NEBOSH IGC Question and Answers PART 13

Element 1: Health and safety foundations 

Image result for Nebosh IGC

Ql How would you distinguish between hazard risk and danger? 

ANSWER l Hazard, risk and danger, as applied to health and safety: 

Hazard is the potential to cause injury or ill-health (this can include substances or machines, 
methods of work and other aspects of work organisation). 
Risk expresses: 

• the likelihood that the harm from a particular hazard will be realised 

• the severity of the consequences if realised, for example: 
» the number of people who might be affected 

» the nature of the harm they would suffer ... thus, the hazards associated with the leaning wall will translate into a high risk if no steps 
are taken to fence it off, and into a low risk if appropriate protective barriers and signs are 

Demolishing or re -building the wall would of course present new hazards and those 
responsible for the work would have to undertake a risk assessment before the work 

It follows that both of the factors hazard and risk should be taken into account when 

either a qualitative or a quantitative risk assessment. 

Danger is a state or condition in which personal injury is reasonably foreseeable. Danger can, for example, be associated with situations such as: 

• an employee trapped by a fork lift truck in a narrow gangway where there are no restrictions oaccess or safe systems of work in force 

• an organisation's financial well-being placed at risk because of deficiencies in management 

Q2 There are various ways of classifying hazards; for example, NEBOSH have categorised 
hazards as being: physical, chemical, biological or psychological. For each of these four 
categories, give at least one example of a hazard which would manifest itself in the short 
term and one example with a long term effect. 

ANSWER 2 Classifying hazards 

Short term, ie hazards which represent an immediate danger: 

• physical: being struck by a fork lift truck 

• chemical: burning from contact with concentrated cleaning fluid 

• biological: contagious disease from birds in an aviary 

• psychological: traumatic reaction to an accident (this could of course also manifest itself in 
longer term) 

Hazards which could manifest themselves in the long term are: 

• physical: repetitive strain injuries from typing several hours a day for many months or years 

• chemical: long term exposure to carbon monoxide by a heavy smoker (CO is also well- 
known as a short term hazard) 

• biological: hearing loss due to noise exposure by a police firearms trainer; you might feel 
that a case could be made for categorising this as a physical hazard in which case you might prefer to use as an example the skin condition which has developed as a result of long term contact with citrus fruit; if you still think this is not a biological hazard because you would prefer to classify this a chemical hazard, how about long term exposure to tuberculosis for those who work with samples in diagnostic laboratories 

• psychological: morale of worker(s) being worn down by harassment 

Q3 List and briefly describe five or six methods by which potential workplace hazards may 
be identified. 

ANSWER 3 Identification of workplace hazards 

• workplace inspections 

• discussions between management and workers 

• independent audits 

•job safety analysis 

• hazard and operability studies 

• accident statistics 

Q4 Is it the wrongful act which determines the distinction between civil and criminal law? 

ANSWER 4 As we explained in the study material, in determining the distinction between civil and 

law you need to look at the outcome(s) of the act in question: if the wrongful act is capable of 
being followed by what are called criminal proceedings - crime. If it is capable of being 

by civil proceedings - civil wrong. If the act is capable of being followed by both, it is 
both a crime and a civil wrong. 

Q5 Compose a sentence using the four words 'guilt', 'vicarious', 'transferable' and 

ANSWER 5 A sentence including the words: guilt, vicarious, transferable, liability ... in criminal law 

remains with the person responsible for the wrongful act; in civil law, the liability may be 
transferable to another (person) who will take over the liability for the damages resulting 
from another's wrongful act. This form of liability is termed vicarious liability. 

Q6 Civil law is concerned with the rights of individuals and the duties of individuals towards 
each other; provide a brief description of civil law (try to include a mention of law of 
contract and law of tort). 

ANSWER 6 Civil law 

• action brought by an individual 

• intended result is compensation for loss suffered 

• insurance can / must be obtained to cover liability for damages ('must' because it is a legal 
requirement for most employers to have employees liability insurance) 

• action can be taken only where loss has occurred 

• mainly involves common law 

• law of contract is concerned with the legal enforcement of 'promises' 

• law of tort is concerned with civil wrongs involving nuisance, negligence, defamation, 

Q7 In the case of criminal law, certain types of wrongdoing are characterised as being 
offences against ... against whom or what? 

ANSWER 7 In the case of criminal law, certain types of wrongdoing are characterised as being offences against the state. 

Q8 What makes up 'the body of law'? 

ANSWER 8 The body of law is made up of statute law (written law in the form of Acts and 
Regulations etc) and common law (decisions made and principles adopted in previous 
cases and contained in case-law). As a further question, see if can you fill in 
the five gaps in the figure on the right (check your answer in the study material). 

Q9 Complete these two sentences: 

• the requirement in criminal cases is that the defendant is found guilty 

• in civil law it is enough that the defendant is found liable for the loss 

ANSWER 9 Completing two sentences: 

• the requirement in criminal cases is that the defendant is found guilty beyond reasonable 

• in civil law it is enough that the defendant is found liable for the loss on the balance of 

Q10 Briefly describe the historical background to common law. 

ANSWER 10 The main points that you should have encompassed in your answer include the fact that the unwritten law was administered by itinerant justices who recorded important decisions in order to help themselves and other justices the next time a similar case arose. 

Qll The boundaries of duty of care are not rigid, they extend not to the 'average' individual 
but to every individual - explain. 

ANSWER l 1 Boundaries of duty of care; flexible, extending 'further' to: 

• disabled workers 

• workers with a handicap such as colour-blindness or hearing loss 

• inexperienced and young workers 

• women who are, or might become, pregnant 

• workers experiencing stress 

Q12 To be successful in an action under the tort of negligence, the following three points 
have to be satisfied: 

• that the defendant owed the plaintiff a 

• that the duty of care was breached 

• that loss resulted from the breach 

You should also know the five requirements that have to be established for a successful 
action under the tort of breach of statutory duty - check your study material if necessary. 

ANSWER 12 To be successful in an action under the tort of negligence, the following three points 
have to be satisfied that: 

• the defendant owed the plaintiff a duty of care 

• the duty of care was breached through negligence 

• loss resulted from the breach of the duty of care 

Did you remember to check the five requirements that have to be established for a successful 
action under the tort of breach of statutory duty? 

Q13 Explain the function and legal status of an approved code of practice. Give a few 
examples of ACOPs. 

ANSWER 13 Key points you should have mentioned when discussing ACOPs include: 

• examples of good practice 

• approved by the HSC under HASAWA powers 

• accompany Regulations (provide examples) 

• not law but onus of proof in a legal case would be to prove that the practice undertaken is at 
least as effective as that provided by the ACOP 

Q14 Explain the function and legal status of a guidance note. 

ANSWER 14 Guidance notes: 

• interpret Acts and Regulations 

• help people to achieve compliance with legal requirements 

• offer sound technical advice 

Q15 Why may health and safety not be seen as a priority by the management of an 

ANSWER 15 Health and safety has to compete with other management priorities, particularly those 
associated with the production of goods and services which is the basic rationale of an 
organisation. It may be seen as an unproductive cost which conflicts with the requirement to 
keep costs low. 

Q16 Define: (i) An accident; (ii) A hazard; (iii) A risk 

(i) An undesired event resulting in personal injury, damage or loss. 

(ii) A situation with the potential to cause harm or damage. 

(iii) The likelihood that harm from a particular hazard may be realised. 

Q17 What two types of hazard are there? 

ANSWER 17 Unsafe conditions and unsafe acts. 

Q18 What factors are assessed in determining the magnitude of a risk? 

ANSWER 18 The number of people likely to be affected by the harm from a hazard, and the severity 

of the harm that may be suffered. 

Q19 Identify two responsibilities of workers identified in the ILO Occupational Health and 
Safety Recommendation 1981. 

ANSWER 19 Workers should: 

(a) take reasonable care for their own safety and that of other persons who may be affected by 
their acts or omissions at work; 

(b) comply with instructions given for their own safety and health and those of others and 
with safety and health procedures; 

(c) use safety devices and protective equipment correctly and do not render them inoperative; 

(d) report forthwith to their immediate supervisor any situation which they have reason to 
believe could present a hazard and which they cannot themselves correct; 

(e) report any accident or injury to health which arises in the course of or in connection with 

Q20 What are the consequences for an employer of non-compliance with Health and Safety 

ANSWER 20 Criminal - fines; Civil - compensation 

Q21 Identify two external and two internal sources of information about health and safety. 

ANSWER 21 External data sources include: National legislation (e.g. regulations); Safety data sheets 
from manufacturers and suppliers; Government Enforcing Authority publications such as 
Codes of Practice and Guidance Notes; Manufacturers'/suppliers' maintenance manuals; 
National/International standards; Information from local safety groups; Information from 
trade associations; Information from journals and magazines 

Internal data sources include: Information from accident records; Information from medical 
records and the medical department (if you have one); Information from company doctors; 
Risk assessments; Maintenance reports; Information from joint inspections with safety reps; 
Information from audits, surveys, sampling and tours; Information from safety committee 

Q22 What are the organisational requirements for effective health and safety management? 

All There should be a framework of roles and responsibilities for health and safety allocated 
to individuals throughout the organisation, including the appointment of specialist staff and 
ensuring that general management roles and arrangements address health and safety issues. 

Q23 What is the role of evaluation? 

ANSWER 23 To ensure that the organisational arrangements, health and safety standards and 
operational systems and measures are working effectively and, where they are not, to provide 
the information upon which they may be revised. 

Top Most