Element 1 - Foundation In Health and Safety Flashcards
Define health
A state of wellbeing in both a physiological and psychological sense.
Define safety
The absence of danger or physical harm to persons.
Define welfare
The provision of workplace facilities to allow the employee to fulfil their bodily functions.
Identify 8 uninsured costs
Product and material damage Lost production time Legal costs Overtime and relocated labour Investigation time First aider time Additional recruitment Fines Loss of expertise Bad publicity Increased insurance costs
Give 4 key elements of civil law
Purpose - redress
Burden of proof - balance of probabilities
Court - county courts and tribunals
3 year time limit or statute barred
Give 4 key elements of criminal law
Purpose - punishment prison or a fine
Burden of proof- beyond all reasonable doubt
No time limit on When you can inform the authorities
Court - crown and magistrates
Criminal law defences
Individuals must prove they took all reasonable care
Employers must prove they took all reasonably foreseeable precautions
Due diligence
Accused must prove that it was not practicable or reasonable practicable to do more.
Civil law defences
Duty of care not owed - not acting in course of employment
Duty of care not breached - accident not reasonably foreseeable
Breach did not directly result in harm or injury
Denial of facts
Contributary negligence
Claimant voluntarily accepted the risk
Act of God
What are the employers common law duties
A safe place of work including safe access and egress.
Safe plant and equipment.
Safe systems for doing the work.
Adequate training and supervision.
Competent fellow employees.
Define vicarious liability
If an employee commits an offence while at work and under the direct supervision of the employer, the employer would be held wholly accountable.
Define practicable
Cost is not a factor and should be done if it is technically feesable.
Define reasonably practicable
Balance of risk versus cost.
Give the principles of prevention
Evaluating risks that cannot be avoided
Combatting risks at source
Adapting the work to the individual
Adapting to technical progress
Replacing the dangerous with the non dangerous or the less dangerous
Developing a coherent overall prevention
Giving collective protective measures priority over individual measures
Giving appropriate instructions
Name 8 regs
Reg 3 - risk assessment
Reg 4 - principles of prevention
Reg 6 - health surveillance
Reg 8 - emg procedures
Reg 9 - contact with external services
Reg 14 - employee duties
Reg 16 - new and expectant mothers
Reg 18 - notification by new or expectant mothers
Reg 19 - young person’s
