IOSH Understanding Responsibilities 2 — Questions and Answers
Question 1: What powers does an HSE inspector have?
- They can only give verbal advice
- They can enter premises, examine, investigate, take samples, issue notices, and initiate prosecution (Correct answer)
- They can only issue fines on the spot
- They can only inspect during business hours with prior notice
Correct 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.
Question 2: What is an 'Improvement Notice'?
- A notice praising good safety standards
- A notice requiring the duty holder to remedy a contravention of legislation within a specified time period (Correct answer)
- A notice issued to improve employee skills
- A notice requiring immediate cessation of work
Correct 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.
Question 3: What is a 'Prohibition Notice'?
- A notice prohibiting the sale of dangerous products
- A notice requiring immediate or imminent cessation of activities that pose a risk of serious personal injury (Correct answer)
- A notice prohibiting employees from joining a union
- A notice that can only be issued by a court
Correct 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.
Question 4: What is the maximum penalty for a health and safety offence tried in the Crown Court?
- £5,000 fine
- Unlimited fine and/or up to two years' imprisonment (Correct answer)
- £20,000 fine only
- Community service only
Correct 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.
Question 5: What duties does the Management of Health and Safety at Work Regulations 1999 impose?
- Only the duty to provide first aid
- Risk assessment, competent assistance, emergency procedures, information, training, and cooperation (Correct answer)
- Only the duty to appoint a safety officer
- Only the duty to display the health and safety law poster
Correct 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.
Question 6: Can employees be prosecuted for health and safety offences?
- No, only employers can be prosecuted
- Yes, under Section 7 for failing to take reasonable care or under Section 8 for interfering with safety provisions (Correct answer)
- Only if they are trade union members
- Only if they are managers
Correct 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.
IOSH Understanding Responsibilities 2
What powers does an HSE inspector have?