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NEBOSH IGC Question and Answers PART 3

NEBOSH IGC Question and Answers PART 2......
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41) Describe the possible effects on H & S of inadequate lighting in a workplace.

Headaches
The effect of adopting a poor posture.
The physical risks caused by poor lighting e.g.
Tripping over unseen objects.
The increased likelihood of human error.

43) Outline the factors to consider when assessing the adequacy of lighting with an open plan office.

The task undertaken.
The equipment used.
The size and layout of the office (e.g. proximity of workstation, windows, the use of partition etc).
The availability of natural light at different times of the day and year.
Suitability of the type, number, intensity, Lux of artificial lights.
Glare on computer screen.
Areas in shadow.
Need for an availability of localized lighting.
Maintenance of lighting (e.g. non-functioning, flickering, damage or dirty).
The provision and adequacy of emergency lighting.

44) State the circumstances in which an employer may be held vicariously liable for the negligence of an employee.

The employee was acting in the course of its employment.
The employee caused damage or injury by not fulfilling a common law duty of care. If both this conditions are met then.

45) Outline the legal duties placed on employers to held to ensure that employees behave in a safe manner.

‘IT IS’ under sec. 2 of HASAW 74.
Employers take into account their employees capabilities before allocating task to them.
Training should be provided Reg-11.
Training CDM Regulation.

46) Explain the differences between ACOP & HSE guidance notes, giving an example of each.

ACOP:

Approved by HSC with the consent of the secretary of the state.
Failure to comply is not itself an offence, but may be used as evidence unless some other equally effective means of compliance can be demonstrated.
The six pack gives two ACOP’s,
Management’s regulations.
The workplace (HS & W) Regulation’s.
Guidance notes:

Have no legal standing but are intended to offer practical advice on how compliance might be achieved.
Are generally more descriptive than ACOP’s.
Four guidance notes out of six pack.

47) Outline the three conditions that must be met for an employee to prove a case of allege negligence against an employee.

The employer owed a duty of care to the employee.
There was a breach of that duty of care by failing to provide reasonable care.
The breach laid directly to foreseeable harm to the employee (injury, disease or other loss).

48) Explain the meaning of the term ‘vicarious liability’.

Employer will be liable for the negligent acts of his employees whilst acting in the course their employment.

 49) Explain using an example in each case the circumstances under which H & S inspector may serve.

An improvement notice.
A Prohibition notice.
An Improvement Notice: When an inspector is of the opinion that there is a breach in H & S law or that there has been a breach is likely to continued or be repeated.

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

 50) 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 an prohibition notice will not affect the notice it will stay in force during the appeal period (unless the tribunal directs otherwise, do nor forget to provide an example of each.

 51) Outline the requirement of the management of H & S at work regulation 1992.

Risk assessment.
H & S arrangements.
H & S Assistance.
Procedure for serious an imminent danger.
Information for employees.
Cooperation and coordination.
Capabilities & Training.
Employee’s duties.

52) Outline the factors that should be considered when carrying out risk assessment as required by the MHSWR-1992.

Hazard Identification.
Nature of hazard.
The size & characteristics of the exposed population.
The frequency of exposure.
Potential severity of harm.
Available information relating to risk.
Effectiveness of existing control.
Monitoring & emergency procedures. ( try to give/ include relevant examples).

53) Outline four requirements of the provision and Use of Equipment Regulations 1992.

Suitability of work equipment.
Need for maintenance.
“IT IS”.
Conformity with EU requirements.
Protection against dangerous parts of Machinery.
Controls of control system.
Emergency control system.
Isolations from sources of energy.
Safety of maintenance operations.
Marking & warning Signs. ( Do not forget to give brief examples).

54) Outline the legal requirements under which an employer must prepare a written H& S Policy.

Where there are 5 or more employees [HASAWA- 74, section 2(3)]


55) Outline 3 circumstances that may give rise to a need for H & S policy to be revised.

Changes in organizational arrangements/responsibilities, process, materials, premises, legislation, work pattern or risk assessment, when considered necessary after accident investigation, enforcement action, policy review of professional advice.

56) Outline the general duties placed on employees by section 7& 8 of health and Safety at work etc Act 1974.

Section 7:
Taking care at work i.e. to take reasonable care of themselves and others who might be affected by their acts & omissions.
To cooperate with employees and others to enable them to fulfill their statutory duties.


Section 8:
Not to intentionally recklessly interfering with or misusing anything provided in the interests of H, S & Welfare.

57) Outline a specific duties placed on employers by the managements of H & S at work Regulations 1992.

Section 12: a new duty on employees.

 To use all machinery, equipment, dangerous substances, means of production, transport equipment and safety devices in accordance with any relevant training and instructions, and to inform their employer or specified fellow employees of dangerous situations and shortcoming in the employees H & S arrangements.

58) Explain the difference between Civil & Criminal Law.

Civil Law:

Protects the rights of the individuals.
Normally involves one party suing another for damages.
It is usually in the form of compensation awarded the aggrieved party.
It is a balance of probability.
Criminal Law:

To protects the rights of society.
Enforced by the State ( by prosecution).
The remedy in criminal law is punishment, e.g. fines, prison.
The Burdon of the proof required in criminal cases is to find beyond reasonable doubt.

59) Define the term ‘negligence’.

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

60) 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 the duty occurred in that the employer failed to take reasonable care.
The breach led directly to the loss or damage or injury, use an appropriate example for this purpose.
NEBOSH IGC Question and Answers PART 4 Cont.....

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