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Health and safety law and enforcement questions for the CSCS MAP test

4 free questions on Health and safety law and enforcement, from section A. Legal and management. Every question is original and explains why each option is right or wrong.

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Question 1

Medium ·Link to this question (question 1)

An HSE inspector visits your site and serves a prohibition notice on a scaffold.

What does the notice require?

Choose one answer.

  1. A. You must pay a fine on the spot to the inspector
  2. B. The dangerous activity must stop
  3. C. You must improve the scaffold within the next few weeks, but work on it can carry on
  4. D. Nothing, unless the company is later prosecuted
Show the answer and explanation

Answer: B

  • A. Wrong: Wrong. Inspectors don't take on-the-spot fines. The notice tells you to stop the activity.
  • B. Right: Right. HSE says a prohibition notice requires the dutyholder to stop dangerous activities.
  • C. Wrong: Wrong. That describes an improvement notice. A prohibition notice stops the activity.
  • D. Wrong: Wrong. Failing to comply with a notice is a criminal offence in itself.

Explanation

A prohibition notice stops a dangerous activity. An improvement notice requires changes. Ignoring either is a criminal offence.

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Question 2

Medium ·Link to this question (question 2)

An HSE inspector finds that your company has broken health and safety law and spends time helping put it right.

What may your company have to pay?

Choose one answer.

  1. A. A fixed fine set by the site manager
  2. B. The full cost of the project so far
  3. C. A fee for HSE's time
  4. D. Nothing, as HSE visits are always free
Show the answer and explanation

Answer: C

  • A. Wrong: Wrong. Site managers don't set fines. HSE charges a fee for its time.
  • B. Wrong: Wrong. The fee covers HSE's time, not the project.
  • C. Right: Right. HSE says a dutyholder found breaking the law must pay for the time HSE spends helping them put it right. This is called fee for intervention (FFI).
  • D. Wrong: Wrong. Where HSE finds a material breach, the dutyholder pays for HSE's time.

Explanation

Under fee for intervention, a business found breaking the law pays for the time HSE spends putting it right.

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Question 3

Medium ·Link to this question (question 3)

An HSE inspector serves an improvement notice on your company about its welfare facilities.

What does the notice require?

Choose one answer.

  1. A. An apology letter to HSE
  2. B. Changes to put the problem right
  3. C. All work on the site to stop at once until the inspector comes back
  4. D. Nothing, as it is only advice
Show the answer and explanation

Answer: B

  • A. Wrong: Wrong. The notice requires the problem to be fixed.
  • B. Right: Right. HSE says an improvement notice requires the dutyholder to make changes. Failing to comply is a criminal offence.
  • C. Wrong: Wrong. Stopping a dangerous activity is what a prohibition notice does.
  • D. Wrong: Wrong. A notice is a legal requirement, and ignoring it is an offence.

Explanation

An improvement notice requires changes to put a breach right. Not complying is a criminal offence.

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Question 4

Medium ·Link to this question (question 4)

Your company has been served an HSE enforcement notice.

What happens to the notice afterwards?

Choose one answer.

  1. A. It is deleted once the work is finished
  2. B. It is sent to every worker's home address
  3. C. It goes on HSE's public register
  4. D. It is kept secret between HSE and the company forever
Show the answer and explanation

Answer: C

  • A. Wrong: Wrong. Notices stay on the register for 5 years.
  • B. Wrong: Wrong. It is published on HSE's public register.
  • C. Right: Right. HSE publishes improvement and prohibition notices on its public register 5 weeks after they are served, and they stay there for 5 years.
  • D. Wrong: Wrong. Notices are published on a public register.

Explanation

Enforcement notices go on HSE's public register 5 weeks after they are served and stay for 5 years.

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