IOSH Understanding Responsibilities 3 — Questions and Answers
Question 1: What is the employer's duty regarding health and safety information for employees?
- Information only needs to be given verbally
- Employers must provide comprehensible and relevant information on risks, preventive measures, emergency procedures, and competent persons (Correct answer)
- Information is only required for new employees
- The employer can delegate this entirely to the HSE
Correct answer: Employers must provide comprehensible and relevant information on risks, preventive measures, emergency procedures, and competent persons
Under the Management Regulations 1999 and the HSWA 1974, employers must provide employees with comprehensible and relevant information on risks to their health and safety, preventive and protective measures, emergency procedures, and who the competent persons are.
Question 2: What is 'vicarious liability' in health and safety?
- Liability for accidents on a neighbour's property
- Where an employer is held liable for the negligent acts of an employee carried out in the course of employment (Correct answer)
- Liability that passes to the government after an accident
- Liability that is shared equally between all employees
Correct answer: Where an employer is held liable for the negligent acts of an employee carried out in the course of employment
Vicarious liability means that an employer can be held liable for the wrongful acts of an employee committed during the course of their employment. This is a civil law concept and is a key reason why employers must ensure proper training, supervision and procedures.
Question 3: What are an employer's duties regarding young workers (under 18)?
- Young workers have no special protections
- Employers must carry out a specific risk assessment, consider their inexperience and immaturity, and restrict certain hazardous work (Correct answer)
- Young workers are banned from all employment
- Young workers only need supervision on their first day
Correct answer: Employers must carry out a specific risk assessment, consider their inexperience and immaturity, and restrict certain hazardous work
Under the Management Regulations 1999, employers must carry out a specific risk assessment for young workers, taking into account their inexperience, lack of awareness of risks, and physical/psychological immaturity. Certain types of hazardous work are restricted or prohibited.
Question 4: What is the employer's duty regarding new or expectant mothers?
- They have no specific duties beyond the normal requirements
- They must carry out a specific risk assessment and take action to protect the mother and baby from identified risks (Correct answer)
- They must provide paid maternity leave only
- They must only act if the employee requests it in writing
Correct answer: They must carry out a specific risk assessment and take action to protect the mother and baby from identified risks
Under the Management Regulations 1999, employers must assess risks to new or expectant mothers and their babies. If risks are identified, they must alter working conditions/hours, offer suitable alternative work, or suspend on full pay if no alternative is available.
Question 5: What is the role of a 'competent person' under the Management Regulations 1999?
- To replace the employer's responsibility for health and safety
- To assist the employer with health and safety arrangements, including risk assessment and implementing preventive measures (Correct answer)
- To conduct all workplace inspections on behalf of the HSE
- To act as the company's legal representative in court
Correct answer: To assist the employer with health and safety arrangements, including risk assessment and implementing preventive measures
Regulation 7 requires employers to appoint one or more competent persons to assist them with their health and safety duties. A competent person has sufficient training, knowledge, experience and other qualities to properly perform the required functions.
Question 6: What is the difference between criminal and civil health and safety law?
- There is no difference
- Criminal law involves prosecution for breaching statutes (fines/imprisonment); civil law involves claims for compensation (damages) (Correct answer)
- Criminal law only applies to employers; civil law only applies to employees
- Criminal law is enforced by trade unions; civil law by the HSE
Correct answer: Criminal law involves prosecution for breaching statutes (fines/imprisonment); civil law involves claims for compensation (damages)
Criminal law involves prosecution by the state (HSE/local authority) for breaching health and safety statutes and regulations, with penalties including fines and imprisonment. Civil law involves individuals claiming compensation (damages) for injuries caused by negligence or breach of statutory duty.
IOSH Understanding Responsibilities 3
What is the employer's duty regarding health and safety information for employees?