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Grumpy old judge

This presentation highlights the case law NEBOSH Certificate students should be aware of and gives a general understanding of the core principles of health and safety legislation within the UK.

The cases are central to understanding certain legal principles and by being aware of the facts of these cases, you will be able to apply them in your examinations to give full and informed answers. 

This presentation, and many more regarding health and safety law, can be downloaded here - Health and Safety Law Downloads  

 

 

 

Transcript - NEBOSH Certificate Case Law by John Johnston www.healthandsafetytips.co.uk

There is no such thing as a 'stupid' or 'daft' health and safety question!

2. Introduction • This presentation highlights the case law that NEBOSH Certificate students should be aware of • It gives a general understanding of the core principles of health and safety legislation within the UK • The slides also have notes added with further information on the cases • Additional information is provided by SafetyPhoto.co.uk

3. Donoghue v. Stevenson (1932) Duty of Care – Neighbour Principle • Negligence • Whether duty owed to person injured • Duty of manufacturer of article to ultimate consumer • Bottle of ginger beer bought from retailer • Bottle containing dead snail • Purchaser poisoned by drinking contents • Liability of manufacturer to consumer

One of the most important tips that we could recommend for the NEBOSH Certificate is to learn the typical examination 'Action Verbs' which are as follows:

Define - provide a generally recognised or accepted definition

Describe - give a word picture

Explain - give a clear account of, or reasons for

Give - provide without explanation (used normally with the instruction to 'give an example [or examples] of ...')

Identify - select and name

List - provide a list without explanation

Outline - give the most important features of (less depth than either 'explain' or 'describe', but more depth than 'list')

Sketch - provide a simple line drawing using labels to identify specific features

State - a less demanding form of 'define', or where there is no generally recognised definition

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HEALTH AND SAFETY AT WORK ETC ACT 1974

Part 1 relates to HW&W at the workplace
Part 2 relates to EMAS
Part 3 relates to Building Regs
Part 4 contains misc. & general provisions

PRACTICABLE – capable of being carried out or feasible (given current knowledge, finance, information etc.)

REASONABLY PRACTICABLE – must be technically possible, and the risk assessed against the cost. Where cost is disproportionately high, can be deemed not to be reasonably practical.

H&S Inspectorate powers include: Investigation, Advisory, Enforcement (Imp. Not, Pro. Not, Seize/destroy substances/articles, Prosecute)

Introduction

There is a certain degree of stigma attached to NEBOSH exams, which is certainly not helped by the notoriously low pass rates. It cannot be denied that they are very demanding, but would the qualifications be worth obtaining if assessment were via a simple multiple-choice exam? Whatever the merits of other health & safety qualifications, it cannot be argued that NEBOSH awards are still the number one choice of most prospective employers.

Despite what some say, it is not possible to learn the course material parrot fashion for the final exam. However, with hard work and an understanding of key concepts and basic principles, there is no need for any exam paper to be the cause of nightmares. Everyone studies in their own way, but the following are some general guidelines that just may make the difference between a referral and a pass with flying colours.

ARRIVE ON TIME AND RELAXED

Don't rush into the exam room with minutes to spare. Make sure you have had a good nights rest, eaten well and don't have a hangover.

 

BE PREPARED

The old scouts motto. Don't turn up with one dodgy biro. It WILL run out before you get your name on the paper.

 

GET A GOOD POSITION IN THE EXAM ROOM

Don't grab a seat too close to the heaters, halfway through the exam you will wish you had picked somewhere cooler. Similarly seats by the window can be too hot or cause glare in the summer, too cold in the winter and cause distractions. Get a comfortable table with good lighting.

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