Supervisor Responsibilities — Level 3 Health & Safety Practice

Sample questions

1. 01Under HASAWA Section 7, what duty does an employee owe to themselves and others while at work?

   • ATo report every accident directly to the HSE under RIDDOR within ten days, whatever the severity of the injury
   • BTo carry out a written risk assessment for every task before starting it and to file a copy of it with their employer each day
   • CTo provide their own personal protective equipment at their own cost and to replace it whenever it becomes worn or damaged
   • DTo take reasonable care of their own health and safety and that of others affected by their acts or omissions, and cooperate with the employer

   Why: Section 7 places personal criminal duties on every employee: take reasonable care of own and others' health and safety, and cooperate with the employer. Breach can lead to individual prosecution — supervisors and apprentices alike are liable.

2. 02Under HASAWA Section 37, when can a director or senior manager be personally prosecuted alongside the company?

   • AOnly where the director was physically present on the site at the time the offence was committed and took no steps to stop the work
   • BWhere the director personally carried out the dangerous work, since liability under HASAWA follows the person doing the task
   • CWhere an offence by the company is committed with their consent, connivance or attributable to their neglect — they may be charged personally as well
   • DNever; only the company itself can be prosecuted, as HASAWA duties attach to the undertaking and never to an individual officer

   Why: Section 37 HASAWA exposes directors and senior managers personally where the company's offence was committed with their consent, connivance, or due to their neglect. This is the basis for many personal H&S prosecutions and disqualifications.

3. 03Under the Sentencing Council Definitive Guideline 2016 (Health and Safety Offences), what factors determine the level of fine?

   • ASolely the number of previous health and safety convictions recorded against the company over the preceding five years, counted from the date of sentence
   • BCulpability (very high to low), seriousness of harm risked, likelihood of harm, plus the offender's turnover and aggravating/mitigating factors
   • CSolely the number of employees the company had on its payroll on the date the offence was committed and reported
   • DSolely whether the breach was reported voluntarily to the HSE before an inspector attended and served any notice

   Why: The 2016 Definitive Guideline produces fines linked to culpability, harm category and turnover band. Large organisations can face fines into the millions. The structured approach has driven a step-change in penalty levels since 2016.