SMSTS Legal & Regulatory Compliance 2 — Questions and Answers
Question 1: Under the Construction (Design and Management) Regulations 2015, who is responsible for preparing the pre-construction information pack?
- The principal contractor
- The client
- The principal designer (Correct answer)
- The HSE
Correct answer: The principal designer
The principal designer is responsible for gathering and preparing the pre-construction information pack under CDM 2015.
Question 2: Which legislation specifically requires employers to assess risks to the health and safety of their employees?
- Health and Safety at Work Act 1974
- Management of Health and Safety at Work Regulations 1999 (Correct answer)
- Workplace (Health, Safety and Welfare) Regulations 1992
- Provision and Use of Work Equipment Regulations 1998
Correct answer: Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 specifically require employers to conduct suitable and sufficient risk assessments.
Question 3: What is the maximum fine that can be imposed on an individual convicted of a health and safety offence in the Crown Court in Great Britain?
- £25,000
- £50,000
- Unlimited (Correct answer)
- £500,000
Correct answer: Unlimited
Since 2016, Crown Court fines for health and safety offences are unlimited for both companies and individuals.
Question 4: Which of the following is a 'duty holder' under CDM 2015?
- Trade union representative
- HSE inspector
- Principal designer (Correct answer)
- Local authority planning officer
Correct answer: Principal designer
CDM 2015 defines duty holders as clients, principal designers, designers, principal contractors, and contractors.
Question 5: Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), how soon must a fatal accident at work be reported to the HSE?
- Within 24 hours
- Within 3 days
- Immediately (without delay) (Correct answer)
- Within 7 days
Correct answer: Immediately (without delay)
Fatal accidents must be reported to the HSE immediately, without delay, by the fastest practicable means.
Question 6: The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require that lifting equipment used for lifting persons is thoroughly examined at what frequency?
- Every 12 months
- Every 6 months (Correct answer)
- Every 3 months
- Every 2 years
Correct answer: Every 6 months
LOLER requires equipment used for lifting persons to be thoroughly examined at least every 6 months.
Question 7: Which regulation requires employers to provide adequate welfare facilities such as toilets, washing facilities, and rest areas on construction sites?
- Construction (Design and Management) Regulations 2015 (Correct answer)
- Workplace (Health, Safety and Welfare) Regulations 1992
- Construction (Health, Safety and Welfare) Regulations 1996
- Health and Safety (First Aid) Regulations 1981
Correct answer: Construction (Design and Management) Regulations 2015
CDM 2015 Schedule 2 sets out the minimum welfare facilities required on construction sites.
Under the Construction (Design and Management) Regulations 2015, who is responsible for preparing the pre-construction information pack?