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QURSTIONS WITH ANSWERS

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

(i) An improvement notice


(2)
(ii) A prohibition notice
(2)
6. Past Exam Answer

(i) Where a H&S regulation is


being broken
(ii) Where there is a risk of
imminent serious injury
7. Past Exam Question
List the factors that could be considered
when assessing the health & safety
competence of a contractor
(8)
7. Past Exam Answer
Employers/public liability insurance details
Past enforcement notices
Training records
Relevant experience in the type of work required
Policy statement, etc
References (verbal, written etc)
Risk assessment procedures, method statements,
safe system of work including PTWs
Type of contract (labour only, fixed price, totally
separated sites
etc
8. Past Exam Question

Identify the actions that the company should


take to help ensure that the health & safety of
their own & the contractors employees are
not put at risk
(10)
8. Past Exam Answer
Full exchange of information including
policy, safe systems of work, risk
assessments, coordination, cooperation,
training, monitoring, induction training for
contractors including site layout, etc,
meetings, etc

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