Tutopia Solutions - NEBOSH - Definitions 29/11/10 4:54 PM

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General Certificate and Diploma

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Definitions Nebosh Home

Exam technique
In the NEBOSH examination you can often pick up two points for knowing a
Legislation
definition. Beyond those two points you can use the a definition to contibute
Six Pack
to an answer worth more. The list below will give you most, if not all, of the
Links
definitions that NEBOSH work to
podcasts

The second table gives some of the legal definitions that you will be exposed
to in the diploma Acts & Regs

Accidents & near misses

Follow this link to the definitions test page where you can check your
ACoPs & Guidance
memory
Acronyms

Auditors
Safety The freedom from unacceptable risk of harm
Behavioural Safety
A state of complete physical, mental and social wellbeing,
Health Breach of Statutory Duty
not merely the absence of disease or infirmity
Case Law Index
Welfare Looking after people's basic needs Cautions

An unwanted, unplanned event resulting in loss, injury or Civil Claim

Accident
damage Competence

Compensation
Incident / An unwanted, unplanned event that had the potential to
Criminal vs Civil Law
Near Miss result in loss, injury or damage
Definitions
Hazard Something with the potential to cause harm
DRIFT
The likelihood of harm occurring and the severity of that Duty of Care
Risk
harm Effective H&S Committees

Efficiency Doing things right Enforcement Notices

ERICPD
Effectiveness Doing the right things
HSE Inspectors
A tort, or civil wrong, involving a breach of common law duty
Negligence HSG 65
of care resulting in loss, injury or harm
Liability
A tendency to respond in a particular way to given LITE
Attitude

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Attitude
circumstances Negligence

Aptitude A natural predisposition towards an ability POPIMAR

Promoting safe behaviour

The way in which a person interprets or makes sense of
Principles of Prevention
Perception presented information, for example in relation to their
Risk Assessment
surroundings
Safety Reps
Is the driving force behind the way a person reacts in order
Motivation sfrp
to achieve a goal
TAMREL
The systematic development of skills, attitude and knowledge Tort
Training
to perform adequately a task or a job Training

Any space of an enclosed nature in which there is a Vicarious Liability

Confined
‘specified risk of serious injury’ from conditions or substances Volenti non fit injuria
Space
in, or close to, that space Why employees don’t

comply
Is a decision or act that was not intended, which involves a
Why manage H&S?
Human Error deviation from an accepted standard and which leads to an
undesirable outcome
Site Search
Is any transporting or supporting (lifting, putting down,
Manual Contact
pushing, pulling, carrying or moving) of a load by hand or
Handling Copyright
bodily force

Legal Definitions from the Diploma

(The Reason for the Decision) A statement of law based on an

Ratio
study of the facts and the legal issues related to them.
Decidendi
Becomes the Binding Precedent

(Words said By The Way) Not based on the case under review,
Obiter these may contain a statement about the law but which will not
Dicta therefore be part of the judgement. Sometimes referred to as
the persuasive authority

Judicial
A decision of court to which authority is attached
Precedent

A decision made in a previous court case to which a judge is

Binding
bound to follow without choice, for example a lower court must
Precedent
pay heed to judgements made in a higher court

Are judgements which are not binding but ones to which a

Persuasive

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Persuasive
judge will treat as influential. AN example is an English High
precedent
Court respecting the decision of a higher commonwealth court

Proof is not needed because the facts speak for themselves.

Res Ipsa Used where the evidence is so compelling that a decision on
Loquitor negligence can be made without recourse to further
investigation

A person who goes upon land without invitation of any sort and
whose presence is unknown to the proprietor or, if known, is
Trespasser
practically objected to - Robert Addie & Sons (Colliery) Ltd v.
Dumbreck [1929]

beyond the power - where a minister creating secondary

ultra vires
legislation has exceeded his power

External Links
HSE: Home Page

HSE: Publications

OPSI: Home Page

Why you should comply:

Croner: Home Page

HSE: HSE Press Office

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