1.3 The Legal Framework for Health and Safety Regulation

Question 1

There are two main sources of European legislation that can impact on health and safety regulation in the UK. These are:

Answer 1

Regulations

Directives

Question 2

The law is divided into two branches (or systems), they are:

Answer 2

Criminal law

Civil law

Question 3

The law is made in two different ways, i.e. there are two sources of law, they are:

Answer 3

Common law

Statute law

Question 4

Criminal Court Structure

Answer 4

The Supreme Court
The Court of Appeal
Crown Court
Magistrates Court

Question 5

Civil Court Structure

Answer 5

The Supreme Court
The Court of Appeal
High Court | County Court
Small Claims Court

Question 6

Negligence may be explained as

Answer 6

careless conduct injuring another

Question 7

For the injured party (claimant) to succeed in a negligence claim, he must prove three things. What are they?

Answer 7

(1) A duty of care was owed
(2) The duty of care was breached
(3) The breach led to the loss (injury, illness etc.)

Question 8

The three requirements that must be satisfied before a duty of care is held to exist are:

Answer 8

(a) foreseeability of the damage
(b) a sufficiently ‘proximate’ relationship
(c) it must be fair, just and reasonable to impose such a duty.

Question 9

Negligence is a ‘tort’ rather than a ‘crime’. There is another tort that an injured party may use to claim damages. What is it?

Answer 9

Tort of breach of statutory duty (TBSD)

Question 10

The Limitation Act 1980 sets a time limit for starting proceedings for claiming compensation for personal injury.

What is the time limit?

Answer 10

3 years

Question 11

The damages that can be recovered as a result of a successful personal injury claim fall into two categories:

Answer 11

General damages

Special damages

Question 12

What are ‘general’ damages –

Answer 12

actual and/or probable loss of future earnings, to be incurred after the case

Question 13

What are ‘special’ damages –

Answer 13

quantifiable losses incurred before the case, mainly loss of earnings and medical expenses.

Question 14

The Employers’ Liability (Compulsory Insurance) Act 1969 requires most employers to have how many £ of insurance cover ?

Answer 14

at least £5 million (most policies offer at least £10

million of cover)

Question 15

What is being described below:

a “cards on the table” approach with the following
objectives:

 more pre-action contact between the parties;
 better and earlier exchange of information;
 better pre-action investigation by both sides;
 to enable cases to be settled fairly and early without litigation;
 to enable proceedings to run efficiently to the court’s timetable if litigation is necessary

Answer 15

Pre-Action Protocol for Personal Injury Claims

Question 16

All authorised inspectors have the same powers, regardless of the area of enforcement. Inspectors can:

Answer 16

 enter any premises
 take a police constable with them
 take any other person authorised by their enforcing authority

 order that areas be left undisturbed;
 take measurements, photographs and
samples,
 carry out tests on, and/or confiscate articles and substances;
 inspect and take copies of relevant documents;
 seize any article or substance and have it made
harmless, by destruction if necessary:
 interview and take written statements

Question 17

Inspectors have a range of enforcement options, including: (4)

Answer 17

 Informal advice;
 Improvement Notice;
 Prohibition Notice;
 Prosecution.

Question 18

Less serious criminal cases (over 90% of the total) are sent for summary trial in one of over 400 magistrates’ courts. A summary trial means

Answer 18

no committal and no jury. The trial is usually before a bench of three magistrates who are “lay” persons
(i.e. not lawyers or judges).

Question 19

Serious criminal cases are tried on indictment, which is a document specifying the criminal charges, in the Crown Court (approx. 70 centres in England
and Wales).

The first stage of the process (committal) is dealt with by magistrates. The committal process determines…

Answer 19

whether there is a case to answer.

Question 20

What type of law is being described below:

if minimum legal standards are not met the enforcing authority may prosecute the offender

Answer 20

Criminal Law

Question 21

What type of law is being described below:

if an individual suffers loss (injury / ill-health or death) the victim, or his dependants, may sue for damages

Answer 21

Civil Law

Question 22

What type of law is being described below:

law that is not the result of legislation. Court
decisions establish law through a system of precedents

Answer 22

Common Law

Question 23

What type of law is being described below:

law made by Parliament as an Act of Parliament, or a statutory instrument (e.g. Regulations) made under powers within an Act of Parliament.

Answer 23

Statute Law

Question 24

There are three different levels of legal duty.

What are they?

Answer 24

Absolute

Practicable

Reasonably practicable

Question 25

FOUR common law duties that an employer must provide.

Answer 25

a safe place of work 
a safe working environment 
safe means of access and egress  
safe systems of work 
reasonably competent fellow employees