SMSTS Legal & Regulatory Compliance 3 — Questions and Answers
Question 1: A site manager discovers a serious structural defect that poses imminent danger. Under HSWA 1974, what is their primary duty?
- Document the defect and report it at the next toolbox talk
- Take immediate action to prevent harm and notify the relevant parties (Correct answer)
- Wait for the client to authorise remedial work before acting
- Consult the trade union safety representative before taking action
Correct answer: Take immediate action to prevent harm and notify the relevant parties
Under HSWA 1974 Section 2, employers must ensure the safety of employees, requiring immediate action when imminent danger is identified.
Question 2: Under CDM 2015, a project is 'notifiable' to the HSE when construction work is likely to last longer than what duration?
- 14 working days or involve more than 250 person-days
- 30 working days with more than 20 workers simultaneously, or exceed 500 person-days (Correct answer)
- 10 working days or involve more than 100 person-days
- 20 working days or involve more than 200 person-days
Correct answer: 30 working days with more than 20 workers simultaneously, or exceed 500 person-days
A project is notifiable if the construction phase will last more than 30 working days with more than 20 simultaneous workers, or exceed 500 person-days.
Question 3: Which enforcement action requires the person served to stop a specific activity immediately?
- Improvement notice
- Prohibition notice (Correct answer)
- Enforcement letter
- Formal caution
Correct answer: Prohibition notice
A prohibition notice requires the immediate cessation of an activity that involves a risk of serious personal injury.
Question 4: The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to first consider which control measure?
- Provide personal protective equipment
- Use local exhaust ventilation
- Eliminate or substitute the hazardous substance (Correct answer)
- Implement administrative controls
Correct answer: Eliminate or substitute the hazardous substance
COSHH follows a hierarchy where elimination or substitution of the hazardous substance is the first and preferred control measure.
Question 5: Under the Work at Height Regulations 2005, which approach must be considered FIRST before allowing work at height?
- Provide fall arrest equipment
- Avoid the need to work at height altogether (Correct answer)
- Install edge protection
- Use a safety harness
Correct answer: Avoid the need to work at height altogether
The Work at Height Regulations 2005 require that work at height be avoided entirely if it is reasonably practicable to do so.
Question 6: Which body is primarily responsible for enforcing health and safety legislation on UK construction sites?
- Local Authority Environmental Health
- Health and Safety Executive (HSE) (Correct answer)
- Construction Industry Training Board (CITB)
- Office of Rail and Road (ORR)
Correct answer: Health and Safety Executive (HSE)
The Health and Safety Executive (HSE) is the primary enforcing authority for health and safety on construction sites in Great Britain.
Question 7: A worker suffers an amputation of a finger at a construction site. Under RIDDOR 2013, this is classified as what type of reportable incident?
- Dangerous occurrence
- Over-7-day injury
- Specified injury (Correct answer)
- Near miss
Correct answer: Specified injury
Amputation of a finger, thumb or toe is classified as a specified injury under RIDDOR 2013 and must be reported immediately.
SMSTS Legal & Regulatory Compliance 3
A site manager discovers a serious structural defect that poses imminent danger.
Under HSWA 1974, what is their primary duty?