000

• No upper limit

• Judge sits alone

 Employment Tribunals [19]

• Appeals against
– Improvement notices (notice suspended)
– Prohibition notices (notice not suspended)
 Tort of negligence [20]

LOSS resulted
Duty of care Duty of care
from the
OWED BREACHED
BREACH
 Defences [20]

Duty of care LOSS DIDN’T

Duty of care
NOT result from
NOT OWED
BREACHED the BREACH
 Partial defences [21]

Volenti non fit injuria Act of God

Time

SARHA Contributory
Vicarious Liability [21]
Common Law duties [21]

Safe Safe
Plant
place

Duty Safe
of Care Systems

Safe
Supervision
employees
 HASAWA 1974 [22-25]

2
• Employers to Employees

• Employers to Non-Employees

• Duties as the controller of a premises

 HASAWA 1974 [22-25]

6
• Duties to those who manufacture

• Employees duties

• Duties not to interfere with safety equipment

 HASAWA 1974 [22-25]

9
• Duty not to charge for PPE

36

• Offences – fault of another person

37

• Offences – the body corporate

Regulation 3 MHSWR
Regulation 4 MHSWR
Regulation 5 MHSWR
Regulation 6 MHSWR
Regulation 7 MHSWR
Regulation 8 MHSWR
Regulation 9 MHSWR
 Regulation 10 & 13 MHSWR

• Information

• Capability & Training

Regulation 11 MHSWR
Regulation 14 MHSWR
 Regulations 15 – 19 MHSWR

• Vulnerable Groups
– Temporary workers
– Pregnant Workers
– Young Workers
 CDM Appointments [30-31]

Principle
• Inform HSE Designer • H&S Con phase
• Appoint PD • Site control
• Provide info to Ds &
• Appoint PC • H&S file updated
Cs
• Pre-Con info passed • Assist Client • Contractor
to Ds & Cs competence
• Risk Assessment
Principle
Client
Contractor
Principal Contractor Duties [32]

Health &
Safety Supervision

Sub- Authorisatio
Contractors n
 Documentation [33-37]

Pre-Construction Health & Safety

information file
`
Construction Notifiable work
H&S plan notice