Nebosh General
Certificate
Latest Questions
2024/2025
(100% Errorless
Answers)
,Define 'Health' correct answers A state of complete physical mental and social well-being and
not merely the absence if disease ir illness
Define 'Safety' correct answers The state of being safe, free from unacceptable risk of injury,
danger or loss
Define 'welfare' correct answers Employers are required to provide adequate welfare facilities for
their employees, such as: washing, toilet, rest and changing facilities and somewhere clean to eat
and drink.
What are the 3 drivers for health and safety? correct answers Moral- codes of conducts, rules and
behaviours imposed by society and because it's the right thing to do.
Financial - accidents cost money in compensation, corrective actions, fines, legal costs, training,
insurance and reputation all damage
Legal - to remain compliant with the law.
Points relating to civil law correct answers > Tort - negligence
> civil wrong to an individual
> Action taken by injured party
> heard in a civil court
> determines liability
> loss is necessary for action
> seeks compensation for loss
> liability proven on 'the balance of probability'
> can be insured against (employers liability is compulsory)
Points of criminal law correct answers > crime e.g a breach of the h&s act or regulation
> criminal offence against society
> prosecuted by enforcing body / CPS
> tried in a criminal court
> determines guilt
> loss is not necessary
> seeks to punish for breach
> guilt is proven 'beyond all reasonable doubt'
> cannot be insured against
What courts hear civil cases? correct answers County court
High court for appeals
Employment tribunals
Employment appeals tribunal.
What courts hear criminal law? correct answers Magistrates court - less serious
Crown court - more serious
High court
, Court if appeal
Supreme Court
What is an employment tribunal and what do they do? correct answers Independent judicial body
determines disputes between employers and employees to do with
- unfair dismissal - redundancy payments - discrimination.
They also hear
- appeals on behalf of trade union / safety reps
- appeals for unfair dismissal on h&s grounds
- claims for detrimental treatment on h&s grounds.
Decisions are legally binding
Civil law - define negligence correct answers Careless conduct injuring another
What must be proven for a civil case of negligence to be heard? correct answers 1) the defendant
owed a duty if care to the claimant.
2) the duty of care was breached, and
3) claimant was injured as a result of the breach
What defences can be used against claims of negligence? correct answers 1) defendant did not
owe a duty if care to the claimant.
2) duty of care was not breached
3) the breach didn't give rise to the injury or loss
Also:
1) injury was the sole fault of the employee
2) injury was the sole fault of a third party
3) proceedings were not brought within the specified timeframe
Explain duty of care In relation to negligence. correct answers Duty of care is breached if
defendant has failed to exercise the reasonable care expected
Claimant must prove that they wouldn't have suffered loss if it wasn't for the breach
What is contributory negligence? correct answers Claimants own carelessness or disregard for
his own personal safety has contributed to the injury or loss. Damages would reflect this.
What is vicarious liability? correct answers Employer is responsible for the actions of its
employees. If an employee injures another with their actions, the employee holds liability.
What is the health and safety at work act? correct answers The health and safety at work act 1974
is the main health and safety legislation. It's an act of Parliament and prescribes general duties. It
is a criminal act not to comply.
What are regulations correct answers Regulations support the act. Section 15 of the act enables
the creation of regulations. The regulations are more specific than the act, they are problem
specific (noise, hazardous substances)
It is a criminal offence not to comply.
Certificate
Latest Questions
2024/2025
(100% Errorless
Answers)
,Define 'Health' correct answers A state of complete physical mental and social well-being and
not merely the absence if disease ir illness
Define 'Safety' correct answers The state of being safe, free from unacceptable risk of injury,
danger or loss
Define 'welfare' correct answers Employers are required to provide adequate welfare facilities for
their employees, such as: washing, toilet, rest and changing facilities and somewhere clean to eat
and drink.
What are the 3 drivers for health and safety? correct answers Moral- codes of conducts, rules and
behaviours imposed by society and because it's the right thing to do.
Financial - accidents cost money in compensation, corrective actions, fines, legal costs, training,
insurance and reputation all damage
Legal - to remain compliant with the law.
Points relating to civil law correct answers > Tort - negligence
> civil wrong to an individual
> Action taken by injured party
> heard in a civil court
> determines liability
> loss is necessary for action
> seeks compensation for loss
> liability proven on 'the balance of probability'
> can be insured against (employers liability is compulsory)
Points of criminal law correct answers > crime e.g a breach of the h&s act or regulation
> criminal offence against society
> prosecuted by enforcing body / CPS
> tried in a criminal court
> determines guilt
> loss is not necessary
> seeks to punish for breach
> guilt is proven 'beyond all reasonable doubt'
> cannot be insured against
What courts hear civil cases? correct answers County court
High court for appeals
Employment tribunals
Employment appeals tribunal.
What courts hear criminal law? correct answers Magistrates court - less serious
Crown court - more serious
High court
, Court if appeal
Supreme Court
What is an employment tribunal and what do they do? correct answers Independent judicial body
determines disputes between employers and employees to do with
- unfair dismissal - redundancy payments - discrimination.
They also hear
- appeals on behalf of trade union / safety reps
- appeals for unfair dismissal on h&s grounds
- claims for detrimental treatment on h&s grounds.
Decisions are legally binding
Civil law - define negligence correct answers Careless conduct injuring another
What must be proven for a civil case of negligence to be heard? correct answers 1) the defendant
owed a duty if care to the claimant.
2) the duty of care was breached, and
3) claimant was injured as a result of the breach
What defences can be used against claims of negligence? correct answers 1) defendant did not
owe a duty if care to the claimant.
2) duty of care was not breached
3) the breach didn't give rise to the injury or loss
Also:
1) injury was the sole fault of the employee
2) injury was the sole fault of a third party
3) proceedings were not brought within the specified timeframe
Explain duty of care In relation to negligence. correct answers Duty of care is breached if
defendant has failed to exercise the reasonable care expected
Claimant must prove that they wouldn't have suffered loss if it wasn't for the breach
What is contributory negligence? correct answers Claimants own carelessness or disregard for
his own personal safety has contributed to the injury or loss. Damages would reflect this.
What is vicarious liability? correct answers Employer is responsible for the actions of its
employees. If an employee injures another with their actions, the employee holds liability.
What is the health and safety at work act? correct answers The health and safety at work act 1974
is the main health and safety legislation. It's an act of Parliament and prescribes general duties. It
is a criminal act not to comply.
What are regulations correct answers Regulations support the act. Section 15 of the act enables
the creation of regulations. The regulations are more specific than the act, they are problem
specific (noise, hazardous substances)
It is a criminal offence not to comply.
