NGC1 Flashcards
What are good moral reasons for H and S management?
need to provide a reasonable standard of care and ethical reasons to reduce
- accident rates
- industrial disease
- I’ll health rates
What are the Legal reasons for good h and S management?
Employers have the duty to take reasonable care of workers.
Poor management can lead too
- prosecutions
- civil actions, compensation claims
What are financial reasons for good health and safety management?
Poor health and safety management can lead to
- direct
- in direct costs
Good h and S management
- high motivated workforce
- improvement of rate of production
- and product quality
- improved image and reputation - shareholders, stakeholders.
What is a direct cost?
immediate consequence of accidents and can be identified as directly relating to a specific occurrence.
Insured
- claims on employer, damage to buildings, equipment, vehicles, production loss, general business loss.
Uninsured
- fines from prosecution from enforcement authority, sick pay
- increase in insurance premiums result from an accident
- any compensation that’s not covered by insurance policy
- legal representation following an compensation claim.
What is a indirect cost?
Cost which may not be directly connected to the accident but may result from a series of accidents.
Insured
- cumulative business loss
- process liability claims
- recruitment costs
Uninsured
- investigation time - FFI (enforcement authority)
- production delays
- extra overtime payments
- replacement training staff
- lower morale, reduced productivity
- lost time from other employees involved
What is employer liability insurance?
- Legal requirement
- covers employers liability in event of accident, work related ill health, employees and others who maybe effected.
- made available to view by display or electronically
- employee who sued employer following accident is assured of receiving compensation.
What is criminal law?
- enforced by state to punish individuals
- individual prosecuted by an agency of the state ( police, HSE, local auth, fire)
- individuals guilty or not guilty
- fines of imprisonment
- proof beyond reasonable doubt
- can not insure against punishment
What is civil law?
- Disputes between individual to addresses a civil wrong tort
- individuals/organisation sued
- individuals are liable not liable
- courts award compensation and costs
- proof based on balance of probabilities
- employers must insure against civil actions
- concerned with liability rather that guilt or non guilt
What are the uk source laws?
Common law
- based on judgements made by judges in courts
- bound by earlier judgements
- Lower courts follow judgements of higher court
- H AND S definitions, negligence, duties of care, practicable and reasonably practicable based on common law judgements.
statue law
- law laid down by acts of parliament
- h@s act 1974
- specific duties mainly in regulations or statutory instruments
- take precedence over common law
What are the court systems for criminal law?
- Magistrates court
2. Crown court
What are the court systems for civil law?
- County Court
2. High court (queens bench division)
What are the main prosecuting criminal authorities uk?
CPS - England
Procurator fiscal - Scotland
PPSNI - Northern Ireland
What are the two types of criminal offence?
Summary - minor offences, tried without a jury only in MC.
Indictable - most serious offences, tried only in CC Or HC in Scotland.
What is the limitations act
LMITATIONS ACT - 3 years placed upon a claim For personal injury from the date at which the injured person should have known about the injury or in the case of a disease three years from the date of diagnosis.
What is a tort?
A TORT - is a wrongful act in civil law for which the perpetrator can be sued.