Element 1 Flashcards
Definition of Welfare
Access To Basic Facilities Such As Toilet Facilities
What is Common Law?
Made by Judges, through precedents that they set by decision making.
Eg: Wilsons and Clyde Coal Co. Ltd v English (1938)
What are the 3 main reasons why an organisation has to manage Health and Safety?
Moral, Economic & Legal
Definition of Safety
The Absence Of Risk Of Serious Personal Injury
Why have standards of Health & Safety improved over time?
A. Widespread access to knowledge, now ensures that anyone interested in Legal Standards or Best Practice, can find the relevant information.
B. Media coverage ensures that poor standards of Health & Safety are revealed.
C. People now take for granted, well designed and reliable equipment, a comfortable workplace, organised systems of work and high levels of training.
What are the 2 types of losses that an organisation may face?
A. Direct Costs
B. Indirect Costs
Give examples of Direct Costs?
First aid treatment
Employee sick pay
Repairs to, or replacement of, damaged equipment & buildings
Lost or damaged product
Lost production time whilst dealing with an injury
Overtime to make up for lost time
Costs associated with rehabilitating an employee
Fines in the criminal courts
Compensation payable to the victim….insurance premiums will go up
Give examples of Indirect Costs?
Loss of staff from productive duties due to investigate an incident, prepare reports, attend court proceedings, undertake hospital visits, deal with relatives, etc
Loss of staff morale - impacts on productivity & efficiency
Cost of remedial action - change of process or materials, introduction of further control measures
Compliance with any enforcement notice served
Cost of recruiting & training temporary or replacement labour
Loss of goodwill of customers - delays/fulfilling orders
Activation of Penalty Clauses for failing to meet delivery dates
Damage to public image & reputation
Damage to Industrial Relations - Industrial Action/Strikes
What 2 types of law create the framework for the regulation of Health & Safety?
Criminal Law
Civil Law
What is the maximum punishment that a Magistrates court can enforce?
£20,000 fine and/or 6 months imprisonment
What is the purpose of Criminal Law?
Punishing Companies or Individuals who have broken statute Health & Safety law
What is the purpose of Civil Law?
Compensating people who have been injured in work related accidents through no fault of their own
What are the 2 sources of law?
Statute & Common
What is the structure of the Criminal Courts?
Magistrates court, criminal division
Crown court, criminal division
Court of appeal
Supreme Court
What is Statute Law?
Made by parliament in the form of Acts & Regulations
What is the structure of the Civil courts?
County court, Civil division
High court, Civil division
Court of appeal
Supreme Court
What does Vicarious Liability mean?
The employer can be held liable for the negligent acts of his employees
How is “Harmonisation” achieved?
European Regulations
European Directives
What is the definition of European Regulations?
Statutory instruments that impose legal standards onto member states and take precedence over internal law
What is the definition of European Directives?
Statutory instruments that require member states to achieve a certain legal standard through their own internal legislation within a timescale
Who are the enforcing authorities in Criminal law?
The Health & Safety Executive (HSE) Local authorities Environmental Health Officers (EHOs) Environmental Protection Agency (EPA) Fire & Rescue authorities
What is the role of the HSE?
Enforcement of HWSA and associated law
Reviewing existing legislation and making recommendations for change
Providing information and guidance
Conducting research
Under section 20 of the HSWA 1974, what powers do inspectors have?
To enter premises at any reasonable time
To take along a police officer if they feel that they may be obstructed
To take along technical assistance or equipment if necessary
To carry out examinations and investigations
To take photographs, drawings and measurements
To take samples of articles, substances and the atmosphere
To take possession of articles/substances as evidence or testing
To take statements and interview persons
To inspect documents
To receive reasonable facilities & assistance in conducting investigations
Any other power necessary in or order to fulfil their duty
What is the definition of Negligence?
Simply defined as a failure to take reasonable care when a duty to do so existed