Unit 2 Flashcards
What are the reasons for an employer to consider Health & Safety?
Moral, legal & financial
What are the 3 elements that must be satisfied to prove negligence?
A duty of care must be owed
There must be a breach of duty
A personal loss must have occurred as a direct result
Outline the defences against a TORT of negligence cilvil claim
3 proofs of negligence give rise to defences:
No duty of care was owed
The duty of care was not breached
No injury or loss as a direct result of the accident occurred
Outline OTHER defences against a TORT of negligence cilvil claim
VOLENTI NON FIT INJURIA- Willing participant
Contributory negligence
Facts of the case are disputed
Describe the term DUTY OF CARE
A duty of care is defined as:
Reasonable care must be taken to avoid acts or omissions which with reasonable foresight you would know would be likely to incur your neighbour
NEIGHBOUR PRINCIPLE
Outline Civil Law TORT OF NEGLIGENCE
&
To demonstrate negligence a claimant must show:
A TORT is a civil wrong
Negligence is defined as:
A failure to take reasonable care where a duty to do so existed
A claimant must show:
A duty of care existed
The duty of care was breached
Injury or loss was suffered as a direct result
Outline the court structure for England, Ireland & Wales
Criminal Civil
Supreme Court
Court of Appeal
Crown Court High Court
Magistrates Court County Court
Give examples of INDIRECT COSTS associated with an accident
Loss of staff from productive duties
Poor morale
Remedial actions/ compliance with enforcement notices
Recruitment, training, retraining, retraining labour
Loss of customer goodwill/ damaged reputation
Penalty clauses
Damaged industrial relations
Give examples of DIRECT COSTS associated with an accident
First aid Sick pay/ rehabilitation costs Repairs/ replacement to equipment/ buildings etc. Lost production time Overtime making up for lost time Fines in criminal courts Increased insurance premiums
What are the reasons for managing health & safety in the workplace?
Moral- Responsibility to others
Financial- Bad safety is expensive
Legal- Laws that require compliance
Define:
HEALTH
SAFEY
WELFARE
HEALTH- An absence of illness or disease (chronic or acute)
SAFETY- An absence of risk that may cause serious personal injury
WELFARE- Access to basic facilities, e.g. toilets, hand washing, food prep etc.
What are the PQA’s that an HSE inspector should possess?
Technical knowledge & skills
Professional qualifications in the field
Knowledge of relevant standards, laws, regs etc.
Knowledge of strengths & weakness of measures used to solve problems
Outline the barriers to good standards of health & safety in the workplace
Complexity of workplace
Conflicting demands- profitability
Behavioural issues/ safety culture
Outline the EMPLOYERS DUTIES under common law
All employers MUST provide:
Safe place of work with safe access/ egress
Safe plant & equipment
Safe systems of work
Safe, competent workers
Appropriate supervision, information, training & instruction
Describe STATUTE LAW
Statute law is made by PARLIAMENT- ACTS, REGS & ORDERS
HSWA = Enabling act (primary leg)
REGS= delegated law (secondary)
Never used for claiming compensation in civil court
State can prosecute under ACTS, REGS & ORDERS
Outline:
ACOP
Guidelines
ACOPS’s describe HOW to COMPLY with the requirements of an ACT, REGULATION or ORDER
Guidelines give practical information- Best practice
Outline:
ACOP
Guidelines
ACOPS’s describe HOW to COMPLY with the requirements of an ACT, REGULATION or ORDER
Guidelines give practical information- Best practice
Employers must demonstrate that they followed the ACOP/ guideline or a more robust process
Outline the difference between CIVIL & CRIMINAL law
CIVIL: Used for claiming compensation
Brought by an individual
Must be brought within 3 years of accident
Heard in county/ high court
CRIMINAL: Used to punish
Brought by the state to right a wrong against society
No specified time limit
Heard in magistrates/ crown court
Outline the options available to an EMPLOYMENT TRIBUNAL when considering an ENFORCEMENT NOTICE APPEAL
The employment tribunal may:
Cancel the notice
Affirm the notice
Affirm and modify the notice
Emphasis is place upon SIMPLICITY & SPEED- Prelim hearing may be had to try to resolve dispute before full hearing
Outline the main grounds for an appeal against an enforcement notice
Wrong interpretation of law by HS inspector
HSE have exceeded their powers
Breach of law is admitted but remedy or timescale is not practicable or reasonably practicable
IMPROVEMENT- SUSPENDS the notice
PROHIBITION- REMAINS in place
Describe:
PROHIBITION notice
PROHIBITION
HSE thinks that a serious risk of injury exists
States that activity MUST stop until fixed
No timescale specified
HSE do not need to see a breach of H+S law
Served on person in control of the activity- often the employer
Appeal must be made within 21 days
Describe:
IMPROVEMENT notice
IMPROVEMENT
HSE thinks that law is breached/ will be breached/ repeated
No risk of serious personal injury exists
States what must be done to achieve minimum legal requirement
Not less than 21 days for improvements to be made
May reference ACOP
Served on person in charge of work activity or who is in breach
Appeals must be made within 21 days
What additional power is afforded under Section 25 of the HSWA1974?
To seize & render harmless (by destruction if necessary) any article or substance that gives rise to imminent danger or serious personal injury
(links to REG 8+( MHSWR 1999 regs)
Give the powers that HSE inspectors have under the HSWA 1974
Enter premises at a reasonable time
Take police if belief they will be obstructed
Take technical assistance/ equipment
Carry out examinations/ investigations
Direct items/ premises to be left undisturbed
Take photos/ measurements
Take sample/ articles/ atmospheric tests
Dismantle & test items/ take possession of substances, articles they think dangerous
Take witness statements. Interviewees MUST sign as true record
Inspect document & record documents considered relevant
Have access to reasonable facilities to assist in conducting investigation
ANY OHER POWER DEEMED NECESSARY in discharging their duties