Exams / HS&E Operatives / Duties under the Health and Safety at Work etc. Act 1974
Duties under the Health and Safety at Work etc. Act 1974 questions for the CSCS test
7 free questions on Duties under the Health and Safety at Work etc. Act 1974, from section A. Working environment. Every question is original and explains why each option is right or wrong.
You have just started work for a groundworks firm. Your supervisor explains that health and safety law gives duties to workers as well as to employers.
Which two of these are your own legal duties as a worker? (Choose two.)
Choose two answers.
AA. Buy the safety boots and hi-vis the job needs
BB. Give first aid to anyone who is hurt on site
CC. Take reasonable care of your own and other people's health and safety
DD. Co-operate with your employer on health and safety
EE. Write the risk assessment for each job you do
Show the answer and explanation
Answers: C, D
A. Wrong: Wrong. Your employer must give you the safety equipment and protective clothing you need, free of charge. The law does not allow them to make you pay for it.
B. Wrong: Wrong. Your employer must make first-aid arrangements, such as a first-aid kit and a person to take charge. Unless you are a trained first-aider, your job is to get help quickly.
C. Right: Right. Section 7 of the Health and Safety at Work etc. Act 1974 says every worker must take reasonable care of themselves and of anyone affected by what they do, or fail to do, at work.
D. Right: Right. Section 7 also says you must co-operate with your employer, so they can meet their own legal duties. That includes following site rules and safe ways of working.
E. Wrong: Wrong. Deciding what could harm you and the precautions to take is your employer's duty. You follow the risk assessment and speak up if something in it looks wrong.
Explanation
Workers have two main duties under the Health and Safety at Work etc. Act: take reasonable care of yourself and others, and co-operate with your employer. Risk assessments, safety equipment and first-aid arrangements are your employer's job.
The site is noisy, so your employer gives you a new pair of ear defenders. At the end of the week, £15 is taken out of your pay to cover their cost.
Is your employer allowed to do this?
Choose one answer.
AA. No, because the law says safety equipment must be free
BB. No, because ear defenders only need wearing in very loud areas
CC. Yes, because you get to keep the ear defenders after the job
DD. Yes, because ear defenders are personal and can't be shared
Show the answer and explanation
Answer: A
A. Right: Right. Section 9 of the Health and Safety at Work etc. Act 1974 says an employer must not charge workers for anything done or provided to meet a legal health and safety duty.
B. Wrong: Wrong reason. Where hearing protection must be worn depends on how loud the noise is, but that is not why the charge is unlawful. The charge is unlawful because of section 9.
C. Wrong: Wrong. Keeping the equipment makes no difference. The law says your employer cannot charge you for anything they must provide for your health and safety.
D. Wrong: Wrong. Some equipment is issued to one person for hygiene reasons, but that does not let your employer charge you for it. Section 9 of the Act still applies.
Explanation
Your employer must give you the protective equipment you need for the job free of charge. They cannot take the cost out of your pay.
A fire door keeps swinging shut while a colleague carries materials through it. To stop this, they prop the door open with a fire extinguisher taken from the nearby fire point.
What is wrong with this?
Choose one answer.
AA. Nothing, as long as the extinguisher goes back before the shift ends
BB. It only matters if the fire marshal sees it
CC. Only the extinguisher is a problem; a wooden wedge would be fine
DD. It misuses safety equipment, which nobody is allowed to do
Show the answer and explanation
Answer: D
A. Wrong: Wrong. A fire can start at any time. While the extinguisher is holding the door open, it is not where people expect to find it, and the door is not doing its job.
B. Wrong: Wrong. The duty not to misuse safety equipment applies all the time, whoever is watching. It is a legal duty on every person at work.
C. Wrong: Wrong. A fire door is there to stop fire and smoke spreading, so it must not be wedged open with anything. HSE says work must not interfere with fire separation in a building.
D. Right: Right. Section 8 of the Health and Safety at Work etc. Act says nobody may interfere with or misuse anything provided for health and safety. It also leaves the fire point without its extinguisher.
Explanation
Never misuse or interfere with equipment provided for safety, such as fire extinguishers or fire doors. If a fire door gets in the way of your work, tell your supervisor so a safe way of working can be found.
On a construction site, different people hold different legal duties. Some belong to your employer, some to you, and some to the principal contractor, the firm in charge of the building work.
Match each duty to the person who holds it.
Match each item to one answer. An answer can be used more than once, and some may not be used.
Items
Give workers the safety equipment they need, free of charge
Take reasonable care of your own and other people's safety
Make sure every worker gets a suitable site induction
Tell someone if the work is putting people at serious risk
Answers
AA. Your employer
BB. You, the worker
CC. The principal contractor
DD. The client
Show the answer and explanation
Correct matches
Give workers the safety equipment they need, free of charge: A. Your employer
Take reasonable care of your own and other people's safety: B. You, the worker
Make sure every worker gets a suitable site induction: C. The principal contractor
Tell someone if the work is putting people at serious risk: B. You, the worker
About each answer
A. Your employer must give you the safety equipment and training you need, free of charge, and explain how risks will be controlled.
B. You must take reasonable care of yourself and others, co-operate with your employer, and tell someone if the work is putting people at serious risk.
C. Under the CDM Regulations 2015, the principal contractor must make sure every worker on site gets a suitable site induction.
D. The client is the person or company the work is being done for. Their duties are about setting the project up properly, not the items listed here.
Explanation
Health and safety is shared. Your employer provides what you need to work safely, you take care and speak up, and the principal contractor runs safety across the whole site, including inductions.
You think part of a scaffold is unsafe. You told your supervisor, but nothing has been done and work is carrying on.
What can you do next?
Choose one answer.
AA. Carry on, as it is now the supervisor's problem
BB. Raise it with a safety rep, then HSE if needed
CC. Nothing, as you have already told your supervisor
DD. Fix the scaffold yourself during your break
Show the answer and explanation
Answer: B
A. Wrong: Wrong. You still have a duty to take reasonable care of yourself and others. Don't use a scaffold you think is unsafe.
B. Right: Right. HSE says raise concerns with your employer, supervisor or safety representative first. If you are still worried, you can contact the enforcing authority, such as HSE.
C. Wrong: Wrong. You can still raise it with a safety representative, and then the enforcing authority if you are still worried. Don't let a serious risk carry on.
D. Wrong: Wrong. Only competent scaffolders should alter a scaffold. Keep off it and report it.
Explanation
If you have a safety concern, tell your employer, supervisor or safety rep. If you are still worried, you can contact the enforcing authority, such as HSE.
Your supervisor asks you to move some pallets with a telehandler. You have never been trained to drive one.
What should you do?
Choose one answer.
AA. Ask a workmate to show you the controls first
BB. Do it, because your supervisor asked you to
CC. Say no, as you haven't been trained to use it
DD. Have a go, but drive slowly
Show the answer and explanation
Answer: C
A. Wrong: Wrong. A quick look at the controls is not proper training. Telehandler drivers need recognised training.
B. Wrong: Wrong. Being asked does not make it safe or legal. Explain that you are not trained.
C. Right: Right. Under CDM 2015, workers must only do construction work they have the skills, knowledge, training and experience for, or be given the training and supervision to do it safely.
D. Wrong: Wrong. Driving slowly does not make up for having no training. Untrained drivers cause serious accidents.
Explanation
Only do work you are trained and competent to do. If you are asked to do something you are not trained for, say so.