1.3 The Legal Framework for Health and Safety Regulation Flashcards Preview

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Flashcards in 1.3 The Legal Framework for Health and Safety Regulation Deck (25)
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1
Q

There are two main sources of European legislation that can impact on health and safety regulation in the UK. These are:

A

Regulations

Directives

2
Q

The law is divided into two branches (or systems), they are:

A

Criminal law

Civil law

3
Q

The law is made in two different ways, i.e. there are two sources of law, they are:

A

Common law

Statute law

4
Q

Criminal Court Structure

A

The Supreme Court
The Court of Appeal
Crown Court
Magistrates Court

5
Q

Civil Court Structure

A

The Supreme Court
The Court of Appeal
High Court | County Court
Small Claims Court

6
Q

Negligence may be explained as

A

careless conduct injuring another

7
Q

For the injured party (claimant) to succeed in a negligence claim, he must prove three things. What are they?

A

(1) A duty of care was owed
(2) The duty of care was breached
(3) The breach led to the loss (injury, illness etc.)

8
Q

The three requirements that must be satisfied before a duty of care is held to exist are:

A

(a) foreseeability of the damage
(b) a sufficiently ‘proximate’ relationship
(c) it must be fair, just and reasonable to impose such a duty.

9
Q

Negligence is a ‘tort’ rather than a ‘crime’. There is another tort that an injured party may use to claim damages. What is it?

A

Tort of breach of statutory duty (TBSD)

10
Q

The Limitation Act 1980 sets a time limit for starting proceedings for claiming compensation for personal injury.

What is the time limit?

A

3 years

11
Q

The damages that can be recovered as a result of a successful personal injury claim fall into two categories:

A

General damages

Special damages

12
Q

What are ‘general’ damages –

A

actual and/or probable loss of future earnings, to be incurred after the case

13
Q

What are ‘special’ damages –

A

quantifiable losses incurred before the case, mainly loss of earnings and medical expenses.

14
Q

The Employers’ Liability (Compulsory Insurance) Act 1969 requires most employers to have how many £ of insurance cover ?

A

at least £5 million (most policies offer at least £10

million of cover)

15
Q

What is being described below:

a “cards on the table” approach with the following
objectives:

 more pre-action contact between the parties;
 better and earlier exchange of information;
 better pre-action investigation by both sides;
 to enable cases to be settled fairly and early without litigation;
 to enable proceedings to run efficiently to the court’s timetable if litigation is necessary

A

Pre-Action Protocol for Personal Injury Claims

16
Q

All authorised inspectors have the same powers, regardless of the area of enforcement. Inspectors can:

A

 enter any premises
 take a police constable with them
 take any other person authorised by their enforcing authority

 order that areas be left undisturbed;
 take measurements, photographs and
samples,
 carry out tests on, and/or confiscate articles and substances;
 inspect and take copies of relevant documents;
 seize any article or substance and have it made
harmless, by destruction if necessary:
 interview and take written statements

17
Q

Inspectors have a range of enforcement options, including: (4)

A

 Informal advice;
 Improvement Notice;
 Prohibition Notice;
 Prosecution.

18
Q

Less serious criminal cases (over 90% of the total) are sent for summary trial in one of over 400 magistrates’ courts. A summary trial means

A

no committal and no jury. The trial is usually before a bench of three magistrates who are “lay” persons
(i.e. not lawyers or judges).

19
Q

Serious criminal cases are tried on indictment, which is a document specifying the criminal charges, in the Crown Court (approx. 70 centres in England
and Wales).

The first stage of the process (committal) is dealt with by magistrates. The committal process determines…

A

whether there is a case to answer.

20
Q

What type of law is being described below:

if minimum legal standards are not met the enforcing authority may prosecute the offender

A

Criminal Law

21
Q

What type of law is being described below:

if an individual suffers loss (injury / ill-health or death) the victim, or his dependants, may sue for damages

A

Civil Law

22
Q

What type of law is being described below:

law that is not the result of legislation. Court
decisions establish law through a system of precedents

A

Common Law

23
Q

What type of law is being described below:

law made by Parliament as an Act of Parliament, or a statutory instrument (e.g. Regulations) made under powers within an Act of Parliament.

A

Statute Law

24
Q

There are three different levels of legal duty.

What are they?

A

Absolute

Practicable

Reasonably practicable

25
Q

FOUR common law duties that an employer must provide.

A
a safe place of work 
a safe working environment 
safe means of access and egress  
safe systems of work 
reasonably competent fellow employees