1.2 THE FORCE OF LAW Flashcards
WHAT IS THE MAIN LEGISLATION RELEVANT TO HEALTH AND SAFETY
THE HEALTH AND SAFETY AT WORK ACT 1974
ABRIVATE - THE HEALTH AND SAFETY AT WORK ACT 1974
HASAWA
WHAT ARE THE TWO SOURCES OF LAW
LEGISLATION AND COMMON LAW
LEGISLATION IS WRITTEN LAW IN FORMS OF
ACTS (STATUTE LAW) AND REGULATIONS
COMMON LAW IS BASED ON
CASE LAW
WHAT LAW TAKES PRECEDENCE - STATUTE OR COMMON
STATUTE LAW
WHAT IS AN ACT OR ACT OF PARLIAMENT
A CREATION OF A NEW LAW OR AMENDING AN EXISTING LAW ON A GIVEN ISSUE
ARE ACTS AND REGULATIONS LAW
YES
WAHT DOES ACOPS MEAN
APPROVED CODES OF PRACTICE
WHAT ARE ACOPS
EXAMPLES OF GOOD PRACTICE THAT IS REQUIRED TO ACHIEVE COMPLIANCE WITH A REGLUATION
ARE ACOPS LAW
NO
WHAT ARE GUIDANCE NOTES
USUALLY PRODUCED BY THE HSE TO CONTAIN BEST TECHNICAL AND PRACTICAL ADVISE ON SPECIFIC HEALTH AND SAFETY ISSUES
WHAT IS ABSOLUTE DUTIES
AN EMPLOYER IS EXPECTED TO COMPLY FULLY WHATEVER THE COST.
WHAT ARE TWO WORDS THAT ARE USED FOR ABSOLUTE
MUST AND SHALL
WHAT ARE TWO QUALIFIED DUTIES
SO FAR AS IS PRACTICABLE
SO FAR AS REASONABLY PRACTICABLE
SO FAR AS IS PRACTICABLE EXTENT
LIMITED BY THE CURRENT STATE OF KNOW HOW, IRRESPECTIVE OF THE COST OR DIFFICULTLY
SO FAR AS REASONABLY PRACTICABLE EXTENT
EMPLOYERS TO BALANCE THE COSTS OF COMPLIANCE WITH THE DUTY AGAINST RISK - TIME, EFFORT AND MONERY
TWO TYPES OF LAW
COMMON AND CIVIL
WHO ENFORCES THE HASAWA
SECRETARY OF STATE AND THE HSE
WHAT IS A TORT
A CIVIL WRONG THAT CAUSES A CLAIMANT TO SUFFFER LOSS OR HARM, RESULTING IN LEGAL LIABILITY
WHAT DOES NEGLIGENCE MEAN
FAILING TO ACT IN A WAY A REASONABLE PERSON WOULD HAVE ACTED UNDER THE CIRCUMSTANCES
WHAT MUST A CLAIMANT ESTABLISH
OWED DUTY OF CARE
DUTY OF CARE WAS BREACHED
LOSS RESULTED FROM THE BREACH OF DUTY OF CARE
HOW CAN A DEFENCE DISPROVE NEGLIGENCE
DEFENDANT DID NOT OWE DUTY OF CARE
DUTY OF CARE WAS NOT BREACHED
TO LOSS OR INJURY FROM BREACH OF DUTY OF CARE
WHAT ARE THE MAIN FOUR ELEMENTS OF THE DUTY OF CARE THE EMPLOYER OWES EMPLOYEE
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
GIVE FIVE EXAMPLES OF EMPLOYEES THAT MAY BE AT A GREAT RISK.
HAVE DISABILITIES OR PHYSICAL OR MENTAL CONDITIONS
INEXPERIENCED
YOUNG
ARE, OR MIGHT BECOME PREGNANT
EXPERIENCING STRESS
