A2.1 Explain the sources and types of law in force in the UK relevant to health and safety

Question 1

What is common law?

Answer 1

Common (case) law originates from judicial decisions based on custom and practice. Case law is founded on the doctrine of judicial precedent.

Advantage: decisions are based on practical experience
Disadvantage: until a case comes before a judge, the law is uncertain

Question 2

What is statute law?

Answer 2

Statute law (legislation) written law produced at a national level through the parliamentary process.
Statutes supersede all other forms of law, and only parliament can make, modify, revoke or amend statutes.

Question 3

What is Prescriptive legislation? What is goal setting legislation?

Answer 3

Prescriptive legislation details specifically what the dutyholder should do in detailed terms

EG - PUWER regulations detail that guards and other protection devices are checked by a competent person at least once every four hours of use.

Goal-setting legislation specifies a broad objective to be achieved and leaves it to the dutyholder to decide the best way to achieve the goal
EG - reasonably practicable (health, safety at work act 1974)

Question 4

Advantages and disadvantages of prescriptive and goal setting legislation

Answer 4

Prescriptive
Advantages:
- requires little interpretation
- easier to enforce
- same standard is required for all
- interpretation does not require high level of expertise

Disadvantages:

• Inflexible
• may not be appropriate for the circumstances - too high/too low standard

Goal setting
Advantages:
- gives more flexibility in interpretation
- less likely to need revision
- can be related to actual risk in the workplace
- applies to a broad range of workplaces

Disadvantages:

• standard required might not be clear until guidance is published
• more difficult to enforce
• needs a higher level of interpretation
• will lead to differing standards due to differing interpretation

Question 5

What are the two types of law?

Answer 5

Criminal Law - Between a person and the state. the intent to impose punishment through a fine or imprisonment. largely dependent on parliament.

Must be proved beyond reasonable doubt that a person committed the offence.

Civil law
Between individuals, with one party initiating proceedings against another. The aim is for the claimant to seek restitution against the other. The remedy may be financial compensation (damages) or an injunction (court order) to prevent the defendant doing something.

Must be proved on the ‘balance of probabilities’.
Basically 51% or up.