NEBOSH Diploma AstutisSAMPLECourseMaterials (Distance)
NEBOSH Diploma AstutisSAMPLECourseMaterials (Distance)
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A1 1.1 Contents
1.1 Moral, legal and economic reasons for the effective management of health and safety 4
Moral 4
Legal 7
Principle of self-regulation 7
Financial 13
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Insured and uninsured costs 20
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XX Explain the moral, legal and economic reasons for the effective management of health
and safety.
XX Outline the societal factors which influence an organisation’s health and safety standards
and priorities.
XX Outline the uses of, and reasons for introducing a health and safety management system.
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XX Explain the principles and content of an effective health and safety management system
including the reasons for integration with other management systems.
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Society exerts pressure through three overlapping and interacting spheres of influence, as
shown in Figure 1.1.
Moral Legal
Prevention
What is
Punishment
right or wrong?
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Compensation
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Insured and
uninsured costs
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Figure 1.1: Moral, legal and financial drivers
Moral
Morals are the codes of conduct, or rules of behaviour imposed by a society regarding what is
right and wrong.
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Although, in the UK there are generally good standards of workplace health and safety, a lot of
harm is still caused each year.
The Health and Safety Executive (HSE) publishes annual statistics of reported cases of workplace
injury and illness. As can be seen the numbers of cases of occupational illness is significantly
higher than the numbers of injuries. Numbers of reported accidents for 2014 / 15 are shown in
Table 1.1.
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than 7 days)
* Rate of non-fatal injury per 100 000 workers (recent HSE figures do not provide split of
non-fatal injury rates)
PL Table 1.1: Numbers of injuries reported 2014 / 15
The trend for workplace injuries has been generally downwards over the last twenty years but
is less clear since about 2008 / 09. Allowing for changes to the RIDDOR Regulations it seems as
if the downward trend is slowing if not plateauing off.
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The two major causes of reported non-fatal injuries are:
It should also be noted that there is substantial under-reporting of non-fatal injuries. Current
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Estimated numbers of cases of work-related ill health self-reported in 2014 / 15 are shown in
Table 1.2.
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Table 1.3 shows numbers of workplace deaths attributable to occupational cancers. The total is
more than 30 times that for fatal injuries.
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8 000
4 000
An explanation for this might be that larger organisations are: better organised, have a greater
awareness of health and safety, have higher rates of unionisation and worker engagement, better
training, and more resources to implement comprehensive health and safety arrangements.
WEB LINKS
HSE statistics:
www.hse.gov.uk/statistics
There are two systems of law that influence the management of health and safety. These are
introduced in Element A2 and explored more fully in Elements A3 and A4.
The criminal law establishes a set of rules for acceptable behaviour. In the workplace the main
duties are covered by the Health and Safety at Work Act 1974 and the Management of Health
and Safety at Work Regulations 1999.
If the necessary standards are not met the enforcement agencies (either the Health and
Safety Executive (HSE), the Office of Road and Rail (ORR), or the local authority environmental
health department, depending on the nature of the work) may take preventive action through
prohibition notices (stopping activities posing a risk of serious injury) and improvement notices
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(requiring improvements to achieve legal compliance), and / or punitive action to prosecute
offenders for breaking the rules.
PL The civil law allows an injured person to sue a third party for compensation for their injury or
loss if the injury was caused through the third party’s negligence. Civil action may also obtain
an injunction to stop a continuation or recurrence of harmful behaviour.
Principle of self-regulation
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The Robens Report (which led to the creation of the Health and Safety at Work etc. Act 1974)
advocated a goal-based approach to health and safety regulation and also expressed the need
for a ‘more effectively self-regulating system’.
It was hoped at the time that this would grow out of an increased atmosphere of communication
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and co-operation between employer and employees, capitalising on the role of the Trade
Unions.
In reality a hybrid approach developed in the UK, with the HSE taking the lead in the publication
of guidance and advice leaving much of industry in a position of following their lead rather than
taking the initiative.
The approach has generally been successful with rates of workplace fatalities, injuries and
illnesses decreasing.
The debate over the merits of self-regulation (and the broader issue of deregulation) over state
regulation is part of a broader political and philosophical argument about the required levels
of state involvement in and regulation of business activities.
In 1992 John Major’s government responded to on-going calls from business and the
Conservative Party to lift the burden on business by launching a deregulation initiative aimed
at removing unnecessary red tape from business.
Lord Sainsbury was appointed to head up a central Deregulation Task Force overseeing eight
Business Task Forces as part of the Cabinet Office. The Government position at the time was
that:
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A certain amount of regulation is essential, not least to ensure public safety and
promote quality standards, but these benefits have to be weighed against the cost of
enforcing regulation and complying with it.
PL The Task Forces were expected to examine the jungle of regulation embarking on a new
blitz on regulation leading to a bonfire of unnecessary controls moving from regulation for
regulation’s sake to reduce the burdens on business. Alternatives to State regulation, such as
public education programs, codes of practice, economic incentives for business to improve and
in particular, self-regulation by industry were also considered.
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Prior to the final report of the Deregulation Task Force, the Deregulation and Contracting Out
Bill 1994 was laid before Parliament. It proposed wide-ranging powers for the Secretary of State
for Employment to remove existing health and safety legislation, among others, effectively
enabling ‘fast track’ deregulation.
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The Final Report of the DTI’s Deregulation Task Force was unveiled in 1995. It was criticised by
the Trades Unions over its big industry bias and clear agenda of reducing financial burdens on
business, alleging a hidden agenda of lessening the protection of employees in the workplace.
The Trades Unions also challenged the Government regarding what it considered to be a
‘burden’ and whether those burdens were ‘perceived’ or real. The Trades Union position was
that many of the:
…burdens are perceived rather than real and that in practice they are far outweighed
by burdens imposed on such businesses as a result of failure to manage health and
safety effectively.
The report was presented to the DTI’s Deregulation Task Force, and recommended the repeal
of seven pieces of primary legislation and ninety four sets of regulations, together with a
greater shift from detailed prescriptive requirements towards general and simple goal-based
requirements.
It further recommended that the self-employed and small businesses remain covered by
legislation but were better supported with additional advice and assistance.
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The New Labour administration set up the Better Regulation Task Force in 1997:
To advise the Government on action to ensure that regulation and its enforcement are
The Task Force became the Better Regulation Commission on 1 January 2006. In October 1999,
the task force published its interim report defining self-regulation as:
…the means by which members of a profession, trade or commercial activity are bound
by a mutually agreed set of rules which govern their relationship with the citizen, client
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or customer.
Self-regulation carries, it was argued, numerous advantages being: more flexible, more readily
complied with, more relevant to the needs of a particular industry, able to ensure confidence
in an entire industry, more cost-effective and able to lead to a better relationship between
industry and clients.
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The Lofstedt Review (2011) is the latest UK Government commissioned review of health and
safety regulation. Its purpose is to:
Consider the opportunities for reducing the burden of health and safety legislation on
UK businesses whilst maintaining the progress made in improving health and safety
outcomes.
Opponents of the review have criticise the appointment of Professor Ragnar Lofstedt as chair
of the review, alleging his track record in the USA as an advocate of deregulation in the areas of
environmental protection and food safety introduces a bias towards this end.
Hazards magazine has criticised the UK Government, alleging that its agenda is driven by risk
envy of global competitors that do not abide by strict rules governing safety and decency at
work. Lofstedt’s view that tighter regulatory controls on industry leads to an unjustified bill for
firms and a disadvantage in global markets has also been challenged. The counter view is that
reacting to global competition in this way leaves the world’s dirtiest players to set the standard.
Lofstedt’s final report was published in November 2011. The main recommendations were:
XX Exempting self-employed people whose work activities pose no potential risk of harm to
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others from health and safety law.
XX The HSE should review all its ACoPs with the initial phase of the review completed by
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June 2012.
The HSE is given the legal authority to direct all local authority health and safety inspection
and enforcement activity, in order to ensure that it is consistent and targeted towards
the most risky workplaces.
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XX The original intention of the pre-action protocol standard disclosure list is clarified and
restated and that regulatory provisions that impose strict liability should be reviewed by
June 2013 and either qualified with ‘reasonably practicable’, where strict liability is not
absolutely necessary, or amended to prevent civil liability from attaching to a breach of
those provisions.
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In January 2012, HSE commissioned research to help decide if the core set of health and safety
regulations could be consolidated in any way to provide clarity and savings for businesses.
The research report written by Richard Matthews QC, Consolidation: the practicality and effects
of the options for consolidating health and safety Regulations, was published in December 2012.
In April 2013 The Health and Safety (Miscellaneous Repeals, Revocations and Amendments)
Regulations 2013 came into force.
The Deregulation Act 2015 became law, on 26 March 2015. It provides for the removal or
reduction of burdens on businesses, civil society, individuals, public sector bodies and the
taxpayer. These include measures relating to general and specific areas of business, companies
and insolvency, the use of land, housing, transport, communications, the environment,
education and training, entertainment and alcohol, public authorities and the administration
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of justice. In addition, the Act repeals legislation that is no longer of any practical use.
Part 1 of the Act ‘Measures affecting the workplace: general’ includes a number of modifications
XX Limiting the scope of the general duty on self-employed persons section 3 of the Health
and Safety at Work atc Act 1974, by applying the duty to those self-employed persons
carrying out certain activities on a prescribed list, rather than all those who are self-
employed.
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XX Extending the exemption for turban wearing Sikhs from wearing a safety helmet from
construction sites to all workplaces (except in urgent response to hazardous situations
such as fire or riots, or if a member of HM Forces and taking part in a military operation).
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Lofstedt review: Reclaiming health and safety for all: An independent review of
health and safety legislation, November 2011
www.gov.uk/government/publications/reclaiming-health-and-safety-for-all-lofstedt-
report
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Consolidation: the practicality and effects of the options for consolidating health and
safety regulations report by Richard Matthews QC
www.hse.gov.uk/legislation/assets/docs/consolidation-report-2012.pdf
Accidents clearly cost money as a consequence of injured people, damaged plant and machinery
and wasted product.
The total economic cost of workplace injuries and ill health includes both the financial costs
incurred (e.g. lost production and healthcare costs) and a valuation of the human costs (e.g.
impact on quality of life or consequences of loss of life).
In 2013 / 14 the HSE estimated the total cost to society of workplace injury and illness to be
£14.3 billion with around 2 / 3 of the cost attributable to illness as shown in Figure 1.2
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£4.9 bn Injury
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(equivalent to unit
cost of £18 700
per case)
£14.3 bn
Cost of workplace
injury and illness
2013/2014
(equivalent to
unit cost of
£1.6m per fatal
injury, £7 500 per
non=fatal injury)
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Figure 1.2: Estimated total cost of workplace injuries and illness 2013 / 14
These figures are around 18% lower than the 2004 / 05 figures but broadly consistent with
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2009 / 10 figures. The costs of injuries have decreased by ⅓ over this period whereas the costs
of illness remain broadly the same.
The total cost figure can be apportioned between the costs to individuals, employers and the
government as shown in Figure 1.3. and Table 1.4.
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Cost bearer
Cost category
Government /
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Health and
rehabilitation
costs
Individuals
Employers
taxpayer
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Admin and legal
costs
Employers’
Liability
Compulsory
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Insurance
Non-financial
human costs
Table 1.4: Cost components by bearer
The HSE estimates that occupational injuries and illnesses cost the UK in the region of £20 billion
to £30 billion each year if the total costs to individuals, employers and society are considered.
The costs of highly visible accidents involving large scale loss of life or major property damage
as a result of fire and explosion are often determined by official inquiries.
XX The BP Texas City fire and explosion in 2005 cost over $21 million in fines, $2 billion in civil
claims, and $1 billion in reinstating the site.
XX The Buncefield oil refinery fire in 2005 is believed to be the most expensive accident in
UK history with a total cost of over £1 billion, including £9.5 million in fines.
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Smaller accidents have proved much more difficult to cost as relatively few companies have
systems in place to quantify them.
PL Over thirty years ago the Confederation of British Industry (CBI) gave evidence to the Robens
Committee on Health and Safety at Work, stating:
At the company level, if a readily applied and simple formula could be devised by which
the financial loss caused by accidents and diseases could be measured, it would make a
valuable contribution towards reducing industrial accidents and occupational ill-health.
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In 1989 the HSE began a series of five case studies with organisations from different industrial
sectors with the aim of developing a means accurately identifying the full cost of accidents. The
study findings were published 1993 in a HSE Guidance booklet The Costs of Accidents at Work
(HSG96), which is no longer available from the HSE.
transport company working with the creamery, a North Sea oil platform, and an NHS hospital.
All had a history of average, or better than average health and safety performance.
The study used a definition of ‘accident’ covering a broad range of losses including injury and
ill-health, damage to property, plant, materials and the environment, and the loss of business
opportunity.
All personal injury accidents were included, as were all other losses above a minimum reportable
level which was set at the minimum unit of product or its financial equivalent.
Opportunity costs (or lost opportunity costs) include those incurred through people stood idle
or being unproductive as a result of dealing with the consequences of an accident and energy
costs from plant running idle and buildings being lit and heated.
The key findings of the study are presented in Table 1.5. The following should be considered in
interpreting the findings:
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3 There was probably under reporting as a result of the minimum level of loss criteria for
reporting.
4 The financial values quoted are actual 1990 figures and have not been adjusted for
PL inflation.
Business
Construction
Total loss
£245 075
Annualised loss
£700 000
Representing
8.5% of tender
price
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1.4% of operating
Creamery £243 834 £975 336
costs
1.8% of operating
Transport £48 928 £195 712 costs company
37% of profits
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14.2% of potential
Oil platform £940 921 £3 763 684
output
5% of annual
Hospital £99 285 £397 140
running costs
As every business and every incident are different the only accurate way of
determining costs is to measure them. The HSE has devised an Incident Cost Calculator (see
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Table 1.6) for the purpose.
Other
Investigation
Examples Time Spent Cost (£)
Staff time to investigate and report
Meetings to discuss incident
Time spent with HSE / LA enforcement officer
Consultants fees
Other
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Business Costs
Examples Time Spent Cost (£)
Reassuring customers
Providing alternative sources of supply for
customers
Other
Other
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Examples Time Spent Cost (£)
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Making the costs of accidents explicit and drawing the information to the attention of
management may not be sufficient on its own to motivate managers to consider health and
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safety factors as part of their business decision making processes.
The calculations of health and safety costs are unlikely to help unless the response to the
following variables is positive:
XX the significance of health and safety costs relative to other cost categories or company
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XX the level of direct influence management action has over health and safety costs
XX the lag between management action and the effect on health and safety costs (so that
managers can see the benefits of their actions)
HSE Guidance on the real costs of accidents at work indicates that the uninsured costs of an
accident may be more than 10 times the insurance premiums paid. Figure 1.4 shows examples
of accident costs that would not be covered by employers’ liability insurance.
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■ Sick pay
■ Clearing the site
■ Production delays
■ Investigation time
■ Fines
■ Excess on insurance
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■ Legal costs
claims
■ Loss of business reputation
Insured
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e.g. claims against e.g. production
employer and material disturbances and
damage product liability
Indirect
Direct
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e.g. investigation
e.g. sick-pay, costs, loss of goodwill,
reparations and hiring costs of
product damage replacements
Uninsured
Figure 1.5: Insured / uninsured costs and direct / indirect costs
The number of civil claims for compensation against employers as a result of accidents fell
steadily in the early twenty first century and the total cost of compensation cases in Britain has
remained, in real terms, static since 1989.
More than 850 000 people are injured or made ill as a result of their job each year. The
Association of British Insurers (ABI) put the numbers who gain compensation from their
employer at around 60 000 a year.
Average damages for an Employers’ Liability Insurance (ELI) claim are £7 500. Britain pays out
much less on civil compensation (as a percentage of GDP) than other major European countries
and about a third of the USA figure. The average cost of employers’ liability insurance is 0.25%
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of total payroll costs and is the lowest in Europe.
In 1999 the ABI reported that the cost of claims and costs was 54% higher than the amount
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significantly. The major driver for this has been the global economy, not an increase in the
number of claims or the size of compensation awards.
Other factors include major increases in legal and medical costs (50% more than inflation)
largely because of failure to follow the civil procedure rules resulting in unnecessary costs.
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The costs of control – these are the costs
associated with risk assessment and the development and implementation of a health and
safety management system to manage preventive and protective measures. These costs tend
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Costs of
failure
Costs of
The costs of failure – the consequences of occupational
accidents or work related illnesses can lead to an increase in
existing costs as well as a potential reduction in income. These
costs will vary with the type and number of consequences.
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control
Few, if any, leading companies have reached the point where the investment in their health and
safety management system is not delivering a net benefit.
(a) Explain why organisations often identify the costs of health and safety control
measures much more easily than they identify the costs that can arise from poor
health and safety standards.
(6 marks)
(b) Outline, with examples, the meaning of the terms ‘insured’ and ‘uninsured’ costs
in connection with accidents and incidents at work AND outline the relative
size of these two costs in an organisation as demonstrated by accident costing
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studies.
(4 marks)
Answers from the examiner’s feedback are on page 2 of the Unit A: Exam questions and
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EXAM QUESTIONS
A large public limited company (plc) has recently experienced a fire and explosion
resulting in multiple fatalities and extensive environmental damage. Outline a range
of consequences that may affect the company as a result of this incident.
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(5 marks)
*NEBOSH Diploma Examiners’ reports can be downloaded by NEBOSH students from the NEBOSH website
Unit A: Managing health and safety
Element – Principles of health and safety management
Element A1A1
(b) Outline, with examples, the 4 Costs normally covered by insurance would include those associated with
meaning of the terms ‘insured’ and marks employer’s liability insurance, public liability and fire, for example.
‘uninsured’ costs in connection with Uninsured costs arising from accidents and incidents at work include:
accidents and incidents at work damage to property, repair of plant and the cost of any clean up required.
AND outline the relative size of Uninsured costs are typically between eight and thirty six times greater than
insured costs. (Note: These figures are from the HSE guidance HSG96,
these two costs in an organisation
which has since been replaced with those from more recent HSE guidance
as demonstrated by accident
on the cost of accidents at work. The more recent guidance indicates that
costing studies. the uninsured costs of an accident may be more than 10 times the
insurance premium paid.)
Continual Improvement
Organising Organisational
development
(a) Select ONE of the health and safety 6
OH&S policy
management system models marks Planning and
Management
Auditing review
mentioned above AND draw a implementing Planning
Reviewing
performance Feedback loop to
improve performance
Outline ways in which a health and 10 Health and safety practitioners can evaluate their own practice in a
safety practitioner could evaluate and marks number of ways:
Measuring the effect of changes and developments they have
develop their own competence
implemented in their organisation
Setting personal objectives and targets and assessing their
performance against them
Reviewing failures or unsuccessful attempts to produce change
Benchmarking their practice against that of other practitioners and
against good practice case studies or information
Seeking feedback from others in the organisation and as part of the
annual appraisal of their performance by senior management.
Health and safety practitioners can develop their own practice by:
Obtaining a recognised professional qualification to further improve
their core knowledge and competence
Keeping up to date by undertaking training in relevant areas
Participating in CPD schemes
Ensuring they have access to suitable information sources
Networking with peers at safety groups and conferences
Seeking advice from other competent practitioners and consultants
Initiating and following a personal development plan.
The exam questions have been put together from past NEBOSH
Diploma exam papers by our NEBOSH qualified tutor and marker.
Your answers will be marked by your tutor and your paper, with their
feedback, returned to you within 4 weeks.
Handwritten or typed?
How long?
We suggest you set aside 3 hours to sit the mock exam, as though it
was the real thing. If this is not possible we suggest you break down the
questions, depending how much time you have. As a guide you should
allow 15 minutes to answer a10 mark question from Section A and 30
minutes to answer a 20 mark question from Section B.
By post:
Print out the answer booklet, complete it by hand and return to us:
By email:
Print out the answer booklet, complete by hand, scan and save …
… OR …
Date XXXXXXXXXXXX
3 hours, 0930 to 1230
10 minutes reading time is allowed before the start of this examination. You may not write
anything during this period.
SECTION A
This section contains six questions. Answer ALL SIX questions.
All questions carry equal marks.
The maximum marks for each question, or part of a question, are shown in brackets.
You are advised to spend about 15 minutes on each question.
Start each answer on a new page.
(b) If the employer chooses to appeal against the notice identify the
effect of the appeal AND the timescale within which an appeal
must be made. (2)
(c) Outline the legal criteria that the inspector would need to satisfy
to bring a successful prosecution. (3)
(b) Outline the key areas of strategic involvement of the health and
safety professional with respect to developing and maintaining
an employers' health and safety management system. (6)
(a) Identify the specific provisions of the Health and Safety at Work
etc Act 1974 under which Swan Hunter Shipbuilders Ltd (Swan
Hunter) were prosecuted AND in EACH case outline the reasons
why the company was convicted. (6)
(b) The Management of Health and Safety at Work Regulations 1999
were not in force at the time of this case. Had these Regulations
been in force, identify the requirements of the Regulations under
which Swan Hunter could have been prosecuted specifically in
connection with the fire incident AND outline reasons in EACH
case.
Requirements in the Regulations relating to competent health and
safety assistance and emergency procedures should be excluded. (8)
(a) Explain what advice a health and safety adviser should give to
the managing director about the proposed disciplinary action
against the employees who have complained. (5)
(b) Outline steps that could be taken to gain the support of the
workforce in improving the health and safety culture in the
organisation. (15)
(b) The initial responses of reporting and securing the scene of the
accident have been carried out. Outline the actions which should
be taken in order to collect evidence for an investigation of the
accident. (8)
(c) The investigation reveals that there have been previous skidding
incidents which had not been reported and the company therefore
decides to introduce a formal system for reporting 'near miss'
incidents. Outline the factors that should be considered when
developing and implementing such a system. (8)
Name:
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Guidance from NEBOSH
All the information you need for completing your Unit DNI assignment is available to download
from the NEBOSH Diploma Assignment brief Unit DNI webpage of the NEBOSH website.
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The aim of the Unit DNI assignment is to produce an overall review of the health and safety
arrangements in an organisation and indicate the organisation’s priorities for the future.
This assignment enables you to demonstrate the ability to carry out a range of activities
expected of a competent occupational health and safety practitioner.
When carrying out the Unit DNI assignment your focus will be on applying the knowledge
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and understanding you have developed in the course to your workplace. This will provide
you with opportunities to:
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carry out research
present all of this in a formal report for senior managers and executives at your workplace.
You will need to refer to the material in the course notes on the role of the health and safety
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practitioner when completing this part of the assignment.
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Page 2 (point 1) of the NEBOSH Unit DNI Assignment – guidance and information for
candidates gives you the information you need about the purpose and aim.
When?
You need to have completed your study for the other units before completing and submitting
your Unit DNI assignment to NEBOSH. There are a number of submission dates each year,
which are detailed on the NEBOSH Diploma exam dates page. The How do I submit my Unit DNI
assignment section of this guide gives you more information.
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Where?
A suitable workplace must be chosen … ideally it will be your own workplace. The workplace
should be large enough to provide the opportunity for the review of health and safety
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If the workplace is very large you should limit the area you consider to a department or a
division, to ensure that the assignment is manageable and the report can be completed within
the specified word limit.
If you do not have access to a suitable workplace, contact your tutor for advice.
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Page 3 (point 4) of the NEBOSH Unit DNI Assignment – guidance and information for
candidates gives you the information you need about the assessment location.
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XX Find out about the health and safety arrangements within the organisation.
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Writing the report
PL The report should be between 8 000 to 12 000 words in total, excluding the References/
Bibliography and Appendices.
The report should be word processed (typed) and presented in an ‘approved manner’, which
means:
XX A4 page size
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Remember to spell-check your
XX 2 cm margins top and bottom, left and right
report, or get someone else to
XX legible font, such as Arial read it through for you before
XX minimum font size of 11 pt you submit it to NEBOSH.
XX numbered pages.
Pages 3-4 (point 5) and pages 4-5 (point 8) of the NEBOSH Unit DNI Assignment –
guidance and information for candidates gives you the information you need about word
limits and formatting the report.