1.1 Moral, financial & legal reasons for H&S management Flashcards
1
Q
Give 3 examples of insured indirect costs of accidents and ill health.
A
- Cumulative buisness loss
- Product or process liability claims
- Recruitment of replacement staff
2
Q
What are the 3 reasons for promoting good standards in health and safety?
A
Moral, Financial & Social.
3
Q
Give 3 examples of insured direct costs of accidents & ill health.
A
- Claims on employers & public liability insurance.
- Damage to buildings, equipment, or vehicles.
- Any attributable production and/or general business loss.
4
Q
Give 6 examples of uninsured direct costs of accidents & ill health.
A
- Fines resulting from prosecution by the enforcement authority.
- Sick Pay.
- Some damage to the product, equipment, vehicles, process not directly attributable to the accident (e.g. caused by the replacement of staff)
- Increases in insurance premiums resulting from the accident.
- Any compensation not covered by the insurance policy due to an excess agreed between the employer and the insurance company.
- Legal representation following any compensation claim.
5
Q
Give 9 examples of uninsured indirect costs of accidents and ill health.
A
- Loss of goodwill and a poor corporate image.
- Accident Investigation time and any subsequent. remedial action required.
- Production delays.
- Extra overtime payments.
- Loss of time for other employees.
- The recruitment and training of replacement staff.
- Additional administration time incurred.
- First-aid provision and training.
- Lower employee morale, possibly leading to reduced productivity.
6
Q
What is employers’ liability compulsory insurance?
A
- Legal requirement for all employers
- Covers the employer’s liability in the event of an accident and work-related ill-health to employees and others who may be affected by their operations.
- Ensures that any employee who successfully sues his/her employer following an accident is assured of receiving compensation irrespective of the financial position of the employer
- Made available either by the display or electronically at each place of business
7
Q
What are the two sources of law?
A
Common-Law & Statute Law.
8
Q
What are the two sub-divisions/types of law?
A
Criminal Law & Civil Law.
9
Q
What is common law?
A
- Based on judgements made by the judges in courts.
- Generally, courts are bound by earlier judgements (Precedents).
- Lower courts follow judgements of higher courts.
- In H&S definitions of negligence, duties of care and terms such as ‘practicable’ and ‘reasonably practicable’ are based on common law judgements.
10
Q
What is Statute Law?
A
- Law laid down by acts of parliament
- HASAWA 1974
- Specific duties mainly in regulations or statutory instruments.
- Takes precedence over the common law.
11
Q
What is Criminal Law?
A
- Enforced by the state to punish individuals (and/or individuals)
- Individual is prosecuted by an agency if the state (E.G. police, HSE, local authorities, fire authority)
- Individual(s) guilty or not guilty.
- Courts can impose fines or imprisonment.
- Proof ‘beyond reasonable doubt’
- Cannot insure against punishment.
12
Q
What is Civil Law?
A
- Disputes between individuals (and/or organizations) to address a civil wrong (tort)
- Individual(s) and/or organizations are sued
- Courts can award compensation and costs.
- Proof based on ‘balance of probabilities).
- Employers must insure against civil actions (employers’ liability insurance.
13
Q
What is the role of the HSE?
A
- Advises on the development of regulations.
- Enforces H&S regulations.
- Provides information to organizations (ACOPs, guidance notes, leaflets and other publications, accident and ill-health statistics.
- Launches national H&S campaigns on specific topics.
- Undertakes accidents and other investigations
- Offers advice to employers and other statutory duties
- Takes enforcement action.
- Investigates criminal proceedings & publicizes organizations that receive enforcement notices.
14
Q
What are the powers of inspectors?
A
- Enter premises at any reasonable time, accompanied by a police officer, if necessary.
- Examine, investigate and require the premises to be left undisturbed.
- Access to all records and or other relevant documents
- Take samples, photographs and, if necessary, dismantle and remove equipment or substances.
- Seize, destroy or render harmless any substance or article.
- Take statements.
- Issue improvement & prohibition notices and, possibly, a formal caution.
- Initiate prosecutions.
15
Q
What is an improvement notice?
A
An improvement notice is issued for a specific breach of the law. Employers can appeal within 21 days to an employment tribunial - notice is suspended until the appeal is heard or withdrawn.
