NEBOSH NGC1 Foundations in Health and
Safety-Questions Answered 100% Correct
Practicable Duty - ANS Level of duty that ensures that the employer ensures so far as is
reasonably practicable, any control measure is maintained in an efficient state.
If the duty is technically possible that it must be done regardless of any difficulty,
inconvenience or cost.
Reasonably Practicable Duty - ANS Most common level of duty whereby the employer
can weigh the risks against the time, costs, and or efforts of removing or reducing the risk
Summary Offense - ANS Minor offense which can be tried without a jury in the Magistrate
Court
Indictable Offense - ANS Serious offense which is tried with a jury in the Crown Court
Either Way Offense - ANS Offense which can be tried in either the Magistrate or
Crown Court
Health and Safety Executive
Office of Rail Regulation
Local Authority
Police
Crown Prosecution Service
Environmental Health Officer
Fire Service
Environmental Agency - ANS Enforcement Agencies
,Fatality
Serious Accident
Dangerous Occurrence (RIDDOR 2013)
Random Visit
Routine Visit (High Risk Organizations - Petroleum)
Whistle Blower (public or disgruntled employee)
Serious Spillage
Environmental Issue
Degree of Risk
Invited - ANS Reasons for Health and Safety Executive or Local Authority Inspections
Enter w/o warrant
Bring in police officer or specialists
Take samples, measurements, photos, copies of documents
Test equipment
Require people to answer questions
Require reasonable facilities
Issue notices
Initiate prosecution
,Leave site undisturbed - ANS Powers of Inspectors (HSE, LA) during an inspection
Take no action
Give verbal or written advice
Formal caution
Serve Improvement Notice
Serve Prohibition Notice
Prosecute - ANS Actions available to Inspectors (HSE, LA)
The inspector interpreted the law incorrectly
The inspector exceeded his/her powers
The breach is admitted but the proposed solution is not practicable or reasonably
practicable
The time allowed to comply is too short
The breach is admitted but the breach is so insignificant that the notice should be cancelled
- ANS 5 main grounds for an appeal of a Prohibition or Improvement Notice
Civil Law - ANS Type of law concerned with disputes between individuals or
companies, liability, and proof based on the balance of probability
Common Knowledge
Industry Knowledge
, Expert Knowledge - ANS 3 Tests to determine Reasonably Foreseeable
Statute Barred - ANS Breach of an act or some regulations which prohibits civil action
following a breach of statutory duty
Double Barrelled - ANS Action where employees may sue their employer for
both negligence and breach of a statutory duty
Duty of care was owed
Duty of care was breached
The breach resulted in specific injury or loss - ANS 3 criteria to establish negligence
No duty of care was owed
No breach to duty of care
No damage or loss
Contributory Negligence
Risk was willingly accepted
Facts in the case are disputed - ANS 6 defences against a claim of negligence
Safety-Questions Answered 100% Correct
Practicable Duty - ANS Level of duty that ensures that the employer ensures so far as is
reasonably practicable, any control measure is maintained in an efficient state.
If the duty is technically possible that it must be done regardless of any difficulty,
inconvenience or cost.
Reasonably Practicable Duty - ANS Most common level of duty whereby the employer
can weigh the risks against the time, costs, and or efforts of removing or reducing the risk
Summary Offense - ANS Minor offense which can be tried without a jury in the Magistrate
Court
Indictable Offense - ANS Serious offense which is tried with a jury in the Crown Court
Either Way Offense - ANS Offense which can be tried in either the Magistrate or
Crown Court
Health and Safety Executive
Office of Rail Regulation
Local Authority
Police
Crown Prosecution Service
Environmental Health Officer
Fire Service
Environmental Agency - ANS Enforcement Agencies
,Fatality
Serious Accident
Dangerous Occurrence (RIDDOR 2013)
Random Visit
Routine Visit (High Risk Organizations - Petroleum)
Whistle Blower (public or disgruntled employee)
Serious Spillage
Environmental Issue
Degree of Risk
Invited - ANS Reasons for Health and Safety Executive or Local Authority Inspections
Enter w/o warrant
Bring in police officer or specialists
Take samples, measurements, photos, copies of documents
Test equipment
Require people to answer questions
Require reasonable facilities
Issue notices
Initiate prosecution
,Leave site undisturbed - ANS Powers of Inspectors (HSE, LA) during an inspection
Take no action
Give verbal or written advice
Formal caution
Serve Improvement Notice
Serve Prohibition Notice
Prosecute - ANS Actions available to Inspectors (HSE, LA)
The inspector interpreted the law incorrectly
The inspector exceeded his/her powers
The breach is admitted but the proposed solution is not practicable or reasonably
practicable
The time allowed to comply is too short
The breach is admitted but the breach is so insignificant that the notice should be cancelled
- ANS 5 main grounds for an appeal of a Prohibition or Improvement Notice
Civil Law - ANS Type of law concerned with disputes between individuals or
companies, liability, and proof based on the balance of probability
Common Knowledge
Industry Knowledge
, Expert Knowledge - ANS 3 Tests to determine Reasonably Foreseeable
Statute Barred - ANS Breach of an act or some regulations which prohibits civil action
following a breach of statutory duty
Double Barrelled - ANS Action where employees may sue their employer for
both negligence and breach of a statutory duty
Duty of care was owed
Duty of care was breached
The breach resulted in specific injury or loss - ANS 3 criteria to establish negligence
No duty of care was owed
No breach to duty of care
No damage or loss
Contributory Negligence
Risk was willingly accepted
Facts in the case are disputed - ANS 6 defences against a claim of negligence
