NEBOSH Diploma Unit A PART 1
ACTUAL QUESTIONS AND CORRECT
ANSWERS
- What are the 5 conditions to allow a TBSD? - CORRECT
ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS '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 - CORRECT ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS Green, white,
1/2/C/R/3 repeat, Amendments/Q/act!
Public interest disclosure act - CORRECT ANSWERS " 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 - CORRECT ANSWERS
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) - CORRECT ANSWERS
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 - CORRECT ANSWERS 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.
ACTUAL QUESTIONS AND CORRECT
ANSWERS
- What are the 5 conditions to allow a TBSD? - CORRECT
ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS '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 - CORRECT ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS 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 - CORRECT ANSWERS Green, white,
1/2/C/R/3 repeat, Amendments/Q/act!
Public interest disclosure act - CORRECT ANSWERS " 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 - CORRECT ANSWERS
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) - CORRECT ANSWERS
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 - CORRECT ANSWERS 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.
