2.2 NDipA Absoule And Qualified Duties

Question 1

Absolute Duties

Answer 1

1. Highest Duty
2. SHALL - Must be met, without an consideration of what is reasonable in the circumstances
3. Stark Vs The Post Office 2000

The PO was held liable when a postman fell off his bike after his brake broke…
A system of inspection and maintenance was in place and had been used and there was no visible fault on the bicycle prior to the accident…
However under PUWER 1992 there is an
ABSOLUTE DUTY on the ER.

“Every employer SHALL ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is to be used or provided”

Question 2

Qualified Duties -

Practicable

Answer 2

There are 2 qualified duties Practicable and Reasonably Practicable…

1. ‘Practicable’ is the higher of the 2 Qualified duties
2. PRACTICABLE - if something is technically possible then it should be done “IN LIGHT OF CURRENT KNOWLEDGE AND INVENTION”
3. Adsett Vs KandL Steelfounders 1953

Adsett contracted pneumoconiosis in foundry from Silica Dust in the air when shovelling sands and compounds onto a conveyor belt

K and L Steelfounders installed extractor fans as soon as it was thought of… so the ER was found to have satisfied the ‘PRACTICABLE’ requirement

Question 3

Qualified Duties -

Reasonably Practicable

Answer 3

There are 2 qualified duties Practicable and Reasonably Practicable…

1. ‘Reasonably Practicable’ is the lesser of the 2 Qualified duties

2. REASONABLY PRACTICABLE - 
Balance of Probabilities 
RISK (Likelihood x Severity) 
against 
COST (time, trouble, effort, money, difficulty) 

3. Edwards Vs National Coal Board 1949

A miner was killed when a section of the road he was travelling subsided, this section contained no timber supports although other sections were properly supported…
The coal board argued that it was too much to expect them to shore up every mine tunnel…
The judge decided that they should have RA and shored up those that required it REASONABLY PRACTICABLE

The size of the company or its financial resources are not a consideration in arriving at a decision