NEBOSH National Diploma Unit A Revision Webinar 2 · PDF fileNEBOSH National Diploma Unit A...

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NEBOSH National Diploma

Unit A

Revision Webinar 2


Agenda

• Past Questions – A1 to A5

• Interpreting questions, answer planning, writing a good answer


Past Questions

• Reference to elements as per 2015 syllabus specification


Caveats

• Questions selected to stimulate understanding and practice technique

• No idea what is on the exam

• 10 elements / 48 learning outcomes / 11 questions

• Prepare for ALL learning outcomes


Bren’s 10 Commandments

i. Read the question carefully

ii. Read the entire question

iii. Read the question again!

iv. Heed command words – bold, italics, CAPITALS

v. Plan your answer

vi. 1.5 minutes per point

vii.Make a point to earn a point

viii.Start a new line for each new point

ix. Relate answer to context / scenario

x. Read your answer –check for logic, flow, number of points etc


Element A1:

Principles of health and safety management

Learning outcomes• A1.1 Explain the moral, legal and economic reasons for

the effective management of health and safety• A1.2 Outline the societal factors which influence an

organisation’s health and safety standards and priorities

• A1.3 Outline the uses of, and the reasons, for introducing a health and safety management system

• A1.4 Explain the principles and content of an effective health and safety management system including the reasons for integration with other management systems.


Element A1:

Principles of health and safety management

Learning outcomes• A1.1 Explain the moral, legal and economic reasons for

the effective management of health and safety• A1.2 Outline the societal factors which influence an

organisation’s health and safety standards and priorities

• A1.3 Outline the uses of, and the reasons, for introducing a health and safety management system

• A1.4 Explain the principles and content of an effective health and safety management system including the reasons for integration with other management systems


Management Systems Mind-map


A1 Past Question January 2012

• An organisation is proposing to move from a health and safety management system based on the Health and Safety Executive’s HSG65 model to one that aligns itself with BS OHSAS 18001

• Outline the possible advantages AND disadvantages of such a change. (10)


Answer Plan – Two Minutes


Get ready to write your answer

• 13 minutes to write your answer


Question and Answer Plan

• An organisation is proposing to move from a health and safety management system based on the Health and Safety Executive’s HSG65 model to one that aligns itself with BS OHSAS 18001

• Outline the possible advantages AND disadvantages of such a change. (10)


Self Mark Your AnswerAdvantages

• Easier integration with BS EN ISO 14001 and ISO 9001:2008

• Publicity value• Improved employee and customer

perception• Improved international recognition• A clearer standard for

benchmarking• Commitment to continual

improvement• External registration and

independent external assessment • A more prescriptive system might

be easier to assess

Disadvantages

• HSG65 is recognised and used by the enforcement authorities in the UK

• Much published guidance in the UK refers directly to HSG65

• On-costs of changing the system

• Time

• Cost of external registration

• Increased bureaucracy

• Change may be perceived as unnecessary

• Model may be too sophisticated for SME’s

Outline: Indicate the principle features or parts of


Element A2: Principles of health and safety law

Learning outcomes• A2.1 Explain the sources and types of law in force in the UK

relevant to health and safety• A2.2 Explain the concept of absolute and qualified duties in relation

to health and safety legislation• A2.3 Outline the influence and role of the European Union on UK

health and safety legislation• A2.4 Outline the status and procedure for the creation of UK Acts,

Regulations and Orders• A2.5 Outline the structure and functions of courts and related

institutions in the UK• A2.6 Outline the principles of the law of contract and its application

to health and safety issues• A2.7 Explain the principles of employment and discrimination law

as it affects health and safety issues.



In relation to European Union law:

• Outline the implications of a European Directive as it applies to member states (2)

• Identify key functions of the European Commission (3)

• Outline reasons why the Government cannot easily revoke health and safety regulations based on European Directives (5)


Answer Points



Answer Points


• Part (a) (outline)

– Binding on member states

– Objective to be achieved through local legislation

– Transposition deadline


Answer Points



Answer Points


• Part (b) (identify)– Propose legislation to

Parliament and the Council

– Enforce European law (jointly with the court of justice)

– To manage and implement EU policies and the budget

– To represent the EU on the international stage, e.g. by negotiating agreements between the EU and other countries


Answer Points

• Outline reasons why the Government cannot easily revoke health and safety regulations based on European Directives (5)

• Part (c) (outline)

– Members must comply with the Treaties

– Treaty of Lisbon articles 114 and 153

– Directives bind member states

– Legal action to address infractions can be taken through ECJ


A2 Past Question July 2012

a) European Union Directives affecting health and safety are made using a specific legislative procedure.

i. Identify this procedure (1)ii. Identify the European Union bodies that are involved in

the procedure (3)iii. Outline the principles of “qualified majority voting‟

which is used at one point in the procedure (2)

b) The Treaty of Rome contains two different Articles under which Directives affecting health and safety may be madeOutline the purpose of EACH of these two different Articles (4)


Answer Points

Part (a)i. Ordinary Legislative Procedure /

Co-decision Procedure ii. European Commission

European ParliamentEuropean Council

iii. QMV – double majority rule– QMV is reached if the following

two conditions are met:• 55% of member states vote in

favour • the proposal is supported by

member states representing at least 65% of the total EU population

Part (b)• Article 114 is concerned with the

harmonisation of product standards • Ensures free movement of goods of a

common standard within the European Union (EU)

• Ensures the placing on the market of safe products, including machinery and personal protective equipment

• Article 153 is specifically concerned with the improvement of working conditions to a common standard to aid movement of workers within the EU– working environment standards to protect

workers’ health and safety– working conditions– information for and consultation with

workers– reintegration of persons excluded from the

labour market– equality between men and women at work



• Give the meaning of the term 'contract‘ (1)

• Outline elements required for a contract to be legally enforceable (4)

• Outline factors that make a contract potentially unenforceable (3)

• Outline actions taken by the contracted parties that make a contract completed (2)


Part (a) What is a Contract?

• A contract requires two or more parties to reach an agreement, enforceable in law, with the intention of creating legal relations, with an exchange of something of value in consideration for any benefit derived from the agreement

• For one mark – legally recognised agreement between two or more parties


Parts (b) and (c)

• Basic elements of a contract – An agreement

– An intention to create legal relations

– Valuable consideration

• Essential elements of a legally enforceable contract – Offer and acceptance (the

agreement)

– An intention to create legal relations

– Written formalities (maybe)

– Consideration

– All parties must have the capacity to contract

– Genuineness of consent

– Not contrary to public policy

So what makes a contract potentially unenforceable?


Part (d)

• When is a contract complete?

– Both parties have fulfilled their obligations and agree the contract is complete

– The contract is breached – the innocent party may consider his obligations discharged


Element A3: Criminal law

Learning outcomes

• A3.1 Explain the key requirements of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999

• A3.2 Explain the status of Approved Codes of Practice and guidance and the statutory procedures for making Approved Codes of Practice

• A3.3 Explain the responsibilities and powers of enforcing agencies and officers and the range of options related to enforcement action, their implications and appeal procedures.


Element A4: Civil law

Learning outcomes

• A4.1 Explain the principles of common law

• A4.2 Explain the criteria required to establish a successful civil action for breach of statutory duty and negligence, the main defences available and the procedure for assessment of damages under civil law

• A4.3 Outline the main civil law statutory duties owed by the occupiers of premises to lawful and unlawful visitors.


A3 / A4 Past Question July 2015

A factory site includes a two-storey warehouse used for storing packaging materials and redundant equipment. The building has fallen into a state of disrepair and there is a large hole in the upper floor, through which it is possible to fall down to ground level. Signs with "Danger - no entry" have been placed on the ground floor by each of the two staircases and the electricity supply to the building has been disconnected. Despite this, factory employees still have access. The security organisation, whose employees also regularly enter the warehouse, has reported signs of unlawful entry.

Outline the relevant duties under occupiers liability legislation that may apply to this scenario. (8)

Explain which sections of the Health and Safety at Work etc Act 1974 may have been breached. (6)

Explain which of the Management of Health and Safety at Work Regulations 1999 may have been contravened. (6)


Part (a)

• Outline the relevant duties under occupiers liability legislation that may apply to this scenario. (8)


Part (a)


• OLA 57

• OLA 84


Part (a)


• OLA 57?


Part (a)


• OLA 57?– Duty to lawful visitors– Dangers due to state of

premises or to things done (or not done) to them

– “common duty of care” to keep visitors reasonably safe

– Warning sign does not absolve the occupier of liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe


Part (a)


• OLA 84?


Part (a)


• OLA 84?– Duty to persons other than

lawful visitors (trespassers)– Duty owed if occupier

• Is aware of the danger or has reasonable grounds to believe that it exists

• knows or has reasonable grounds to believe that the person is in the vicinity of the danger, or may come into the vicinity of the danger

– and the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer some protection


Parts (b) and (c)

• HASAWA • MHSWR


Parts (b) and (c)

• HASAWA– Sections 2(1) / 2 (2)(d)

– Section 3

– Section 4

– Section 36

– Section 37

– NB Explain – requires correct section number for one mark and explanation of relevance for an additional mark

• MHSWR


Parts (b) and (c)

• HASAWA– Sections 2(1) / 2 (2)(d)

– Section 3

– Section 4

– Section 36

– Section 37

– NB Explain – requires correct section number for one mark and explanation of relevance for an additional mark

• MHSWR– Regulations 3,4 , 5 – Risk

assessment, principles of prevention and POCMR of preventive / protective measures

– Regulation 10 - Cooperation and coordination

– Regulation 11 – Working in host employers undertaking

– NB Explain – Regulation number not required. Duty for one mark -explanation of relevance for additional mark


Q2 A4 July 2015

• Outline the legal criteria that must be satisfied to obtain a conviction under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) (6)

• Identify the bodies responsible for investigating and prosecuting offences under the CMCHA (2)

• Outline the penalties that may be imposed following conviction under the CMCHA (2)


Answer Plan – Two minutes


Get ready to write your answer

• 13 minutes to write your answer


Question and Answer Plan

• Outline the legal criteria that must be satisfied to obtain a conviction under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) (6)

• Identify the bodies responsible for investigating and prosecuting offences under the CMCHA (2)

• Outline the penalties that may be imposed following conviction under the CMCHA (2)


Answer Points

Part (a) (Outline)

• Qualifying organisation – Corporation, government body, police forces, partnerships etc

• Causes a person's death

• Relevant duty of care owed to the deceased

– Employer to employees

– Occupier to visitors

– Supplier of goods or services etc

• A gross breach of that duty (conduct of the organisation falls far below what should reasonably be expected)

• A substantial element of that breach was in the way those activities were managed or organised by senior management



Answer Points

Part (b) (E&W only) (Identify)

• Investigated by Police

• Prosecuted by CPS

Part (c) (Outline)

• Fine – unlimited

• Remedial order – Remedy matters in respect of the offence

• Publicity order - Publicise in a specified manner: the fact that it has been convicted of the offence, specified particulars of the offence, the amount of any fine imposed, and the terms of any remedial order made

Identify: Give reference to an iteme.g. its name or title

Maybe a single word



Element A5: Loss causation and incident investigation

Learning outcomes

• A5.1 Outline theories/models and use of loss causation techniques

• A5.2 Explain the use of quantitative methods in analysing loss data

• A5.3 Explain the significance and use of statutory and internal reporting of loss events

• A5.4 Explain the reasons for loss and near miss investigations and the procedures to be followed.



• An employee has fallen down a flight of stairs while carrying a box of chemicals between two laboratories. As a consequence they have suffered life-changing injuries. The accident has been reported and the scene of the accident has been secured

• Explain the key steps in the accident investigation process within:

(a) setting up the investigation team (2)

(b) gathering information (4)

(c) analysing information (2)

(d) reviewing risk control measures (2)


Answer Points

a) Explain the key steps in the accident investigation process within setting up the investigation team (2)


Answer Points

a) Explain the key steps in the accident investigation process within setting up the investigation team (2)

• Level of investigation• Consequences/

likelihood of recurrence• Leader• Others to be involved


Answer Points

b) Explain the key steps in the accident investigation process within gathering information (4)


Answer Points

b) Explain the key steps in the accident investigation process within gathering information (4)

• MEEP – Materials, Equipment, Environment, People (Unsafe acts / conditions)

• Timely response

• Preserve scene

• Information from

• Scene

• Documents

• People


Answer Points

c) Explain the key steps in the accident investigation process within analysing information (2)


Answer Points

c) Explain the key steps in the accident investigation process within analysing information (2)

• Use of systematic analytical techniques – examples?

• Identification of underlying and root causes


Answer Points

d) Explain the key steps in the accident investigation process within reviewing risk control measures (2)


Answer Points

d) Explain the key steps in the accident investigation process within reviewing risk control measures (2)

• Preventing recurrence

• Addressing weaknesses in controls

• Ensuring legal compliance

• Sharing information elsewhere within the organisation


Homework A4 Past Question July 2016

A vehicle driven by an employee of a delivery company was in a collision with another vehicle driven by a member of the public. The member of the public was injured but the driver of the delivery vehicle was unharmed• Explain why the delivery company may have civil

liability at common law for the injury (2)• Outline the legal action available to the injured

party in a claim for compensation and the tests that would have to be satisfied for the action to succeed. Use case law to support your answer (8)

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