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NEBOSH Certificate NG1 Management of Health and Safety BITESIZE Key Notes

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This package contains the entire NEBOSH Certificate NG1 Management of Health & Safety course summarised in BITESIZE Key Notes. The Key Notes are in pdf format and each A4 page contains 8 “cards” which are ready to be printed by yourself and either cut out or used in A4 format. There are appr...

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  • September 13, 2023
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  • 2023/2024
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Copyright Notice
NG1
Management of Health and Safety All rights reserved.
For personal use only.
This does not include any copying, sharing or
commercial use of the materials without the
Element 1 prior written consent of the Copyright owner.

Why we should manage ©Copyright 2021 StudyAid
workplace health & safety
1 2



Learning Outcome Some key terms

1.1 Discuss the moral, financial and legal reasons
for managing health and safety in the workplace
What is Health and Safety




And Welfare
3 4




Health Welfare
The protection of the bodies and minds of people The provision of facilities to maintain the health and
from illness resulting from the materials, processes well-being of individuals at the workplace.
and procedures used in the workplace
Illness Facilities/Comfort
Safety
The protection of people from physical injury

Injury / Accidents
Answer 5 Answer 6


What are the Moral and Financial Moral reasons
Reasons for promoting H&S standards
Employer owes a duty of care (love thy neighbour)
Societal/public expectations
Impact on victim pain & suffering
Impact on families
Effect on colleagues & workmates




7 Answer 8

, Financial reasons Legal reasons
Legal costs
Legal duties apply HSWA 1974
Fines & compensation
Enforcement actions
Insurance costs
Criminal liability prosecution
Damaged equipment or lost output
Punitive fines or imprisonment
Damage to business reputation
Civil liability - compensation
Problems recruiting
Absence of skilled staff
Reduction in staff Morale
Answer 9 10


Employers Liability Insurance Employers Liability Insurance

Legal requirement for most employers except: Purpose is to ensure that
An employee who is harmed due to the fault
Government departments of their employer is assured of receiving
Health Service bodies compensation that the employer might
otherwise not be able to afford
Penalty for not having insurance
Covers legal fees and compensation
£2500 per day
11 12



Employers' Liability insurance Accident Iceberg 1:10 ratio
Insured costs £1
Employers need to display a copy of the certificate
where employees can read it.

If requested it should be made available to Health
and Safety Executive Inspectors.
Uninsured costs £10




Failure to do so can result in fines of up to £1000.


13 14



Costs of accidents And the cost in the UK?
Insured costs Un-insured costs
Compensation Lost time
Medical costs Sick pay Total cost to UK society;
Damage to plant Damage or loss of product and raw £15 Billion/year (2% Gross Domestic Product)
materials
Legal costs Loss to employers;
Extra wages, overtime working and
temporary labour £3.0 Billion/year (4% gross company trading
Production delays profit)
Investigation time Loss to government;
Fines
£3.4 Billion
Loss of contracts
Loss of business reputation
15 16

, Practice Question Practice Question

(a) It is a legal requirement so that an employee
insurance (2) who is harmed due to the fault of their
employer is assured of receiving compensation
(b) List SIX uninsured costs that might arise that the employer might otherwise not be able
from a workplace accident (6) to afford.




17 Answer 18


Learning Outcome
Practice Question
(b)
Production delays or lost production 1.2 Explain how the law works and the
consequences of non-compliance
Damage to buildings, equipment, materials and
product
Time involved for investigation, hiring and
training of replacement staff
Loss of reputation and goodwill
Possible clean up costs
Fines and legal costs
Answer 19 20


Legal Framework in UK Sources of Law

where it comes from or
There are 2 Sources of law
how it originates
STATUTE
STATUTE
COMMON Laid down by parliament as Acts of Parliament and
other legislation.
HASAW Act 1974 lays down a general legal
There are 2 Types of law
framework.
CRIMINAL
Specific H&S duties are covered by Regulations or
statutory instruments
CIVIL
21 22




Sources of Law Types of Law
COMMON CRIMINAL
Dates from 11th century William 1 applied uniform Consists of rules laid down by the Government,
(common) system of law across England. normally enacted by Acts of Parliament
Courts are bound by earlier judgements on any point
of Law (precedent), lower courts must follow the
judgement of a higher court. Results in
CRIMINAL RECORD




23 24

, Types of Law U.K. Law
Both sources of law can be either civil or criminal
CIVIL
Concerns disputes between individuals or individuals Criminal
(e.g. The Health and
and organisations Statute Law Safety at Work Etc Act
1974)


Civil
(e.g. The Occupiers
Liability Act 1957)
Results in
DAMAGES OR COMPENSATION Criminal
(e.g. Murder)
Common Law

Civil
(e.g. Negligence)



25 26


European

Employment Tribunals Courts

Supreme court

Originally to deal with redundancy payments Court of Appeal


Hear cases in relation to Health and Safety Employment High Crown
Appeals Court Court
Unfair dismissal Tribunals
Appeals against not letting safety reps have time for
training
Employment County Magistrates
Appeals against Enforcement notices Tribunals Court Court


Civil Law Criminal Law


27 28




Summary of Differences Civil Cases
in relation to Health & Safety
CRIMINAL CIVIL
Brought by the State Individuals or
Deal with Tort (damage)of Negligence
Organisations
Concerned with Punishment Damages/Redress Negligence
Is the lack of reasonable care or conduct which results in
Burden of proof Beyond On the balance of
either injury or damage (or financial loss) of or to another.
reasonable doubt probabilities
Court Magistrates County
Crown High
Costs Uninsurable Insurable
Time bound No 3 yrs from
awareness

29 30



Civil Cases Duty of Care
in relation to Health & Safety
Claimant must prove 3 things: Employer must provide:

There was a Duty of Care owed to the claimant safe place of work,
There was a Negligent Breach in the way that duty including access and egress
was carried out, and safe plant and equipment
The Breach led directly to the injury. safe system of work
safe and competent fellow employees
adequate levels of supervision, information,
instruction and training
31 32

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