CITB Managers Health and Safety Law (CDM 2015) 2

Question 1

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?

Accepted Answer

Sufficient training, experience and knowledge

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

Section 7

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

CITB HS&E Managers Practice Test

CITB HS&E Managers Practice Test

CITB Managers Health and Safety Law (CDM 2015) 2