Element 1 - Foundations in H & S

Question 1

Occupational Health

Answer 1

promotion and maintenance of highest degree of physical, mental and social wellbeing of workers in all occupations

Question 2

Occupational Hygiene

Answer 2

prevention of ill-health from work, through recognizing, evaluating and controlling the risks.

Question 3

Public Health

Answer 3

science and art of preventing disease, prolonging life and promoting health through organised efforts of society

Question 4

Ergonomics

Answer 4

understanding of interactions among humans and other elements of a system. Design to optimize human well being and system performance

Question 5

Health

Answer 5

state of complete physical, mental and social well-being, not merely absence of disease or infirmity

Question 6

Occupational Psychology

Answer 6

performance of people at work, how organisations function

Question 7

Barriers to H and S

Answer 7

Perception of minimal risk
Evolving technology
lesser enforcement in developing nations
less tangible issues of behaviour and organisational pyschology
Economic climate and commercial pressures

Question 8

3 reasons for promoting good standards of H and S

Answer 8

Moral
Legal
Financial

Question 9

Most common cause of injury

Answer 9

Slips, Trips and Falls and falls from height

Question 10

Moral

Answer 10

It’s the right thing to do
Societal Expectation i.e. public expectation rises over time.
Importance of reputation

Question 11

Financial

Answer 11

Uninsured costs approx 10x the insurance premiums paid

Question 12

Costs of an work related ill health

5 main areas

Answer 12

Sick pay
Insurance premiums
Production disturbance
Admin
Investigations and prosecutions

Question 13

10 Uninsured costs

Answer 13

Lost time
Overtime
Sick pay
Production delays
Fines
Loss of contracts
Legal costs
Investigation time
Excess on insurance claims
Reputation

Question 14

Insurance companies influence standards of H and S in 5 ways

Answer 14

Affordable premiums dependent on good standards of safety management.
Insurers undertake liability surveys to detemine potential exposure - generates useful guidance
Insurance Co surveyors undertake statutory examination of high risk plant e.g. lifting gear, pressure vessels. Failings reported to authorities
Insurers policy on claims settlement
ABI publishes guidance on safety management

Question 15

Influence of Europe

Answer 15

EU regulations - apply directly and immediately to all member states, no requirement to enact domestic law.
EU Directives - main source of European H and S law. A directive places binding requirement on all member states within a specified timescale, usually 3 years.

Question 16

Article 114

Answer 16

Harmonisation of product standards to ensure the free movement of goods within EU

Question 17

Article 153

Answer 17

Improvement of working conditions to common standard to aid movement of workers with EU. Directives have addressed:
Working environment standards
Working conditions
Information for and consultation with workers
Reintegration of persons excluded from labour market
Equality between men and women

Question 18

Two branches of law

Answer 18

1. Criminal Law - if minimum legal standards not met authority may prosecute in criminal court
2. Civil Law - if individual suffers loss the victim (or dependents) may sue for damages.

Question 19

Two sources of law

Answer 19

1. Common Law - historically meant law that was not local but common to all England. Means law that is not the result of legislation. Court decisions establish law through precedents
2. Statute Law - made by Parliament as an Act of Parliament, or a statutory instrument (e.g. regulations) under powers within an Act of Parliament
   Statute law takes priority.

Question 20

Civil Law

Answer 20

Tort e.g. negligence
Civil wrong
Wrong to an individual
Action taken by injured party
Heard in civil court
Detemines liability
A loss is necessary for action
Seeks compensation for loss
Liability proved on balance of probabilities
Can be insured against

Question 21

Criminal Law

Answer 21

Crime e.g. breach of HASAWA
Criminal offence
Offence against society
Action taken by authority/CPS
Criminal Court
Determines guilt
Loss not necessary
Seeks to punish for breach of law
Guilt proven beyond all reasonable doubt
Cannot be insured against

Question 22

Requirement for civil case

Answer 22

Duty Owed (duty of care)
Duty breached
Breach lead to loss

Question 23

Court Structure

Answer 23

See picture on page 36

Question 24

Magistrates Court

Summary trial

Answer 24

means no comittal and no jury. Usually before a bench of 3 magistrates

Question 25

Crown Court | Indictment

Answer 25

first stage is commital (dealt with by magistrates) to determine if there is a case to answer. If it proceeds it goes to crown court with judge and jury

Question 26

Employment Tribunals

Answer 26

Can be criminal e.g.appeals against prohibiton notices or civil e.g. appeals for unfair dismissal, appeals on behalf of trade union safety reps Desicions are legally binding

Question 27

County Court

Answer 27

Most civil claims go through this route.

Question 28

High Court

Answer 28

Hears appeals from County Court. | Queens Bench Division has jurisdiction for all common law civil action

Question 29

Civil Law if injured at work

Answer 29

May seek compensation under tort of negligence or tort of breach of statutory duty

Question 30

Negligence

Answer 30

Careless conduct injuring another, or | breach of the common law duty of care

Question 31

Duty of Care | Requirements for duty of care to be held

Answer 31

1. Forseeability of the damage i.e. whether reasonable person would foresee 2. Sufficiently proximate relationship i.e. neighbour relationship 3. Must be fair and reasonable to impose such a duty

Question 32

Examples of neighbour relationship

Answer 32

Employer to employee Employer to contractor and contractors employees Occupier to authorised visitors

Question 33

Wilson's and Clyde Coal Co v English 1938

Answer 33

``` Duty of care cannot be delegated to supervisor Employers must provide: Safe place of work and equipment Safe systems of work Competent co-workers ```

Question 34

Defences against claims of negligence

Answer 34

No duty of care Duty of care not breached (defendant had taken reasonable care, loss not forseeable) Breach of duty did not cause injury Injury sole fault of employee or 3rd party. Time limit exceeded

Question 35

Volenti non fit injuria

Answer 35

To a willing person no injury is done | Generally courts unwilling to accept this defence

Question 36

Tort of Breach of Statutory Duty (TBSD)

Answer 36

Alternative to negligence is breach of relevant statute, more specific than negligence A case cannot be brought under TBSD unless the statute allows it e.g. TBSD generally not allowed except for expectant mothers under HASAWA reg 16, 16A, 17 or 17A

Question 37

4 Conditions to be met for Breach of Statutory Duty

Answer 37

Statute must apply to claimant Statute designed to prevent the type of injury incurred Statute breached Injury caused by breach

Question 38

Double-barrelled action

Answer 38

Sue under negligence and TBSD. If successful in both only one compensation paid

Question 39

Contributory Negligence

Answer 39

Claimant's own carelessness contributes to injury. Damages reduced. Does not provide a full defence against negligence

Question 40

Vicarious Liability

Answer 40

Legal liability imposed on one person making them liable for acts of another e.g. employer is nearly always liable.

Question 41

Limitations Act 1980

Answer 41

3 years for date of harm or diagnosis, unless Mental disability - extended until capacity has returned Minors - starts on 18th birthday

Question 42

Employers Liability Insurance

Answer 42

Requires most employers to have at least £5m of cover | Exceptions: business with no employees, family businesses, local authority, NHS trust etc

Question 43

Civil Procedures Rules

Answer 43

``` Cards on table approach: More pre-action contact Better, earlier exchange of info Better pre-action investigation To enable cases to be settled fairly and early without litigation Run efficiently to court timatable ```

Question 44

Pre-Action Protocol for Personal Injury Claims

Answer 44

Early notification - as soon as know a claim is likely but before detailed letter of claim Letter of Claim - enough info for defendant to assess liability and likely size of claim Disclosure of Documents Alternative Dispute Resoltion (ADR)

Question 45

Protocol for EL Personal Injury

Answer 45

Claim notification form (CNF) -to insurer and defendent Only CNF to defendent Response - electonic acknowledgemt day after receipt Response - liability decision with 30 business days Documents - reports etc Admission of liabilty - bound by claims up to £25K