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 is the Health and Safety (Consultation with Employees) Regulations 1996?
Answer: Regulations requiring employers to consult employees who are not represented by trade union safety representatives
These regulations require employers to consult employees directly (or through elected representatives of employee safety) on health and safety matters, where employees are not already represented by trade union-appointed safety representatives under the Safety Representatives and Safety Committees Regulations 1977.
What is meant by 'duty of care' in health and safety?
Answer: A common law obligation to take reasonable steps to avoid acts or omissions that could foreseeably cause harm to others
Duty of care is a common law concept that requires individuals and organisations to take reasonable steps to avoid acts or omissions that they can reasonably foresee might cause harm to others. In health and safety, it underpins the employer-employee relationship.
What are the Sentencing Council Guidelines for health and safety offences?
Answer: They provide a framework for courts to determine sentences based on culpability, harm, and the organisation's turnover
The Sentencing Council Guidelines (introduced 2016) provide a structured approach for sentencing health and safety offences. They consider the level of culpability, the category of harm (risk and actual), and the size/turnover of the organisation to determine the appropriate fine level.
What is the Corporate Manslaughter and Corporate Homicide Act 2007?
Answer: An act that allows organisations to be prosecuted where gross failures in management cause a person's death
The Corporate Manslaughter and Corporate Homicide Act 2007 allows organisations (not individuals) to be prosecuted where a gross failure in the way activities are managed or organised causes a person's death. The failure must be by senior management.
What is the significance of Section 37 of the HSWA 1974?
Answer: It allows prosecution of directors, managers or officers who consent to, connive in, or are neglectful of health and safety offences
Section 37 states that where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or attributable to neglect by, any director, manager, secretary or similar officer, that individual can also be prosecuted.
What must employers who share a workplace do regarding health and safety?
Answer: They must cooperate, coordinate and share relevant health and safety information with each other
Under Regulation 11 of the Management Regulations 1999, employers sharing a workplace must cooperate with each other, coordinate their activities, and inform each other about risks. This ensures that the activities of one employer don't endanger the workers of another.