A3 Criminal Law

Question 1

What is section 2(1) of the Health and safety at work act?

Answer 1

Section 2(1)

To ensure so far as reasonably Practicable the health safety and welfare of all his employees.

Question 2

What is section 2.2(a) of the Health and safety at work act?

Answer 2

Section 2.2(a) the provision and maintenance of plant and systems of work that are so far as reasonably Practicable safe and without risk to health.

Think A = A plant (line A)

Question 3

What is Section 2.2(b) of the Health and safety at work act?

Answer 3

Section 2.2(b) to ensure safety and absence of risk to health in connection with the use, handling, storage and transportation of articles and substances.

Think B =

Question 4

What is Section 2.2(c) of the Health and safety at work act?

Answer 4

Section 2.2(c) the provision of such information, instruction, training and supervision as is necessary.

Think C = Course

Question 5

What is Section 2.2(d) of the Health and safety at work act?

Answer 5

Section 2.2(d) to ensure that any place of work under the employers control is maintained in such a condition as to be safe and without risk to health, this includes means of access and egress from such place.

Think D = De exit

Question 6

What is Section 2.2(e) of the Health and safety at work act?

Answer 6

section 2.2(e) the environment must likewise be safe and adequate facilities and arrangements for welfare of persons employed must be provided.

Think E= employees environment

Question 7

What is Section 3 of the Health and safety at work act?

Answer 7

Section 3 Duties to persons other than employees.

A duty is placed on employers and self employed to make adequate safeguards to protect third parties.

This section covers (amongst others) contractors at work in an employers premises and children at school.

Question 8

What is Section 4 of the Health and safety at work act?

Answer 8

Section 4 - Duties of persons concerned with premises.

Section 4 imposes duties on controllers of premises used as a place of work. The duty is to ensure that premises etc are safe.

Question 9

What is Section 6 (1) of the Health and safety at work act?

Answer 9

Section 6 designers, manufacturers, importers and suppliers.

This section details duties on any person who designed, manufactures, imports or supplies any article or substance for use at work.

A) Ensure article is designed and constructed to be safe for use, maintenance and cleaning
B) Testing and examination for performance in fulfil part A
C) Provide Adequate information for use, cleaning and maintenance including disposal as well as necessary information for ensuring health
D) Necessary measures to provide revised information

Question 10

What is Section 7 of the Health and safety at work act?

Answer 10

Section 7 Employees Duties

This section states that it shall be the duty of every employee while at work to:

• take reasonable care for the health and safety of himself and of other persons who maybe affected by his acts or omissions at work.
• cooperate with employers to so far as necessary to enable them to meet the statutory duties imposed them.

Question 11

What is Section 8 of the Health and safety at work act?

Answer 11

Section 8 interference and misuse.

This section states that no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

Intentions must be proved to prosecute.

Question 12

What is Section 9 of the Health and safety at work act?

Answer 12

Section 9 no cost to employees

This section states that employers are not allowed to levy part or all of a charge for something required to allow the employer to meet his statutory obligations.

Question 13

Duty placed on employer under the management of Health and Safety at work regulations

Answer 13

R3- Make suitable and sufficient risk assessments
R4- Implement the principles of prevention
R5- Arrangements
R6- Occupational Health Arrangements
R7- Have access to competent health and safety assistance
R8- Establish procedures for serious and imminent danger
R9- Make suitable arrangements for contact with external services
R10- Provide comprehensible information to employees
R11- Cooperate with other employers who share the same work place
R12- Provide suitable information to visiting workers employers to allow them to meet compliance
R13- Provide adequate health and safety training for employees
R14- Employees duties
R15- Provide agency workers with information on necessary skills to do the job.
R16- New and expectant mother’s
R19- Protection for Young persons
R21- Provisions as to liability (can’t pass liability onto staff in place of company)

Question 14

HSWA Section 20 powers of an inspector

Answer 14

• access premises at any reasonable time or any time where they feel a dangerous state exists.
• take police with them
• make necessary examinations and investigations
• direct staff as required
• take photos, measurements, samples.
• retain samples, articles for examination or as evidence
• require statements from persons on or off site
• take copies of notes, documents
• exercise any other powers necessary to enforce relevant health safety laws

Question 15

Penalties from the magistrates court

Answer 15

• A fine
• Up to 6 months imprisonment
• both

Question 16

Penalties for crown court

Answer 16

*unlimited fines
*2 years imprisonment
*

Question 17

Improvement notice - Section 21

Answer 17

Improvement notice is served where there is a contravention of health and safety law is or has taken place and is likely to continue.

This contravention doesn’t have to be dangerous

Question 18

Prohibition notice - Section 22

Answer 18

Prohibition notices are served where there is the anticipation of danger, the activities present a risk of serious personal injury.

Question 19

Objectives of the HSWA

Answer 19

Secure the health safety and welfare of persons at work.
Protecting others from risks arising from work activities.
Controlling the use, handling and storage of explosives or dangerous substances.
Establishes the HSE

Question 20

Appeals against notices (Section 24)

Answer 20

Must be made to an employment tribunal within 21 days of issue of notice.

Reasons 
Wrong legal interpretation by inspector 
Inspector exceeded his powers 
Breach admitted but remedy not achievable 
Breach not significant

Question 21

Prima facie case

Answer 21

The bare bones of the case

That the defendant owed a duty of care
And the defendant was in breach of all the elements of the off

Question 22

Enforcement management model

Answer 22

The EMM is a system that helps inspectors to make enforcement decisions in line with HSEs policy statement EPS

Question 23

Purposes or regulatory enforcement

Answer 23

• Take action to do with serious risks
• Promote compliance
• Ensure those who break the law are held to account

Question 24

What is Section 6 of the Health and safety at work act?

Answer 24

Section 6 Duties of designers, manufacturers, importers and suppliers.
6-1 Duties a-d = safe design, testing, information and revised information
6-2 carry out necessary research to eliminate or minimise risk
6-3 Safe erection / installation
6-4 and 6-5 similar duties with respect to substances
6-6 Repeat testing

Question 25

HSWA section 37

Answer 25

Offences by body corporate

In effect allows senior management/ directors to be held individually liable for breaches in law

Need to prove
Consent = agreed to course of action
Connivance = knew of but turned a blind eye
Neglect = not knowing what he should be doing

Case law R v P - concerned with meaning of neglect and its differential from connivance and consent

Question 26

Corporate manslaughter

Answer 26

Must prove senior management gross breach of negligence

Unlimited fines
Publicity order - publicly disclose fines, etc from incidents
Remedial order - put right it’s failings

Question 27

Criminal law summary

Answer 27

• Crime was committed
• Prosecution by CPS or enforcing authority
• tried in criminal court
• Loss not necessary
• punishment for breach
• Guilt proven beyond all reasonable doubt
• can not be insured against

Question 28

HSE 41 Principles of regulatory enforcement activities

Answer 28

Proportionality of enforcement

Consistency of approach

Transparency

Targeted

Accountability