Common Law and Revision Questions

These will probably be the ? rst 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 Certi? cate 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 withoutreference to course materials and carried out within the usual time constraints).

The ? rst ‘actual’ past examination you might attempt is the ‘sample examination paper’ that you will ? nd 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 ? ve 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 ? re legislation in unit NGC2 – don’t 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’ lea? et (above) provides the student with arange of ‘ real’ past papers to attempt and submit to the tutor for comment and discussion. Make sure you also consult the series of lea? ets in which we analyse the examination questions of recent years. NEBOSH NGC1 element 1 Revision questions www. praa. org. uk 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 www. praa. org. uk 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 identi? ed in your answer to Question 7. Question 9 Which two elements make up the ‘body of law’? Brie? y 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 Certi? cate level.

However, you should appreciate the signi?cance 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 satis? ed: that the defendant owed the claimant a … of …that the … of … was breached due to the defendant’s … that the claimant suffered … as a … result of the breach.

You should also know the ? ve 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 www. praa. org. uk 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 ‘quali? ed’ 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 brie? y 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 speci?

c requirements under MHSWR? Question 23 What does an employer need to provide in order to ful? l 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 Certi? cate level, you may nevertheless want to refer brie? y 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 www. praa. org. uk 5 Question 26 List the ? ve 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 noti? ed to HSE and who has the responsibility for such noti? cation? Question 28 What are the purposes of (a) the construction phase plan, and (b) the health and safety ? le, both of which are requirements under CDM?