NEBOSH DIPLOMA UNIT A PART 1
QUESTIONS & ANSWERS SOLVED 100%
CORRECT!!
What are the 5 conditions to allow a TBSD? Answer - 1. The statute permits a
civil action for breach of statutory duty.
2. The class of person is one that the statute was designed to protect (eg
employee). Most legislation is to protect employees, therefore visitors...public
are often unable to bring action.
3. The breach is one that the statute was designed to protect. (Corn v Weir
Glass) case.
4. Failure to carry out the duty. Depends on how the breach is qualified...if
absolute then no defence..but if RP...eg in Furness v midland bank water drops
failed on this point.
5. The breach led to damage or injury.
Main defences to TBSD Answer - Statute barred
There was no breach of duty (Furness v Midland Bank)
No duty owed (Rickett v Torquay council - R was not an EE, although ok to be
there)
Harm not covered by the statute
Breach did not cause loss (Corn v Weirs Glass)
,Contributory negligence
res ipsa loquitur Answer - 'The thing speaks for itself'. Sometimes the facts of
the case 'speak for themselves' in which case it is up to the defendant to
explain it, rather than the usual claimant to prove. Scott v London Docks..bag of
sugar fell from crane case.
The but for test Answer - The standard test to determine if the breach led to a
loss.
If the damage would not have occured BUT FOR the defendants breach of duty,
then the breach IS the cause of the damage.
If the damage would still have occured, even if the defendant had not broken
the DOC, then the breach did NOT cause the damage.
Section 2(3) safety policy Answer - The employer to prepare and revise as
necessary a writteni statement of his general policy with respect to his health
and safety at work of his employees and the organisation and arrangements in
force for carrying out the policy and to bring the statement and any revision of
it to the notice of all of his employees
S40 Reverse Burden of Proof Answer - In real terms it means that it is not for
the prosecution to prove guilt but for the defence to show that they are not
guilty. How are you to demonstrate that you have reduced the risks to as low as
reasonably practicable?
So it makes the task of prosecution much easier because -
The prosecutor has to prove BRD that ...
1. A breach of the regs occurred
,2. That the accused was responsible for it.
The defence to prove
3. It was not practicable or reasonable practicable
4. There were no better means to discharge the duty.
Acts of Parliament Answer - Green, white, 1/2/C/R/3 repeat,
Amendments/Q/act!
Public interest disclosure act Answer - " made in good faith to address a
genuine concern"
A criminal offence is being committed
A person is failing to comply with a legal obligation
HS of any individual is endangered
Environmental damage
A miscarriage of justice
Schedule I principles of prevention Answer - Practice A Policy means develop
an overall coherent preventative policy that covers SECTOr. (Social relationships
environment, conditions, technology, ORg of work)
Reg 10 info for employees (34811) Answer - Risks to their HS (3)
Pr and Prv measures (4)
Procedures for SID and DA and evac personnel (8)
Risks created by another er if workplace sharing. (11)
34811 trvtt
, Contract key points Answer - Offer and Acceptance - this means an
undertaking by the 'offerer' that if accepted he will be bound in contract. And
acceptance means the unconditional agreement to the terms and conditions
either in writing or orally.
Intention to create legal relations TRMT considering the relationship of the
parties and the nature of the agreement. Social and domestic arrangements
are considered not to create legal relations.
Written contract may be required for special arrangements like a deed.
Consideration (value) (both must gain something of value eg money, or
undertaking work). Consideration means the price paid for the others promise.
Mental capacity must be sound, inc alcohol and drugs
Genuineness of consent - mistakes made may affect the G of C meaning they
can be released from the contract.
Not contrary to public policy
Accident Incidence Rate Answer - # of accident injuries ÷ number of persons
employed
Remember if multiplied by 1000, then the answer would be x injuries per 1000
employees
Accident Frequency Rate Answer - # of accident injuries ÷ Total # hours worked
QUESTIONS & ANSWERS SOLVED 100%
CORRECT!!
What are the 5 conditions to allow a TBSD? Answer - 1. The statute permits a
civil action for breach of statutory duty.
2. The class of person is one that the statute was designed to protect (eg
employee). Most legislation is to protect employees, therefore visitors...public
are often unable to bring action.
3. The breach is one that the statute was designed to protect. (Corn v Weir
Glass) case.
4. Failure to carry out the duty. Depends on how the breach is qualified...if
absolute then no defence..but if RP...eg in Furness v midland bank water drops
failed on this point.
5. The breach led to damage or injury.
Main defences to TBSD Answer - Statute barred
There was no breach of duty (Furness v Midland Bank)
No duty owed (Rickett v Torquay council - R was not an EE, although ok to be
there)
Harm not covered by the statute
Breach did not cause loss (Corn v Weirs Glass)
,Contributory negligence
res ipsa loquitur Answer - 'The thing speaks for itself'. Sometimes the facts of
the case 'speak for themselves' in which case it is up to the defendant to
explain it, rather than the usual claimant to prove. Scott v London Docks..bag of
sugar fell from crane case.
The but for test Answer - The standard test to determine if the breach led to a
loss.
If the damage would not have occured BUT FOR the defendants breach of duty,
then the breach IS the cause of the damage.
If the damage would still have occured, even if the defendant had not broken
the DOC, then the breach did NOT cause the damage.
Section 2(3) safety policy Answer - The employer to prepare and revise as
necessary a writteni statement of his general policy with respect to his health
and safety at work of his employees and the organisation and arrangements in
force for carrying out the policy and to bring the statement and any revision of
it to the notice of all of his employees
S40 Reverse Burden of Proof Answer - In real terms it means that it is not for
the prosecution to prove guilt but for the defence to show that they are not
guilty. How are you to demonstrate that you have reduced the risks to as low as
reasonably practicable?
So it makes the task of prosecution much easier because -
The prosecutor has to prove BRD that ...
1. A breach of the regs occurred
,2. That the accused was responsible for it.
The defence to prove
3. It was not practicable or reasonable practicable
4. There were no better means to discharge the duty.
Acts of Parliament Answer - Green, white, 1/2/C/R/3 repeat,
Amendments/Q/act!
Public interest disclosure act Answer - " made in good faith to address a
genuine concern"
A criminal offence is being committed
A person is failing to comply with a legal obligation
HS of any individual is endangered
Environmental damage
A miscarriage of justice
Schedule I principles of prevention Answer - Practice A Policy means develop
an overall coherent preventative policy that covers SECTOr. (Social relationships
environment, conditions, technology, ORg of work)
Reg 10 info for employees (34811) Answer - Risks to their HS (3)
Pr and Prv measures (4)
Procedures for SID and DA and evac personnel (8)
Risks created by another er if workplace sharing. (11)
34811 trvtt
, Contract key points Answer - Offer and Acceptance - this means an
undertaking by the 'offerer' that if accepted he will be bound in contract. And
acceptance means the unconditional agreement to the terms and conditions
either in writing or orally.
Intention to create legal relations TRMT considering the relationship of the
parties and the nature of the agreement. Social and domestic arrangements
are considered not to create legal relations.
Written contract may be required for special arrangements like a deed.
Consideration (value) (both must gain something of value eg money, or
undertaking work). Consideration means the price paid for the others promise.
Mental capacity must be sound, inc alcohol and drugs
Genuineness of consent - mistakes made may affect the G of C meaning they
can be released from the contract.
Not contrary to public policy
Accident Incidence Rate Answer - # of accident injuries ÷ number of persons
employed
Remember if multiplied by 1000, then the answer would be x injuries per 1000
employees
Accident Frequency Rate Answer - # of accident injuries ÷ Total # hours worked
