Nebosh, Top Exam Questions and answers, 100% Accurate.
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Nebosh
Institution
Nebosh
Nebosh, Top Exam Questions and answers, 100% Accurate.
Define 'Health' - -A state of complete physical mental and social well-being and not merely the absence if disease ir illness
Define 'Safety' - -The state of being safe, free from unacceptable risk of injury, danger or loss
Define 'w...
Nebosh, Top Exam Questions and
answers, 100% Accurate.
Define 'Health' - ✔✔-A state of complete physical mental and social well-being and not merely the
absence if disease ir illness
Define 'Safety' - ✔✔-The state of being safe, free from unacceptable risk of injury, danger or loss
Define 'welfare' - ✔✔-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? - ✔✔-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 - ✔✔-> 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 - ✔✔-> 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? - ✔✔-County court
High court for appeals
Employment tribunals
Employment appeals tribunal.
What courts hear criminal law? - ✔✔-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? - ✔✔-Independent judicial body determines
disputes between employers and employees to do with
- claims for detrimental treatment on h&s grounds.
Decisions are legally binding
, Civil law - define negligence - ✔✔-Careless conduct injuring another
What must be proven for a civil case of negligence to be heard? - ✔✔-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? - ✔✔-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. - ✔✔-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? - ✔✔-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? - ✔✔-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? - ✔✔-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.
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