Health and Safety Law (CDM 2015) Flashcards

Under the Management of Health and Safety at Work Regulations 1999, employers must appoint one or more competent persons to assist them. What determines 'competence' under these regulations?

Answer: Sufficient training, experience and knowledge

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 requires employers to appoint competent persons, defined as those with sufficient training, experience, knowledge and other qualities to properly assist. No specific qualification is mandated.

What is the legal status of an Approved Code of Practice (ACoP) issued by the HSE?

Answer: Failure to follow it can be used as evidence of non-compliance, but alternative measures are acceptable

An ACoP has a special legal status. If you are prosecuted for a breach of health and safety law and it is proved that you did not follow the relevant ACoP provisions, a court will find you at fault unless you can show you complied in an equivalent or better way.

Under CDM 2015, what triggers a project becoming 'notifiable' to the HSE?

Answer: Work lasting more than 30 working days with more than 20 workers simultaneously, or exceeding 500 person-days

CDM 2015 Regulation 6 defines a notifiable project as one where construction work is expected to last longer than 30 working days and have more than 20 workers on site simultaneously at any point, or exceed 500 person-days of construction work.

Under HSWA 1974, which section places a duty on employees to take reasonable care for their own health and safety and that of others?

Answer: Section 7

Section 7 of the Health and Safety at Work etc. Act 1974 places a duty on every employee to take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions at work.

A designer under CDM 2015 must eliminate, reduce or control foreseeable risks. What is the correct hierarchy they must follow?

Answer: Eliminate, reduce, control — and provide information about remaining risks

CDM 2015 Regulation 9 requires designers to follow the hierarchy: first eliminate foreseeable risks so far as reasonably practicable, then reduce risks that cannot be eliminated, then control remaining risks. They must also provide information about any remaining significant risks.

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), within what timeframe must a fatality or specified injury be reported to the HSE?

Answer: Without delay, and a written report within 10 days

Under RIDDOR 2013, deaths, specified injuries and dangerous occurrences must be reported without delay by the quickest practicable means (usually telephone). A written report (Form F2508) must follow within 10 days of the incident.