Legal Framework

What is the Health and Safety at Work etc. Act 1974 (HSWA)?

• AThe primary UK legislation governing occupational H&S✓
• BA regulation applying only to construction
• CA code of practice for specific industries
• DAn international standard

Answer: HSWA 1974 is the primary framework of UK H&S law, applying to all workplaces and activities.

Who does HSWA 1974 apply to?

• AEmployers, self-employed, workers, and persons controlling workplaces✓
• BOnly employers in high-risk industries
• COnly large companies
• DOnly manufacturing businesses

Answer: HSWA applies to all employers, self-employed, workers, and persons in control of workplaces.

What is the main duty of employers under HSWA Section 2?

• ATo ensure the H&S of employees and others affected by their work✓
• BTo provide medical insurance
• CTo report all injuries to police
• DTo employ a H&S manager

Answer: Section 2 requires employers to ensure, so far as reasonably practicable, H&S of employees and others.

What does 'reasonably practicable' mean in H&S law?

• AWeighing the cost of control measures against the risk and degree of hazard✓
• BWhat is technically possible
• CThe minimum legal requirement
• DWhat the majority of businesses do

Answer: 'Reasonably practicable' requires weighing the extent of the risk and hazard against the cost and practicality of control measures.

What are the Management of Health and Safety at Work Regulations 1999 (MHSWR)?

• ARegulations setting out specific management requirements (risk assessment, planning, implementation)✓
• BRegulations for construction work only
• CGuidelines for voluntary adoption
• DRegulations applying only to large employers

Answer: MHSWR 1999 are principal regulations requiring risk assessment, planning, implementation, monitoring and review of H&S.

What must a risk assessment under MHSWR include?

• AIdentification of hazards, assessment of risks, determination of control measures✓
• BOnly inspection of equipment
• COnly recording occupational diseases
• DOnly interviewing workers

Answer: MHSWR requires employers to identify hazards, assess risks and determine control measures.

What is the purpose of the Construction (Design and Management) Regulations 2015 (CDM)?

• ATo manage H&S risks throughout the project lifecycle from design to demolition✓
• BTo apply only to large building projects
• CTo regulate only construction workers
• DTo replace planning permissions

Answer: CDM 2015 requires integrated H&S management for all construction work, including design, planning and execution phases.

Under CDM 2015, who has overall responsibility for H&S?

• AThe Principal Designer and Principal Contractor working together✓
• BOnly the site manager
• COnly the architect
• DOnly the client

Answer: CDM 2015 assigns key roles to client, principal designer, principal contractor and workers to manage H&S throughout the project.

What is RIDDOR?

• AThe Reporting of Injuries, Diseases and Dangerous Occurrences Regulations✓
• BA regulation about road safety
• CA directive about machine safety
• DA standard for chemical storage

Answer: RIDDOR requires employers to report serious injuries, occupational diseases and dangerous occurrences to the HSE.

Which type of incident MUST be reported under RIDDOR?

• AFatal injuries, serious injuries, over 7-day incapacitation, occupational diseases, near misses✓
• BOnly fatal injuries
• COnly injuries requiring hospital treatment
• DOnly injuries to managers

Answer: RIDDOR requires reporting of fatal injuries, serious injuries, over 7-day incapacitations, occupational diseases and dangerous occurrences.

What is the Corporate Manslaughter and Corporate Homicide Act 2007?

• ALegislation making organisations liable for deaths caused by serious management failures in H&S✓
• BA regulation about criminal assault
• CA law about workplace violence
• DA regulation about product defects

Answer: The act holds organisations liable where a management failure caused a person's death and contributed substantially to the breach of duty.

What is the maximum fine for breach of HSWA Section 2 by an employer?

• AUnlimited fine and/or imprisonment✓
• B£5,000 maximum
• C£10,000 maximum
• DNo financial penalty

Answer: Breach of Section 2 carries unlimited fines and/or up to 2 years imprisonment for individuals.