Nebosh

NEBOSH
Element 1
Simon Tate
BA (Hons) Tech-IOSH,
AIFSM, AIFireE.
Learning Outcomes [1]
• Outline the scope & nature of occupational health & safety
• Explain the moral & financial reasons for promoting Health & Safety
• Explain the legal framework for the regulation of health & safety including
sources and types of law
• Explain the scope, duties and offences of employers, managers, employees and
others under the Health and Safety and Work etc Act 1974
• Explain the scope, duties and offences of employers, managers, employees and
others under the Management of Health and Safety at Work Regulations 1999
• Outline the legal and organisational health and safety roles and responsibilities
of clients and their contractors
• Outline the principles of assessing and managing contractors
Common Terms [2]
Health Safety Welfare

• Wellbeing • Absence of • Comfort
danger
Reasons for promoting good H&S [3]
Moral
Good
H&S
Legal Financial
Iceberg [5]
£1 • Direct Costs
– Insurance
– Court
• Indirect Costs
– Loss of production
£11 – Lost time
Employers’ Liability Insurance [5]
• Must be displayed
• Kept for 40 years!
• Ensures there are
sufficient resources
for compensation
• There are a limited
number of exemptions
EU – Harmonising Standards [6]
• Directives
– Interpreted by each
state
• Regulations
– Directly enacted
Criminal Law [6]
Criminal Law Statute Law

• The government identifies • Acts & Regulations
and criminalises • Almost entirely criminal
behaviour which is law – but a few civil
considered wrong exceptions.
• Prove : Beyond
Reasonable Doubt
Acts of Parliament [7]
Health & Safety at Work Act etc 1974 [7]
Regulations [8]
Approved Codes of Practice [7]
Duties [8]
Absolute
Practicable
Reasonably
Practicable
Reasonably Practicable [8]
Structure of Courts [9]
Magistrates Court [9]
• Summary offences
• Either-way offences
• Indictable offences
Crown Court [10]
• Indictable only
• Either-way chosen
• Either-way directed
High Court [10]
• Appeals on point of
law
Court of Appeal [10]
• Appeals from the

Crown Court
• Review of the
evidence
Supreme Court [10]
• Appeals on the
‘greatest public &
constitutional
importance’
Criminal Court Penalties [11]
• Fines
• Imprisonment
• Compensation Orders
• Remedial Action Orders
• Publicity Order*
• Community Orders
• Disqualification Orders
External Agencies [12/13]
• HSE / HSENI
• ORR
• Local Authorities
• Fire & Rescue Services
• Procurator Fiscal (Scotland)
• CPS
• Environment Agency
HSE [14/15]
• Powers
– Improvement Notice
– Prohibition Notice
• Appeals
• FFI
HSE / LA [16]
• Cautions & Warnings

– Cautions not usually used by HSE, but are
used by LA
• Prosecution
– Summary
– Indictable
Corporate Manslaughter & Corporate Homicide Act 2007
[16]
Burden of proof [17]
• Beyond reasonable doubt
• Reverse burden of proof

– Did all that was practicable / reasonably
practicable
Precedents [17]
• Precedents apply to both civil & criminal

proceedings
• Decisions are binding on lower courts
Common Law [17]
• Rather than laid down by

parliament it is based on previous
judgements over centuries
• “Judge made law”
• Take reasonable care of those
that might foreseeably be
affected by it’s acts or omissions
Comparison of sources of law [18]
Common Law Statute Law

• Judge made • Established by Parliament
• Not written • Written down
• Duty of reasonable care • Absolute / Practicable /
Reasonably Practicable
• Basis of civil cases
• Failure to comply – criminal
• Personal manslaughter offence
gross negligence • Some (limited) civil liabilities.
Civil Courts [18]
• Burden of proof
– Balance of probabilities
• Compensation
Small Claims Court [19]
• General damages limit £1000
• Registrar of County Court hears cases

County Court [19]
• Personal Injury upto £50000

• Heard by a Judge (no jury)
• Appeal to Court of Appeal
High Court [19]
• Injury claims over £50000
• No upper limit
• Judge sits alone

Employment Tribunals [19]
• Appeals against
– Improvement notices (notice suspended)
– Prohibition notices (notice not suspended)
Tort of negligence [20]
LOSS resulted
Duty of care Duty of care
from the
OWED BREACHED
BREACH
Defences [20]
Duty of care LOSS DIDN’T

Duty of care
NOT result from
NOT OWED
BREACHED the BREACH
Partial defences [21]
Volenti non fit injuria Act of God
Time
SARHA Contributory
Vicarious Liability [21]
Common Law duties [21]
Safe Safe
Plant
place
Duty Safe
of Care Systems
Safe
Supervision
employees
HASAWA 1974 [22-25]
2
• Employers to Employees
• Employers to Non-Employees
• Duties as the controller of a premises

HASAWA 1974 [22-25]
6
• Duties to those who manufacture
• Employees duties
• Duties not to interfere with safety equipment

HASAWA 1974 [22-25]
9
• Duty not to charge for PPE
36
• Offences – fault of another person
37
• Offences – the body corporate

Regulation 3 MHSWR
Regulation 4 MHSWR
Regulation 5 MHSWR
Regulation 6 MHSWR
Regulation 7 MHSWR
Regulation 8 MHSWR
Regulation 9 MHSWR
Regulation 10 & 13 MHSWR
• Information
• Capability & Training

Regulation 11 MHSWR
Regulation 14 MHSWR
Regulations 15 – 19 MHSWR
• Vulnerable Groups
– Temporary workers
– Pregnant Workers
– Young Workers
CDM Appointments [30-31]
Principle
• Inform HSE Designer • H&S Con phase
• Appoint PD • Site control
• Provide info to Ds &
• Appoint PC • H&S file updated
Cs
• Pre-Con info passed • Assist Client • Contractor
to Ds & Cs competence
• Risk Assessment
Principle
Client
Contractor
Principal Contractor Duties [32]
Health &
Safety Supervision
Sub- Authorisatio
Contractors n
Documentation [33-37]
Pre-Construction Health & Safety

information file
`
Construction Notifiable work
H&S plan notice

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What are the main reasons for promoting good health and safety?

What are the main reasons for promoting good health and safety?

What are employers' main duties under HASAWA 1974?

What are employers' main duties under HASAWA 1974?

Health Safety Welfare

Criminal Law Statute Law

• Appeals from the

• Cautions & Warnings

• Beyond reasonable doubt

• Reverse burden of proof

• Precedents apply to both civil & criminal

• Rather than laid down by

Common Law Statute Law

• General damages limit £1000

• Registrar of County Court hears cases

• Personal Injury upto £50000

• Injury claims over £50000

• Judge sits alone

Duty of care LOSS DIDN’T

Volenti non fit injuria Act of God

• Duties as the controller of a premises

• Duties not to interfere with safety equipment

• Offences – fault of another person

• Offences – the body corporate

• Capability & Training

Pre-Construction Health & Safety

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