1.2 THE FORCE OF LAW Flashcards

1
Q

WHAT IS THE MAIN LEGISLATION RELEVANT TO HEALTH AND SAFETY

A

THE HEALTH AND SAFETY AT WORK ACT 1974

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2
Q

ABRIVATE - THE HEALTH AND SAFETY AT WORK ACT 1974

A

HASAWA

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3
Q

WHAT ARE THE TWO SOURCES OF LAW

A

LEGISLATION AND COMMON LAW

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4
Q

LEGISLATION IS WRITTEN LAW IN FORMS OF

A

ACTS (STATUTE LAW) AND REGULATIONS

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5
Q

COMMON LAW IS BASED ON

A

CASE LAW

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6
Q

WHAT LAW TAKES PRECEDENCE - STATUTE OR COMMON

A

STATUTE LAW

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7
Q

WHAT IS AN ACT OR ACT OF PARLIAMENT

A

A CREATION OF A NEW LAW OR AMENDING AN EXISTING LAW ON A GIVEN ISSUE

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8
Q

ARE ACTS AND REGULATIONS LAW

A

YES

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9
Q

WAHT DOES ACOPS MEAN

A

APPROVED CODES OF PRACTICE

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10
Q

WHAT ARE ACOPS

A

EXAMPLES OF GOOD PRACTICE THAT IS REQUIRED TO ACHIEVE COMPLIANCE WITH A REGLUATION

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11
Q

ARE ACOPS LAW

A

NO

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12
Q

WHAT ARE GUIDANCE NOTES

A

USUALLY PRODUCED BY THE HSE TO CONTAIN BEST TECHNICAL AND PRACTICAL ADVISE ON SPECIFIC HEALTH AND SAFETY ISSUES

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13
Q

WHAT IS ABSOLUTE DUTIES

A

AN EMPLOYER IS EXPECTED TO COMPLY FULLY WHATEVER THE COST.

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14
Q

WHAT ARE TWO WORDS THAT ARE USED FOR ABSOLUTE

A

MUST AND SHALL

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15
Q

WHAT ARE TWO QUALIFIED DUTIES

A

SO FAR AS IS PRACTICABLE
SO FAR AS REASONABLY PRACTICABLE

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16
Q

SO FAR AS IS PRACTICABLE EXTENT

A

LIMITED BY THE CURRENT STATE OF KNOW HOW, IRRESPECTIVE OF THE COST OR DIFFICULTLY

17
Q

SO FAR AS REASONABLY PRACTICABLE EXTENT

A

EMPLOYERS TO BALANCE THE COSTS OF COMPLIANCE WITH THE DUTY AGAINST RISK - TIME, EFFORT AND MONERY

18
Q

TWO TYPES OF LAW

A

COMMON AND CIVIL

19
Q

WHO ENFORCES THE HASAWA

A

SECRETARY OF STATE AND THE HSE

20
Q

WHAT IS A TORT

A

A CIVIL WRONG THAT CAUSES A CLAIMANT TO SUFFFER LOSS OR HARM, RESULTING IN LEGAL LIABILITY

21
Q

WHAT DOES NEGLIGENCE MEAN

A

FAILING TO ACT IN A WAY A REASONABLE PERSON WOULD HAVE ACTED UNDER THE CIRCUMSTANCES

22
Q

WHAT MUST A CLAIMANT ESTABLISH

A

OWED DUTY OF CARE
DUTY OF CARE WAS BREACHED
LOSS RESULTED FROM THE BREACH OF DUTY OF CARE

23
Q

HOW CAN A DEFENCE DISPROVE NEGLIGENCE

A

DEFENDANT DID NOT OWE DUTY OF CARE
DUTY OF CARE WAS NOT BREACHED
TO LOSS OR INJURY FROM BREACH OF DUTY OF CARE

24
Q

WHAT ARE THE MAIN FOUR ELEMENTS OF THE DUTY OF CARE THE EMPLOYER OWES EMPLOYEE

A

PROVISION AND MAINTENANCE OF A SAFE PLACE OF WORK
PROVISION AND MAINTENANCE OF A SAFE SYSTEM OF WORK
PROVISION AND MAINTENANCE OF SAFE PLANT AND APPLIANCES
PROVISION OF COMPETENT FELLOW EMPLOYEES

25
Q

GIVE FIVE EXAMPLES OF EMPLOYEES THAT MAY BE AT A GREAT RISK.

A

HAVE DISABILITIES OR PHYSICAL OR MENTAL CONDITIONS
INEXPERIENCED
YOUNG
ARE, OR MIGHT BECOME PREGNANT
EXPERIENCING STRESS