What act is the UK heath and safety legislation based on?
Health and Safety at Work act 1974
What three main bodies is the EU legislation regulated?
1) The European commission – which is the executive body of the EU.
2) The Council of ministers – which consists of ministers from every member state.
3) The European Parliament – made up of elected representatives from member states.￼
How are EU directives translated into UK law?
Directives are translated into regulations which are then approved by parliament.
￼ What is meant by the term reasonably practicable?
Reasonably practical is the balance between the cost of action to reduce the risk, I.e , money, time and effort, and the consequences of risk.
In criminal courts, what is meant by the term summary trial?
A summary trial is where a case is regarded as less serious and it is heard in the magistrates court in front of a group of magistrates.
What tools do enforcement authorities have at their disposal in order to fulfil their duties?
Inspectors may offer advice, serve improvement and prohibition notices, withdrawal approvals, very license conditions or extensions, issue simple cautions and prosecute offenders.
Of the range of powers and HSE or LA inspector has, list eight.
1) The right to enter premises
2) to enlist the support of a police officer
3) to inspect the premises
4) to examine and investigate
5) to require, following an incident, plant is not disturbed￼￼
6) taking measurements and photographs
7) taking samples of suspect substances
8) require tests to be carried out
9) requiring dismantling of the plant
10) require a verbal or written statement
11) The right to inspect and take copies of books or documents
12) requiring assistance within a persons limits of responsibilities
13) to serve improvement or probation notices as he sees fit
14) to serve formal cautions
15) to conduct the case in a court of law (England and Wales Only)￼
16) any other power deemed necessary in pursuance of his duty
What is the meaning of tort or delict?
A tort or delict is a wrong that involves a breach of a civil duty owed to someone else.
For a tort or delict to have occurred, what three aspects have to have come about?
1) A duty has to have been owed
2) A duty has to have been breached
3) some injury or damage has to have been sustained￼
What is a statutory duty?
Statutory duty is the obligation of a company’s directors or officers to comply with legislation.
Name three types of case which can be heard by an employment tribunal?
Discrimination on the grounds of disability, race, sex, age, sexual orientation, religion or belief.
Not being allowed to have someone accompanying them to a disciplinary or grievance hearing.
Not being consulted in the redundancy situation.
Breach of contract.
What is meant by contributory negligence?
Contributory negligence is where both employee and employer are to blame for an injury. Costs are awarded to the claimant in line with the amount of blame apportioned to each party.￼
What is statute law?￼
Statutory law or statute law is written law set down by legislation passed by parliament.
What are approved codes of practice ACOPS?
Approved codes of practice are issued by the health and safety executive and give specific information and guidance on how to comply with specific pieces of legislation.￼
HSE can recover costs incurred for carrying out their duties. this is known as fees for intervention (FFI)￼. Explain under what circumstances are these fees applied to organisations?￼
Fees can be applied where am organisation breach of health and safety law.
A material breach is when in the opinion of the HSE inspector, there is or has been a contravention of health and safety law that requires them to issue notice in writing of that opinion to the duty holder.￼