Professional Documents
Culture Documents
ELEMENT 03
ORGANISING
ELEMENT 3
Setting Policy for H&S
1. Past Exam Question
Outline the THREE standard conditions
that must be met for an employee to
prove a case of alleged negligence
against an employer
(6)
1. Past Exam Answer
Duty of care owed
Breach of duty of care
Breach caused the loss
2. Past Exam Question
Explain THREE possible defences to a
civil law claim of negligence (6)
2. Past Exam Answer
Denial of liability,
Contributory negligence,
Third party liability,
3. Past Exam Question
Explain, using examples, the differences
between civil law & criminal law
(8)
3. Past Exam Answer
Criminal
Statute, no loss, punishment, cannot
insure against, action brought by the state,
burden of proof beyond all reasonable
doubt
Civil
Case law, judge made law, judicial
precedence, common law, has to be a loss,
compensation, can insure against, action
brought by an individual, burden of proof
on the balance of probabilities
4. Past Exam Question
Define the term negligence (2)
4. Past Exam Answer
Tort of negligence a common law
duty to look after our neighbour
5. Past Exam Question
Outline the powers normally given to
health & safety inspectors under safety
legislation (8)
5. Past Exam Answer
Entry
Confiscate, seize & destroy
Photographs
Take witness statements
Issue notices to insist on improvement, the
prohibition of certain work activities
Bring a policeman
Take samples
Cordon off area
Investigate accidents
Etc, etc
6. Past Exam Question
Explain, using an example in EACH case, the
circumstances under which a health & safety
inspector may serve