Understanding Responsibilities Flashcards
6 cards from real IOSH practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Understanding Responsibilities flashcards as text
What powers does an HSE inspector have?
Answer: They can enter premises, examine, investigate, take samples, issue notices, and initiate prosecution
HSE inspectors have wide-ranging powers under the HSWA 1974 including: entering premises at any reasonable time, examining and investigating, taking measurements and samples, requiring information, issuing improvement and prohibition notices, and initiating prosecutions.
What is an 'Improvement Notice'?
Answer: A notice requiring the duty holder to remedy a contravention of legislation within a specified time period
An Improvement Notice is issued when an inspector believes there is a contravention of health and safety legislation. It requires the duty holder to remedy the contravention within a specified time period (at least 21 days). Work can continue while improvements are made.
What is a 'Prohibition Notice'?
Answer: A notice requiring immediate or imminent cessation of activities that pose a risk of serious personal injury
A Prohibition Notice is issued when an inspector believes there is a risk of serious personal injury. It requires the activity to stop immediately (or when the risk becomes imminent). The activity cannot resume until the risk has been adequately addressed.
What is the maximum penalty for a health and safety offence tried in the Crown Court?
Answer: Unlimited fine and/or up to two years' imprisonment
For offences tried on indictment in the Crown Court, penalties can include unlimited fines and imprisonment of up to two years. The Sentencing Council guidelines for health and safety offences introduced in 2016 have led to significantly higher fines.
What duties does the Management of Health and Safety at Work Regulations 1999 impose?
Answer: Risk assessment, competent assistance, emergency procedures, information, training, and cooperation
The Management Regulations 1999 require: suitable and sufficient risk assessments, appointment of competent persons, emergency procedures, provision of information and training, health surveillance where needed, cooperation between employers sharing a workplace, and protection of young persons.
Can employees be prosecuted for health and safety offences?
Answer: Yes, under Section 7 for failing to take reasonable care or under Section 8 for interfering with safety provisions
Employees can be prosecuted under Section 7 for failing to take reasonable care of themselves or others, or for failing to cooperate with their employer. Under Section 8, anyone (not just employees) can be prosecuted for interfering with safety provisions.