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April 26, 2012

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Civil action in health and safety – CPD quiz

Continuing professional development is the process by which OSH practitioners maintain, develop and improve their skills and knowledge. IOSH CPD is very flexible in its approach to the ways in which CPD can be accrued, and one way is by reflecting on what you have learnt from the information you receive in your professional magazine. By answering the questions below, practitioners can award themselves credits. One, two or three credits can be awarded, depending on what has been learnt – exactly how many you award yourself is up to you, once you have reflected and taken part in the quiz.



1    Civil law uses the concept of:
a.    Reasonably practicable
b.    Reasonably useful
c.    Reasonably foreseeable
d.    Reasonably easily

2    The main civil action in respect of an injury at work is taken by:
a.    Tort of negligence
b.    Tort of trespass
c.    Tort of nuisance
d.    Tort of defamation

3    Which concept is central to the HSWA:
a.    Reasonably easily
b.    Reasonably practicable
c.    Reasonably foreseeable
d.    Reasonably useful

4    Criminal liability is about protecting the public and, in its deterrent processes, can impose penalties such as:
a.    Fines
b.    Disqualification
c.    Imprisonment
d.    Payment of compensation

5    Reasonably foreseeable consists of several factors, which include:
a.    Likelihood of an injury occurring
b.    The severity of an outcome of an occurrence
c.    The size of compensation that may be payable
d.    The proportionality of taking action to deal with a problem

6    Liability for psychiatric illness caused by poor management was highlighted in the case of:
a.    Walker v Newcastle United
b.    Walker v Northumberland County Council
c.    Hopper v Leicester City Council
d.    Stroller v Coventry City Council

7    Courts generally accept that a risk must be of a material nature.  This is recognised in the following cases:
a.     Armstrong v British Coal Corporation (1998)
b.    R v Porter (2007)
c.    Hadlow v Peterborough Borough Council (2011)
d.    R v Chargot (2008)

8    In 2009/10 there were approximately 1000 HSE prosecutions, but liability claims amounted to:
a.    5600
b.    24,000
c.    78,000
d.    1,621,000

9    The Löfstedt Report recommends:
a.    Result-based liability
b.    Fault-based liability
c.    Remedies for claimants are priority
d.    Stricter liability

10    ‘Reasonably foreseeable’ is integral to the definition of ‘reasonably practicable’. This was explained by Lord Dyson in:
a.    Baker v Quantum (2011)
b.    Wilsons & Clyde Coal Co Ltd v English (1937)
c.    R v HTM Ltd (2006)
d.    Margereson v J W Roberts (1996)

1.    c
2.    a
3.    b
4.    a, b, c
5.    a, b, d
6.    b
7.    b, d
8.    c
9.    b
10.    a

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12 years ago

An extremely well thought out article, quite thought provoking

12 years ago

Very well written article which clarifies the interpretation of health and safety by the courts and links this to the changes recommended by Lofstedt.

12 years ago

Ah! Health and safety law and case law. Takes me back to the “struggle” to get my head round whilst undertaking the Diploma at Caledonian University Glasgow in 1997.

12 years ago

At first I thought this article was hard going – especially after lunch. However when I started to research the past cases on the web and read about them it made the article even more interesting. Very good CPD event

12 years ago

I find these articles with tteir interpretation particularly interesting and helpful. I congratulate the author for going the extra mile and compiling the questions in order that members cam turn their understanding of the article into a CPD opportunity

12 years ago

Interesting read with some useful thought…

12 years ago

Enjoyed the article which was both a refreshing reminder and provided insight into how courts were developing these concepts to meet a changing society

12 years ago

A very well written article, which I will use when I am training.

12 years ago

Another interesting point about the article was the ratio of criminal to civil cases. The figures quoted related to 2009/10; it would be very interesting to see the ratio again in a couple of years time, to see if Loftsed and David Cameron’s campaign against the health and safety monster has had any effect on the numbers.

12 years ago

very good article

12 years ago

Excellent article, thought provoking and well worth inclusion into the management training.