IOSH Understanding Responsibilities 4

Question 1

What is the Health and Safety (Consultation with Employees) Regulations 1996?

Accepted Answer

Regulations requiring employers to consult employees who are not represented by trade union safety representatives

Answer

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.

Question 2

What is meant by 'duty of care' in health and safety?

Accepted Answer

A common law obligation to take reasonable steps to avoid acts or omissions that could foreseeably cause harm to others

Answer

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.

Question 3

What are the Sentencing Council Guidelines for health and safety offences?

Accepted Answer

They provide a framework for courts to determine sentences based on culpability, harm, and the organisation's turnover

Answer

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.

Question 4

What is the Corporate Manslaughter and Corporate Homicide Act 2007?

Accepted Answer

An act that allows organisations to be prosecuted where gross failures in management cause a person's death

Answer

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.

Question 5

What is the significance of Section 37 of the HSWA 1974?

Accepted Answer

It allows prosecution of directors, managers or officers who consent to, connive in, or are neglectful of health and safety offences

Answer

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.

IOSH Managing Safely Practice Test

IOSH Managing Safely Practice Test

IOSH Understanding Responsibilities 4