CSCS Test Practice

⚖️ Legal Duties & Site Management (HASAWA & CDM 2015)

Legal Duties & Site Management (HASAWA & CDM 2015)

The Health and Safety at Work etc. Act 1974 (HASAWA) is the foundation of UK health and safety law. It places a general duty on employers (section 2) to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees, and a duty (section 3) towards non-employees affected by the work, such as the public and other trades. Employees also carry duties: under section 7 they must take reasonable care of their own safety and that of others, and under section 8 they must not interfere with or misuse anything provided for health and safety. The Management of Health and Safety at Work Regulations 1999 require a suitable and sufficient risk assessment and the appointment of a competent person.

The Construction (Design and Management) Regulations 2015 (CDM) set out who is responsible for managing safety. The key duty holders are:

The Health and Safety Executive (HSE) enforces the law. Inspectors can issue an improvement notice (put a fault right within a set time) or a prohibition notice (stop a dangerous activity immediately). Risk assessments and method statements (RAMS) identify hazards and set out the safe sequence of work; read them, sign on and follow them. Site induction covers site-specific rules, toolbox talks give short reminders on a topic, and a permit-to-work controls high-risk jobs such as hot works or confined-space entry.

You must report unsafe conditions and near-misses, and you have the right to stop work and refuse to continue if you believe there is a serious, imminent danger. Safe sites depend on co-operation between everyone, co-ordination of overlapping activities, and the competence – the right skills, knowledge, training and experience – of every person on site.

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Sample questions (35)

1. Under the Health and Safety at Work etc. Act 1974, what is the main duty placed on every employee while at work?

  1. To take reasonable care of their own health and safety and that of others affected by their actions
  2. To write the site risk assessments
  3. To pay for their own personal protective equipment
  4. To carry out repairs on any faulty electrical tools they find

Section 7 of HASAWA requires every employee to take reasonable care for the health and safety of themselves and of others who may be affected by what they do or fail to do. Source: Health and Safety at Work etc. Act 1974, s.7

2. A workmate removes a guard from a machine to make the job quicker. Under HASAWA 1974, this is an example of which prohibited act?

  1. Interfering with or misusing something provided in the interests of health and safety
  2. Carrying out a permitted modification
  3. A reasonable adjustment to the work method
  4. A duty owed only by the employer

Section 8 of HASAWA states that no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare. Source: Health and Safety at Work etc. Act 1974, s.8

3. Under HASAWA 1974, who has the general legal duty to ensure, so far as is reasonably practicable, the health, safety and welfare of workers at work?

  1. The employer
  2. Each individual operative
  3. The Health and Safety Executive
  4. The client only

Section 2 of HASAWA places the general duty on the employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. Source: Health and Safety at Work etc. Act 1974, s.2

4. Under HASAWA 1974, is an employer allowed to charge employees for personal protective equipment that is needed to do the job safely?

  1. No, PPE needed for the work must be provided free of charge
  2. Yes, the employee must always pay half the cost
  3. Yes, but only for gloves and goggles
  4. Only if the worker is on a short-term contract

PPE required to control risks at work must be provided free of charge by the employer; it is the last line of defence after other controls and cannot be charged to the worker. Source: Personal Protective Equipment at Work Regulations 1992 (as amended) / HASAWA 1974, s.2

5. Besides their own employees, what duty does an employer have under HASAWA 1974 towards members of the public and other people on or near the site?

  1. To conduct their work so that non-employees are not exposed to risks to their health or safety
  2. No duty at all, as the public are not employed there
  3. A duty only if the public have signed in at the site office
  4. A duty only during the hours of darkness

Section 3 of HASAWA requires every employer to conduct their undertaking so that persons not in their employment, such as the public, are not exposed to risks to their health or safety. Source: Health and Safety at Work etc. Act 1974, s.3

6. You notice that a safety harness anchor point looks damaged. Under your duties in HASAWA 1974, what should you do?

  1. Stop, do not use it, and report the defect to your supervisor straight away
  2. Use it carefully as it will probably hold
  3. Remove the harness and throw it in the skip yourself
  4. Carry on, because checking equipment is only the employer's job

Section 7 requires you to take reasonable care and co-operate; reporting the defect rather than using damaged equipment protects you and others. Source: Health and Safety at Work etc. Act 1974, s.7

7. Under HASAWA 1974, what duty do employees have in relation to their employer's health and safety arrangements?

  1. To co-operate with the employer so legal health and safety duties can be met
  2. To ignore site rules if they slow the work down
  3. To make their own personal rules and follow only those
  4. To co-operate only when a manager is watching

Section 7 requires employees to co-operate with their employer so far as is necessary to enable the employer to comply with their statutory duties. Source: Health and Safety at Work etc. Act 1974, s.7

8. What is the main purpose of a site induction before you start work on a construction site?

  1. To make you aware of the site-specific hazards, rules and emergency arrangements
  2. To replace the need for any further training on site
  3. To test your manual handling technique only
  4. To collect payment for your PPE

A site induction provides workers with site-specific information on hazards, rules, welfare and emergency procedures so they can work safely from the start. Source: CDM 2015 / HSE guidance on site induction

9. You arrive at a new site to start work but have not yet received the site induction. What should you do?

  1. Do not start work until you have completed the induction
  2. Start straight away and catch the induction later in the week
  3. Ask another worker to summarise it for you and begin
  4. Only attend the induction if you are working at height

You must not begin work until you have been inducted, as the induction covers the site-specific hazards and emergency arrangements you need to work safely. Source: CDM 2015 / HSE guidance on site induction

10. During induction you are told the location of the assembly point. Why is this important information?

  1. So you know where to go safely if the alarm sounds in an emergency
  2. So you know where to take your tea breaks
  3. So you can store your tools there overnight
  4. So you know where to park your van

The assembly point is the safe muster location to head to when the evacuation alarm sounds; knowing it allows everyone to be accounted for in an emergency. Source: Regulatory Reform (Fire Safety) Order 2005 / HSE guidance

11. Your work method has changed significantly since your original induction, introducing new hazards. What is the best action?

  1. Make sure you receive updated information or a re-brief covering the new hazards
  2. Carry on, as one induction lasts your whole working life
  3. Ignore the change unless someone is injured first
  4. Wait for the annual induction refresher next year

Induction and instruction must be kept relevant; when work or hazards change, workers need updated information so risks remain controlled. Source: Management of Health and Safety at Work Regulations 1999 / HSE guidance

12. What is a toolbox talk on a construction site?

  1. A short, focused safety briefing on a specific task or hazard
  2. A formal classroom course lasting several days
  3. A written legal contract between worker and employer
  4. A meeting only for site managers

A toolbox talk is a short, informal briefing used to refresh workers' knowledge of a particular hazard, task or safe working method. Source: HSE guidance on toolbox talks

13. During a toolbox talk you do not understand part of the safe system being explained. What should you do?

  1. Ask a question so the point is made clear before you start work
  2. Stay quiet and work it out yourself once you start
  3. Leave the talk early as it does not apply to you
  4. Wait until something goes wrong before raising it

Toolbox talks are a two-way briefing; raising questions ensures you fully understand the safe method before starting, which is part of taking reasonable care. Source: HSE guidance on toolbox talks / HASAWA 1974, s.7

14. A toolbox talk is most useful for which of the following purposes?

  1. Reinforcing awareness of a specific hazard before that work takes place
  2. Replacing the need for a full risk assessment
  3. Recording the site's accident statistics for the year
  4. Setting the wages for the workforce

Toolbox talks reinforce awareness of specific hazards and safe methods relevant to upcoming work; they support, but do not replace, risk assessments. Source: HSE guidance on toolbox talks

15. What is the main purpose of a permit-to-work system?

  1. To control high-risk work by setting out exactly what must be done to make it safe
  2. To record how many hours each worker has done
  3. To give workers permission to leave site early
  4. To order new materials for the job

A permit-to-work is a formal documented system that controls high-risk activities by specifying the precautions required before, during and after the work. Source: HSE guidance on permit-to-work systems

16. Which of the following types of work would most likely require a permit-to-work?

  1. Hot works such as cutting, grinding or welding
  2. Sweeping the site walkways
  3. Carrying small hand tools to a workstation
  4. Reading the site notice board

Hot works create ignition risks and are a typical high-risk activity controlled by a permit-to-work, often called a hot works permit. Source: Regulatory Reform (Fire Safety) Order 2005 / HSE permit-to-work guidance

17. You are about to enter a confined space but no permit-to-work has been issued. What should you do?

  1. Do not enter until a valid permit is in place and the safe system is confirmed
  2. Enter quickly while no one is watching
  3. Enter but leave the lid open behind you
  4. Ask a colleague to enter first to check it is safe

Confined space entry is high-risk and must not take place without a valid permit and safe system of work, given the risks of low oxygen and toxic or flammable atmospheres. Source: Confined Spaces Regulations 1997 / HSE permit-to-work guidance

18. When a permit-to-work has been issued for a task, what must happen before the work is signed back as complete?

  1. The area must be checked to confirm the work is finished and the area left safe
  2. Nothing further; the permit can simply be thrown away
  3. Only the workers who held the permit decide it is finished without any check
  4. The permit is automatically valid for the next job too

A permit-to-work must be formally closed and handed back, confirming the work is complete and the area is left in a safe condition before normal activity resumes. Source: HSE guidance on permit-to-work systems

19. You hold a permit-to-work for a task that should finish by midday, but the work runs over and the permit time has expired. What is the correct action?

  1. Stop work and have the permit reviewed and re-issued or extended before continuing
  2. Carry on regardless, as the work is nearly done
  3. Cross out the time on the permit yourself and keep going
  4. Hand the permit to another worker and let them continue

A permit-to-work is only valid for its stated time and conditions; if it expires, work must stop until the permit is reviewed and properly re-issued or extended. Source: HSE guidance on permit-to-work systems

20. Under health and safety law, both employers and employees can be held legally responsible. Which statement is correct?

  1. Employees can be prosecuted for breaching their own duties under HASAWA, not just employers
  2. Only the employer can ever be prosecuted under HASAWA
  3. Only the HSE inspector can be prosecuted
  4. Health and safety law does not apply to self-employed workers at all

HASAWA places duties on employees (s.7 and s.8) as well as employers, and individuals can face enforcement action for breaching those duties. Source: Health and Safety at Work etc. Act 1974, s.7 and s.8

21. Under HASAWA 1974, which of the following is part of the employer's general duty to employees?

  1. Providing information, instruction, training and supervision so work can be done safely
  2. Guaranteeing that no accident will ever happen on site
  3. Charging workers for any safety training they receive
  4. Leaving each worker to decide their own safe method with no support

Section 2 of HASAWA specifically requires employers to provide such information, instruction, training and supervision as is necessary to ensure health and safety at work. Source: Health and Safety at Work etc. Act 1974, s.2

22. At induction you are told a procedure you believe is unsafe and could put you at risk. What is the most appropriate response?

  1. Raise your concern with the person delivering the induction so it can be addressed
  2. Say nothing and quietly do the job your own way later
  3. Refuse to work but tell no one why
  4. Sign the induction sheet and forget about it

Co-operation and reporting concerns are part of your duties; raising a genuine safety concern allows the risk to be reviewed and controlled before work begins. Source: Health and Safety at Work etc. Act 1974, s.7 / HSE guidance

23. A toolbox talk covers safe use of a cut-off saw, but you have never been trained or assessed as competent to use one. What should you do?

  1. Tell your supervisor you are not trained and do not use the saw until you are competent
  2. Use it anyway because the talk explained how it works
  3. Watch a video on your phone first, then use it
  4. Borrow another worker's certificate to cover yourself

A toolbox talk raises awareness but does not make you competent; you must be properly trained and authorised before using high-risk equipment. Source: HSE guidance / HASAWA 1974, s.7

24. Why does a permit-to-work usually require named, authorised people to sign it?

  1. So there is clear accountability that the correct precautions have been checked and are in place
  2. So the permit looks more official to visitors
  3. So the cost of the job can be shared between them
  4. So workers can be blamed if something goes wrong

Authorised signatures provide clear accountability, confirming that a competent person has checked and verified the required safety precautions before work proceeds. Source: HSE guidance on permit-to-work systems

25. Your employer has provided ear defenders for a noisy task in a hearing protection zone. Under HASAWA 1974, what is your duty?

  1. Wear them correctly as provided and not misuse or interfere with them
  2. Leave them in your locker as they get in the way
  3. Lend them to whoever needs them and work without yours
  4. Only wear them if the supervisor is nearby

Sections 7 and 8 require you to take reasonable care by using protection provided and not to misuse or interfere with it; ear defenders are mandatory in a hearing protection zone. Source: Health and Safety at Work etc. Act 1974, s.7 and s.8 / Control of Noise at Work Regulations 2005

26. What do the letters 'CDM' stand for in the CDM Regulations 2015?

  1. Construction (Design and Management) Regulations
  2. Construction Demolition and Maintenance Regulations
  3. Civil Design and Materials Regulations
  4. Construction Duties and Methods Regulations

CDM stands for the Construction (Design and Management) Regulations 2015, which set out how health and safety must be managed throughout a construction project. Source: Construction (Design and Management) Regulations 2015 (CDM)

27. Which of the following is a duty-holder under the CDM Regulations 2015?

  1. The principal contractor
  2. The local fire brigade
  3. The building's future tenants
  4. The materials delivery driver

CDM 2015 names specific duty-holders including the client, principal designer, principal contractor, contractors and workers; the principal contractor manages health and safety during the construction phase. Source: Construction (Design and Management) Regulations 2015 (CDM)

28. Under CDM 2015, who is responsible for planning, managing and co-ordinating health and safety during the construction phase on site?

  1. The principal contractor
  2. The client
  3. The principal designer
  4. The Health and Safety Executive

The principal contractor is appointed to plan, manage, monitor and co-ordinate health and safety during the construction (building) phase of the project. Source: Construction (Design and Management) Regulations 2015 (CDM)

29. Under CDM 2015, who has the main duty to plan, manage and co-ordinate health and safety during the pre-construction (design) phase?

  1. The principal designer
  2. The principal contractor
  3. The site labourer
  4. The CITB

The principal designer is responsible for managing health and safety risks during the pre-construction phase, when key design decisions are made. Source: Construction (Design and Management) Regulations 2015 (CDM)

30. As a worker on a construction site, what is one of your duties under CDM 2015?

  1. Co-operate with others and report anything you see that may endanger health and safety
  2. Write the site's construction phase plan
  3. Appoint the principal designer
  4. Carry out all asbestos surveys yourself

Under CDM 2015 workers must look after their own health and safety, co-operate with their employer and others, and report anything they see that is likely to endanger anyone. Source: Construction (Design and Management) Regulations 2015 (CDM)

31. You are a new operative starting on a CDM site. Before you begin work, what should normally happen?

  1. You receive a site induction explaining the site rules and hazards
  2. You sign a waiver removing all your legal rights
  3. You start work immediately with no instruction
  4. You are given the keys to operate any plant you like

The principal contractor must provide a site induction so that everyone understands the site rules, hazards and emergency arrangements before starting work. Source: Construction (Design and Management) Regulations 2015 (CDM)

32. Under CDM 2015, what is the document called that sets out the health and safety arrangements, site rules and control of risks for the construction phase?

  1. The construction phase plan
  2. The company brochure
  3. The lunch rota
  4. The plant hire invoice

The construction phase plan, drawn up by the principal contractor, sets out the health and safety arrangements, site rules and how significant risks will be controlled. Source: Construction (Design and Management) Regulations 2015 (CDM)

33. Under CDM 2015, who is the duty-holder that the project is built for and who sets it in motion?

  1. The client
  2. The principal contractor
  3. The scaffolder
  4. The site visitor

The client is the organisation or individual for whom the project is carried out and has overall duties to make suitable arrangements for managing the project. Source: Construction (Design and Management) Regulations 2015 (CDM)

34. Under CDM 2015, on a project with more than one contractor, when must the client appoint a principal designer and a principal contractor?

  1. In writing, as soon as practicable and before the construction phase begins
  2. Only after the building is completed
  3. Only if an accident has already happened
  4. Never, because these roles are optional

Where there is more than one contractor, the client must appoint a principal designer and a principal contractor in writing, and do so before the construction phase starts. Source: Construction (Design and Management) Regulations 2015 (CDM)

35. Under CDM 2015, what must a contractor ensure about the workers they employ or appoint?

  1. That they have the skills, knowledge, training and experience to do the work safely
  2. That they own their own van
  3. That they have worked on the site before
  4. That they bring their own first aid kit

Contractors must only employ or appoint people who have, or are taking steps to obtain, the skills, knowledge, training and experience to carry out the work safely. Source: Construction (Design and Management) Regulations 2015 (CDM)

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