NEBOSH IGC Question and Answers PART 2

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NEBOSH IGC Question and Answers PART 1....Cont

20) a) Outline the duties placed on employees under the Manual Handling Operations Regulations 1992.

Avoiding manual handling operations wherever possible. (R-4).
Conducting suitable & sufficient assessment of the tasks.
Taking steps to reduce the risk of injury to the lowest level reasonably practicable.
Providing information to employees on the weight & weight distribution of the load.
Reviewing assessments as necessary.

b) Describe the four factors that should be considered when making assessment of manual handling operations.
The task.
The load.
The environment.
The individual.

Task:- the distance of the load from the trunk, body movements & posture required.

E.g. twisting, stooping, stretching, excessive carrying, excessive pulling, pushing & the work rate imposed by the process.

Load:- Its weight, bulkiness, stability, sharpness, temperature and the ease with which it can be grasped.

 Environment:- Ambient temperature, floor conditions, space & lighting.

Individual:- Suitable & sufficient assessment of individual by looking at physical capabilities, health (e.g. fitness, pregnancies) & the requirement for social information & training.

21) Law

A) Explain the meaning of term ‘negligence’.
“Breach of the duty to take reasonable care and loss arising from this”. E.g. provide safe system of work, competent person”.

B) Outline the defenses available to employees in case of alleged negligence.
No duty of care.
No breach.
No loss of contributory negligence.
Volant non fit injuria.

22) Explain the meaning of the term ‘so far as reasonably practicable’.

“ So far as reasonably practicable means that the degree of risk in a particular activity or environment can be balanced against cost, time, trouble & physical difficulty of taking measures to avoid the risk”.

23) Outline the types of H & S issues that are dealt with by industrial tribunals.

Appeal against improvement and prohibition notices.
Dispute about paid time off for training for safety representatives.
Unfair dismissal relatively to H & S.

24   A) Outline the duties of employees under the H & S at work etc. Act 1974.

To take personal care of themselves & other.
To cooperate with employees & others.
Not to interfere with, or misuse anything provided for their health & safety.

B) State the maximum penalties available for breaches of the H & S at work etc. Act 1974 by employees.
Different maximum penalties in a magistrate court compared with a crown court.

25        A) Explain under what circumstances an employer must form a H & S committee.

Safety representatives & safety committee Regulations 1977.

Where requested in writing by two or more trade union appointed safety representatives.

B) Explain why a health & safety committee could be ineffective.
Lack of management commitment & motivation.
No formal agenda
No input to the decision making process
Unsuitable topics and no valuable expertise being cited as reason for ineffectiveness.
Poor chairman ship.
Lack of communication between staff and workers member of the committee.
Minutes of meetings are not prepared.
Follow up action on previous recommendation suggested.

26) Explain using examples, the difference between Civil & Criminal law.

Civil law:-

Largely judge made
Based on president
g. Tort of negligence

Criminal Law:-

Laid down by parliament.
Breach of statutory duty is a criminal offence as well as a possible tort were rewarded.
g. Health, Safety & Work Act.

27        A) Outline the specific duties placed on an employees under the H & S at Work etc. Act 1974 to ensure the H & S of non. Employees. ( sec. 3 & 4) HSWA 1974.

Not exposing person to risk.
Providing safe access & egress.
Place of work.
Plant & substances.
Providing information.

B) State the action an enforcement officer could take where an employer fails to carryout these duties.
Form verbal or written advice/instruction.
Thorough formal improvement or prohibition notices.
Seizure of articles or substances.

28) Explain using examples, the differences between Regulations & Approved code of practices.

             H & S Regulations:-

1) Generally made under the H & SWA- 1974 by Secretary of state.

2) Contain statutory requirements which if not the imposition of a fine or the issues of an enforcement notice by the appropriated met by the person on whom they are maid.

3) M lead to prosecution in the courts enforcement authority.

             Approved Code of Practices:-

Approved by the HSC (health Safety Commission) with the consent of Secretary of state.
They provide practical interpretation of legal requirements in specific areas.
They do not themselves impose any legal requirement, they may be produced in the court as a supportive evidence.

29) Describe the general hierarchy of measures for the safeguarding of dangerous parts of machinery as required by the Provision and Use of Work Equipment Regulations 1992.

Machine guarding.
Starting with fixed guards & ending with information.
Instruction & training ( R- 11.2).

30) Explain using examples, the meaning of the term, ‘ so far as is reasonably practicable’.

Balancing risk against cost (in terms of time, cost, trouble).
“ So far as reasonably practicable means that the degree of risk in a particular activity or environment can be balanced against cost, time, trouble & physical difficulty of taking measures to avoid the risk”.

31a) Outline the H & S issues that can be heard by an industrial tribunal.

Appeals against enforcement notices.
Issues relating to the Safety Representatives.
Safety Committee Regulations 1977.
Claims of Unfair dismissal.

b) Outline the remedies available to Industrial Tribunals.
Powers to uphold or overturn notices.
To award compensation.
To order the reinstatement of employees who have been unfairly dismissed.

32) Explain using one example in each case, four requirements at the PUWER -1992.

1) Suitability:- Design of equipment (e.g. Excavation)

2) Maintenance:- Mechanical failure (e.g. high speed & high risk machineries).

3) ‘IT IS’ – safe work system, reduce residual risk, peoples, manufacturers.

4) Protection against danger: reg 11- point of action/operation.

5) Controls:- Switch, access, pressure-PSV.

6) Isolation:- Noise.

7) Stability.

33) Explain the difference between Civil & Criminal Law.

Civil Law:-

Protects the rights of the individual.
Civil law normally involves one party suing another for damages.
Civil law it is usually in the form of compensation awarded to the aggrieved party.
In civil law proof required is on a balance of probability.

Criminal Law:-

To protect the rights of the society.
Criminal law is enforced by the state (by prosecution).
The remedy in criminal law is punishment (i.e. fine, imprisonment).
The Burdon of proof required in criminal cases is to find beyond reasonable doubt.

34        A) Explain using an example in each case the circumstances under which a Health & safety may serve.

An improvement Notice:-
Improvement Notice can only be served when an inspector is of the opinion that there is a breach in H & S law or that there is a breach which is likely to continue or be repeated.

ii) A prohibition notice is issued when an inspector believes that there is or likely to an imminent risk of serious personal injury.

B) Outline the effect on the notice of appealing against each type of enforcement notice.
An appeal against an improvement notice will suspend the notice until heard by the tribunal.

An appeal against a prohibition notice will not affect the notice; it will stay in force during the appeal period. (Unless the tribunal directs otherwise, do not forget to provide an example of each).

 35        A) Define the term ‘negligence’.

“A tort involving a breach of common law duty to take reasonable care”.

B) Outline the Three standards that must be met for an employee to prove a case of alleged negligence against an employer.
A duty of care is owed.
A breach of duty occurred in that the employee failed to take reasonable care.
The breach led directly to the loss or damage or injury, (use an example).

36        A) outline the legal requirements under which an employee must prepare a written H & S policy.

Where there are 5 or more employees, HASAWA 74 section 2(3).
B) Outline THREE circumstances that may give rise to a need for a H & S Policy to be revised.
Change in organizational arrangements, responsibilities, processes, legislation, work pattern or risk assessments or when considered necessary following an accident investigation, enforcement action, policy review or professional advice.

38) State eight requirements of the MHSWR 1992.

Risk Assessment.
H & S Arrangements.
H & S assistance.
Procedure for serious & imminent danger.
Cooperation & coordination.
Capabilities & Training.
Employee’s duties to work in accordance with training & instruction and to report defects.

39) Outline the powers given to H & S inspectors under the H & S at work etc Act 1974.

Enter premises.
Investigate accident & dangerous occurrences.
Instruct accident area to be left undisturbed.
Examine & search premises.
Investigate records, plant, and machinery.
Take photographs.
Measurements & test.
Article & substances can be seized & destroyed where the inspector considers there to be imminent danger of serious personal injury.

40) List titles of four sets of H & S regulations that contain specific legal duty to provide adequate lighting at work.

The workplace (H, S & W) Regulations 1992.
The PUWER Regulation’s 1992, 1998.
The H & S (DSE) Regulation’s 1992
The electricity at work Regulation’s 1989.
The fire precautions (workplace) Regulation’s 1997.
The confined space Regulation’s 1997.

NEBOSH IGC Question and Answers PART 3 Cont....

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