CITB Health & Safety Law 1 — Questions and Answers
Question 1: Which piece of primary legislation places a general duty on employers to ensure the health, safety, and welfare of their employees at work?
- The Construction (Design and Management) Regulations 2015
- The Health and Safety at Work etc. Act 1974 (Correct answer)
- The Management of Health and Safety at Work Regulations 1999
- The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
Correct answer: The Health and Safety at Work etc. Act 1974
The Health and Safety at Work etc. Act 1974 is the primary legislation imposing a duty on employers to ensure the health, safety, and welfare of all employees so far as is reasonably practicable.
Question 2: Under HSWA 1974, what duty does an employee have regarding health and safety?
- Employees have no legal duties — only employers do
- Employees must take reasonable care of their own and others' health and safety and cooperate with their employer (Correct answer)
- Employees must carry out their own risk assessments
- Employees must hold a valid first-aid certificate
Correct answer: Employees must take reasonable care of their own and others' health and safety and cooperate with their employer
Section 7 HSWA 1974 places a duty on employees to take reasonable care of themselves and others and to cooperate with their employer on health and safety matters.
Question 3: What does the phrase 'so far as is reasonably practicable' mean in health and safety law?
- The employer must spend unlimited resources to eliminate all risk
- Risk can be balanced against the cost and effort of control measures — if the risk is trivial compared to the cost, it need not be controlled (Correct answer)
- Only legally mandated controls are required
- The employer must follow industry best practice regardless of cost
Correct answer: Risk can be balanced against the cost and effort of control measures — if the risk is trivial compared to the cost, it need not be controlled
'So far as is reasonably practicable' allows an employer to weigh the severity and likelihood of risk against the cost of controls, but the balance tips heavily toward protection where risks are significant.
Question 4: Which regulatory body enforces health and safety law on construction sites in Great Britain?
- The Environment Agency
- The Health and Safety Executive (HSE) (Correct answer)
- The Local Authority
- The Construction Industry Training Board (CITB)
Correct answer: The Health and Safety Executive (HSE)
The HSE is the national regulatory body responsible for enforcing health and safety law, including on construction sites, and can inspect, issue notices, and prosecute.
Question 5: Under the Management of Health and Safety at Work Regulations 1999, employers with five or more employees must do what with their risk assessments?
- Verbally communicate them to all staff daily
- Record the significant findings in writing (Correct answer)
- Submit them to the HSE annually
- Review them only when an accident occurs
Correct answer: Record the significant findings in writing
Regulation 3 requires employers with five or more employees to record the significant findings of their risk assessments in writing so they can be reviewed and communicated.
Question 6: Which type of HSE enforcement notice requires an employer to stop a dangerous activity immediately?
- Improvement notice
- Prohibition notice (Correct answer)
- Enforcement notice
- Deferred notice
Correct answer: Prohibition notice
A prohibition notice under HSWA 1974 s.22 requires the employer to stop the specified activity immediately because of an imminent risk of serious personal injury.
CITB Health & Safety Law 1
Which piece of primary legislation places a general duty on employers to ensure the health, safety, and welfare of their employees at work?