NEBOSH CC Construction Health and Safety Law — Questions and Answers
Question 1: Under the Construction (Design and Management) Regulations 2015 (CDM 2015), who has the duty to appoint a principal designer and principal contractor on projects involving more than one contractor?
- The client (Correct answer)
- The principal contractor
- The Health and Safety Executive
- The local authority
Correct answer: The client
Under CDM 2015, the client has the legal duty to appoint a principal designer and principal contractor for projects involving more than one contractor. If the client fails to make these appointments, they assume the duties of these roles themselves.
Question 2: What is the main purpose of a construction phase plan under CDM 2015?
- To set out the arrangements for managing health and safety during the construction phase (Correct answer)
- To provide a detailed cost estimate for the project
- To list all subcontractors on site
- To record all accidents that occur during construction
Correct answer: To set out the arrangements for managing health and safety during the construction phase
The construction phase plan is required before the construction phase begins and sets out the health and safety arrangements, site rules, and specific measures for managing significant risks. The principal contractor must prepare it for multi-contractor projects.
Question 3: Under the Health and Safety at Work etc. Act 1974, what is the general duty of an employer towards non-employees who may be affected by their work activities?
- To conduct their undertaking so as not to expose them to risks to health and safety, so far as is reasonably practicable (Correct answer)
- To provide them with personal protective equipment
- To provide them with health and safety training
- No duty is owed to non-employees
Correct answer: To conduct their undertaking so as not to expose them to risks to health and safety, so far as is reasonably practicable
Section 3 of HSWA 1974 requires employers to conduct their undertaking in such a way that persons not in their employment (e.g., members of the public, visitors to construction sites) are not exposed to risks to their health and safety, so far as is reasonably practicable.
Question 4: What enforcement notice can an HSE inspector serve when there is a risk of serious personal injury that requires immediate action?
- Prohibition notice (Correct answer)
- Improvement notice
- Crown notice
- Advisory notice
Correct answer: Prohibition notice
A prohibition notice is served when an inspector believes there is a risk of serious personal injury. It takes immediate effect (or can be deferred) and stops the activity until the matter is remedied. An improvement notice gives a time period (minimum 21 days) to rectify a contravention.
Question 5: Under CDM 2015, which duty holder is responsible for planning, managing, and monitoring the construction phase to ensure health and safety?
- The principal contractor (Correct answer)
- The principal designer
- The client
- The architect
Correct answer: The principal contractor
The principal contractor has the duty to plan, manage, monitor, and coordinate the construction phase to ensure the health and safety of all persons carrying out or affected by the construction work. They must also ensure suitable site induction, welfare facilities, and consultation with workers.
Question 6: What is the maximum imprisonment term on indictment for breaching sections 2-6 of the Health and Safety at Work etc. Act 1974?
- Unlimited fine and/or up to 2 years imprisonment (Correct answer)
- 6 months imprisonment
- 12 months imprisonment
- 5 years imprisonment
Correct answer: Unlimited fine and/or up to 2 years imprisonment
For breaches of sections 2-6 of HSWA 1974, conviction on indictment can result in an unlimited fine and/or imprisonment for up to 2 years. The Sentencing Council guidelines also consider turnover-based fines for organisations, which can be extremely substantial.
NEBOSH CC Construction Health and Safety Law
Under the Construction (Design and Management) Regulations 2015 (CDM 2015), who has the duty to appoint a principal designer and principal contractor on projects involving more than one contractor?