1.4 Statute Law Flashcards
What legislation has been introduced under HASAWA?
The management of health and safety at work regulations
The control of substances hazardous to health regulations
The control of noise at work regulations
What is statute law?
Statute law consists of acts of parliament and set of legally enforceable regulations
Which EU bodies influence EU legislation and standards?
European Parliament
The Council
The Commission
Advisory Committees
European Court of Justice
What are the 3 levels of duty under statute law?
Absolute
As far as is practicable
So far as is reasonably possible (SFAIRP)
What is absolute duty?
Requirements must be met
What does as far as is practicable mean?
Action must be taken if it is technologically possible regardless of time, cost, effort and trouble
What does so far as is reasonably possible mean?
Employer is permitted to weigh up the risks of injury alongside the costs and resources required to control or prevent then
What are the objectives of HASAWA?
To protect people at work
To protect other people that may be affected
To control the keeping, use of explosive, highly flammable or dangerous substances
To control emissions
To maintain and improve standards of health and safety
What is Section 40 of HASAWA?
In proceeding for any offence consisting of a failure to comply with a requirement which is so far as is practicable or as is reasonably practicable, the onus is on the accused to prove that it was not practicable or reasonably practicable.
The accused must therefore show that he/she did all that was reasonably practicable as such in H&S cases he/she is guilty until proven innocent
