Foundations of Health and Safety Flashcards
6 cards from real NEBOSH practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Foundations of Health and Safety flashcards as text
Under HSWA 1974, what is the maximum penalty for breaching Sections 2-6 on summary conviction in a magistrates' court?
Answer: Up to 6 months' imprisonment and/or an unlimited fine
For offences under Sections 2-6 of HSWA 1974, magistrates can impose an unlimited fine and/or up to 6 months' imprisonment on summary conviction. For conviction on indictment in the Crown Court, sentences of up to 2 years' imprisonment are possible.
Which international body publishes conventions and recommendations that set minimum standards for occupational safety and health globally?
Answer: International Labour Organization (ILO)
The ILO, a UN agency, publishes legally binding conventions and non-binding recommendations that establish international minimum standards for labour and occupational safety and health.
What is the legal significance of an HSE Approved Code of Practice (ACOP)?
Answer: It provides practical guidance and failure to follow it can be used as evidence of non-compliance, unless equivalent measures are shown
ACOPs have a special quasi-legal status. Whilst not following an ACOP is not itself an offence, in criminal proceedings failure to comply can be admitted as evidence of contravention unless the duty-holder can demonstrate compliance by equivalent means.
The Robens Report (1972) led directly to which major piece of UK legislation?
Answer: The Health and Safety at Work etc. Act 1974
The Robens Report (1972) recommended a unified, goal-setting framework to replace the fragmented, prescriptive legislation that existed. This directly led to the Health and Safety at Work etc. Act 1974.
In civil law, what must a claimant prove to successfully claim compensation for a workplace injury?
Answer: That a duty of care was owed, was breached, and the breach caused foreseeable harm
In negligence claims, the claimant must prove on the balance of probabilities that: a duty of care was owed, the duty was breached, the breach caused the injury, and the type of harm was foreseeable.
Under HSWA 1974 Section 37, who can be personally liable for a health and safety offence committed by a body corporate?
Answer: Directors, managers, or similar officers if the offence was committed with their consent, connivance, or neglect
Section 37 allows prosecution of directors, managers, secretaries, or similar officers where a corporate offence was committed with their consent, connivance, or attributable to their neglect.