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NEBOSH DIPLOMA UNIT A > A8 PRINCIPLES OF HEALTH & SAFETY LAW > Flashcards

A8 PRINCIPLES OF HEALTH & SAFETY LAW Flashcards

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1
Q

8.1 SOURCES OF LAW

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2
Q

8.1 COMMON LAW: NATURE AND DEVELOPMENT, JUDUCUAL PRECENDENT

A

What established the common law duties of employers?

Principally Wilsons & Clyde Coal Company Ltd v English 1938.

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3
Q

8.1 STATUTE LAE: EUROPEAN DIRECTIVES AND REGULATIONS, UK ACTS OF PARLIAMENT AND REGULATIONS. PRESCRIPTIVE AND GOAL SETTING LEGISTLATION

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4
Q

8.1 TYPES OF LAW
CRIMINAL LAW: PURPOSE , SANCTIONS
BURDEN OF PROOF

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Remedy sought:
Criminal law:
Punishes through fines or imprisonment.

Criminal law:
Proved guilty beyond reasonable doubt.

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5
Q

8.1 TYPES OF LAW
CIVIL LAW: PURPOSE, TYPES OF REMEDY
BURDEN OF PROOF

A

Remedy sought:Civil law:
Seeks restitution for wrong done in the form of damages for losses suffered.

Civil law:
Determined on the balance of probabilities

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6
Q

8.2 ABSOLUTE AND QUALIFIES DUTIES
ABSOLUTE
CASE

A

Summers (John) & Sons v Frost 1955
Damaged thumb on unguarded grinding machine.

Mr frost was operating a power driven grinding machine when his thumb got trapped between the guard and the grinding wheel. The house of lords ruled breach of statutory duty as machine not guarded.
Details
• Frost injured whilst using grinding wheel
• Factories act imposed absolute duty to guard dangerous parts of machinery
Decision
• Breach of statutory duty
• The duty to provide fencing which absolutely prevented any part of any person coming into contact with dangerous parts
• Absolute must be done

Absolute duty - Breach of statute

Occurs when then risk of injury is so high that injury is inevitable unless safety precautions are taken

‘Must’ and ‘Shall’

It may still be defended using, for example, the argument that ‘all reasonable precautions all all due diligence’ were taken (only The Electricity at Work Regs and The Control of Substances Hazardous to Health Regs)

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7
Q

8.2 ABSOLUTE AND QUALIFIES DUTIES
PRACTICABLE
CASE

A

Adsett v K&L Steelfounders ltd 1953
Details
• Adsett contracted pneumoconiosis from silica dust whilst employed by the dependents
• The employers installed a dust extractor as soon as they thought of it/had knowledge of it after Adsett became ill
• Adsett claimed
• Claim failed as was not known at the time

Must be taken in the light of current knowledge/
technology

Employer must ensure, so far is reasonably practicable, that any control measure is maintained in an efficient state (if the duty is technically possible or feasible then it must be done, irrespective of any difficulty, inconvenience or cost)

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8
Q

8.2 ABSOLUTE AND QUALIFIES DUTIES
REASONABLY PRACTICABLE
CASE

A

Edwards v National Coal Board 1949
ine legislation required mine owners to take “reasonable practicable” steps to ensure all travelling roads in coal mine were safe.
A section of road roof gave way killing Mr Edwards.
NCB were found liable as cost of making safe was not great when compared to the risk.
(time, trouble or money)

Reasonable. Prac. – risk of accident weighed against measures necessary to eliminate the risk – absolute duty – must prove it was not reasonably practicable

If the risk of injury is very small compared to the cost, time and effort required to reduce the risk , then no action is necessary

It is important to note that money, time and trouble must ‘grossly outweigh’ not balance the risk

Clearly needs a risk assessment

‘suitable and sufficient’

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9
Q

8.3 ROLE OF THE EUROPEAN UNION

INFLUENCE AND ROLE OF THE EUROPEAN UNION

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10
Q

8.3 ROLE OF THE EUROPEAN UNION
ITS MAIN INSITUTIONS
HOW THEY AFFECT UK HEALTH AND SAFETY LEGISLATION

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11
Q 
8.3 ROLE OF THE EUROPEAN UNION
THE STATUS AND PROCEDURE FOR THE CREATION OF INSTRUMENT IN EU LAW
TREATIES
REGULATIONS
DIRECTIVES
DECISIONS
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12
Q

8.3
DIRECTIVES - ROLE OF PARLIAMENT, COUNCIL AND COMMISSION IN THE CO-DECISION PROCEDURE AND THE SIGNIFICANCE OF QUALIFIED MAJORITY VOTING. DISTINCTION BETWEEN DIRECTIVES MADE UNITER ARTICLE 95 AND ARTICLE 137 OF THE TREATY OF ROME. SOURCES OF INFORMATION ON PENDING EU LAW. UK LAW IN RESPONSE TO EU DIRECTIVES

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13
Q

8.3
THE ROLE OF THE EUROPEAN COURT OF JUSTICE *ECJ) AND PROCEDURE FOR REFERRING CASES: HOW DESICIONS OF THE ECJ AND ENFORCES THROUGH COURTS OF MEMBER STATES; EFFECT OF DECISIONS OF THE ECJ ON UK LAW

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14
Q

8.4 UK ACTS, REGULATIONS AND ORDERS

STATUS AND PROCEDURE FOR MAKING UK ACTS OF PARLIAMENT, REGULATIONS AND ORDERS

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15
Q

8.4

ACTS OF PARLIAMENT - THE FUNCTIONS OF GREEN AND WHITE PAPERS, PROGRESSIONOF A BILL THROUGH PARLIAMENT

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16
Q

8.4 REGULATIONS - PROCEDURE UNDER SECTION 15 OF THE HEALTH AND SAFETY AT WORK ETC ACT 1974 AND PERMISSIBLE SUBJECT MATTER OF REGULATIONS, ROLE OF THE SECRETARY OF STATE AND THE HASE IN MAKING REGULATIONS; THE VARIOUS STAGES OF CONSULTATION

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17
Q

8.4 THE USE OF SOCIO-TECHICAL COST BENEFIT ANALYSIS IN THE ECONOMIC ASSESSMEN OF PROPOSED LEGISLATIVE/REGULATORY CHANGE

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18
Q

8.5 STRUCTURE AND FUNCTION OF THE COURTS AND RELATED INSITUTIONS
FUNCTIONS, JURISDICTION AND POWERS OF:

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19
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

EMPLOYMENT TRIBUNALS

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20
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

MAGISTRATES COURTS

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21
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

COUNTY COURTS

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22
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

HIGH COURT

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23
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

CROWN COURT

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24
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

COURT OF APPEAL

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25
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

SUPREME COURT

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26
Q

8.5 FUNCTIONS, JURISDICTION AND POWERS OF:

EUROPEAN COURT OF JUSTICE

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27
Q

8.5 THE BASIC PROCEDURES FOR BRINGING PROSECUTIONS FOR BREACHES OF HEALTH AND SAFETY LEGISLATION AND FOR PURSUING CIVIL ACTIONS

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28
Q

8.5 THE ROLE OF EMPLOYMENT TRIBUNALS IN MATTERS OF HEALTH AND SAFETY

A

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29
Q

8.5 THE APPEALS SYSTEM: ROUTES AND GROUNDS OF APPEAL

A

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30
Q
  1. 6 PRINCIPLES OF THE LAW OF CONTRACT

- MEANING OF CONTRACT INCLUDING, WRITTEN, VERBAL, EXPRESS AND IMPLIED

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31
Q

8.6 PRINCIPLES OF THE LAW OF CONTRACT AND THEIR APPLICATION TO HEALTH AND SAFETY ISSUES: THE RELATIONSHIP BETWEEN PRODUCER AND VENDOR, VENDOR AND CONSUMER, CLIENT AND CONTRACTOR; EXCLUSION CLAUSES AND EFFECT OF THE UNFAIR CONTRACT OF TERMS ACT 1977

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32
Q

8.7 PRINCIPLES OF EMPLOYMENT AND DISCRIMINATION LAW

PURPOSE OF CONTRACT OF EMPLOYMENT

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33
Q
  1. 7 EMPLOYMENT LAW AS IT RELATES TO HEALTH AND SAFETY ISSUES IN CONNECTION WITH:
    - DISCIPLINARY PROCEDURES
    - FAIR AND UNFAIR DISMISSAL
    - AGE, SEX, RACE AND DISABILITY DISCRIMINATION
    - UNDERTAKING SAFETY ROLES AT WORK
    - DISCOLSURE OF WRONG DOING AT WORK
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34
Q

8.7 SITUATIONS WHERE IT IS LAWFUL TO DISRIMINATE AND PROTECTION FOR THOSE UNDERTAKING SAFETY ROLES AT WORK OR DISCOLSING WRONG DOING AT WORK WITH REFERENCE TO
-EMPLOYMENT RIGHTS ACT 1996
-TRADE UNION AND LABOUT RELATIONS (CONSOLIDATION) ACT 1992
-SEX DISCTIMINATION ACTS 1975 AND 1986
-RACE RELATIONS ACT 1976
DISABILITY DISCRIMINATION ACT 1995
THE EMPLOYMENT EQUALITY (AGE) REGULATIONS 2006
-PUBLIC INTREST DISCLOSURE ACT 1998

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35
Q

What is the difference between criminal and civil law in respect of: Remedy sought?

A

Criminal law:
Punishes through fines or imprisonment.

Civil law:
Seeks restitution for wrong done in the form of damages for losses suffered.

36
Q

What is the difference between criminal and civil law in respect of: Burden of proof?

A

Criminal law:
Proved guilty beyond reasonable doubt.

Civil law:
Determined on the balance of probabilities.

37
Q

What is the difference between criminal and civil law in respect of: Who starts action?

A

Criminal law:
Action started by state.

Civil law:
Action started by aggrieved person

38
Q

Explain the principal of judicial precedence.

A

Inferior court always follows decisions of higher court.

Once judgement has been made, that decision will apply to any future cases that match the circumstances of the first

39
Q

What is delegated legislation?

A

Regulations which have the full force of statute law.

Made under powers given to Goverment Ministers under Acts of Parliament such as HSWA.

NEBOSH DIPLOMA UNIT A (11 decks)

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