IOSH Understanding Responsibilities 1 — Questions and Answers
Question 1: What is the full title of the main UK health and safety legislation?
- The Health and Safety at Work Act 1974
- The Health and Safety at Work etc. Act 1974 (Correct answer)
- The Workplace Health and Safety Act 1974
- The Employment Safety Act 1974
Correct answer: The Health and Safety at Work etc. Act 1974
The full title is 'The Health and Safety at Work etc. Act 1974'. The 'etc.' is part of the official title and refers to the fact that it covers related matters beyond just health and safety, including welfare and the control of dangerous substances.
Question 2: Under Section 2 of the HSWA 1974, what is the employer's general duty?
- To provide free meals to all employees
- To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees (Correct answer)
- To guarantee that no accidents will ever occur
- To provide all employees with health insurance
Correct answer: To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Section 2(1) states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This is qualified by 'reasonably practicable', not absolute.
Question 3: What duties do employees have under Section 7 of the HSWA 1974?
- No duties — all responsibility lies with the employer
- To take reasonable care of themselves and others, and to cooperate with their employer on safety matters (Correct answer)
- To carry out risk assessments for their own work area
- To report directly to the HSE about safety concerns
Correct answer: To take reasonable care of themselves and others, and to cooperate with their employer on safety matters
Section 7 requires employees to take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions, and to cooperate with their employer so far as is necessary to enable the employer to comply with legal duties.
Question 4: What does Section 3 of the HSWA 1974 require?
- Employers to provide free PPE to visitors
- Employers to conduct their undertaking so as to ensure, so far as reasonably practicable, the safety of non-employees (Correct answer)
- Employees to report all accidents within 24 hours
- Self-employed workers to register with the HSE
Correct answer: Employers to conduct their undertaking so as to ensure, so far as reasonably practicable, the safety of non-employees
Section 3 extends the employer's duty beyond employees to include other people who may be affected by the employer's undertaking — such as contractors, visitors, customers, and members of the public.
Question 5: What is the purpose of Section 8 of the HSWA 1974?
- It sets out the employer's duty to provide training
- It makes it an offence to intentionally or recklessly interfere with or misuse anything provided for safety (Correct answer)
- It requires safety committees in all workplaces
- It establishes the Health and Safety Executive
Correct answer: It makes it an offence to intentionally or recklessly interfere with or misuse anything provided for safety
Section 8 states that no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare. This applies to everyone, not just employees, and covers things like fire extinguishers, guards, and PPE.
Question 6: What are the key regulations made under the HSWA 1974 that managers should know?
- Only the Manual Handling Regulations
- Management of Health and Safety at Work Regulations 1999, Workplace Regulations 1992, PUWER 1998, and others (Correct answer)
- Only RIDDOR
- Only COSHH Regulations
Correct answer: Management of Health and Safety at Work Regulations 1999, Workplace Regulations 1992, PUWER 1998, and others
Key regulations include: Management of Health and Safety at Work Regulations 1999 (risk assessment), Workplace Regulations 1992 (welfare), PUWER 1998 (equipment), Manual Handling 1992, DSE 1992, COSHH 2002, PPE Regulations, and RIDDOR 2013.
IOSH Understanding Responsibilities 1
What is the full title of the main UK health and safety legislation?