QUESTIONS WITH ANSWERS

ELEMENT 03
ORGANISING
 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, co-ordination, cooperation,
training, monitoring, induction training for
contractors including site layout, etc,
meetings, etc