Element 1

Question 1

What are the reasons why we should practice good health and safety management?

Answer 1

Moral, Financial, Legal and Social reasons

Question 2

Why, on a moral basis should we practice good health and safety?

Answer 2

To provide a reasonable standard of care to reduce accident rates and industrial disease and I’ll health

Question 3

Why, on a financial basis should we practice good health and safety?

Answer 3

Poor HS management can lead to direct and indirect costs. Good HS management can lead to a motivated workforce and improved company image

Question 4

Why, on a social basis, should we practice good HS management?

Answer 4

There is a societal expectation of good standards or HS. There is also a duty of care under the HASAWA

Question 5

What are the two types of costs related to work accidents and ill health?

Answer 5

Direct and indirect costs

Question 6

What are direct costs?

Answer 6

Costs directly related to the accident.

Question 7

Give examples of insured direct costs

Answer 7

Claims on employers and public liability insurance. Damage to building and property. Production loss.

Question 8

Give examples of uninsured direct costs

Answer 8

Prosecution fines. Sick pay. Damage to property not related to accident. Increase in insurance premiums. Legal representation

Question 9

What are indirect costs?

Answer 9

Costs which may not be directly attributable to the accident

Question 10

Give examples of insured indirect costs

Answer 10

Cumulative business loss. Product or process liability claims. Recruitment of replacement staff

Question 11

Give examples of uninsured indirect costs

Answer 11

Loss of goodwill and company image. Remedial actions. Production delays. Overtime payments

Question 12

What is employers liability insurance?

Answer 12

A legal requirement for all employers. Covers the employers liability in the event of accidents and work related ill-health to employees and others who may be affected by their operations.

Question 13

What are the two types of law?

Answer 13

Criminal Law and Civil Law

Question 14

What are the two source of Law?

Answer 14

Common Law and Statute Law

Question 15

What is criminal law?

Answer 15

Enforced by the state. Individual is prosecuted by an Agency (HSE, Local Authority etc). Individuals are guilty or not guilty. Courts impose fines or imprisonment. Guilt has to be proven beyond all reasonable doubt. Cannot be insured against.

Question 16

What is civil law?

Answer 16

Disputes between two parties to address a civil wrongdoing (tort). A party is sued. Individuals are either liable or not liable. Courts can award compensation and costs. Proof is based in balance of probabilities.ELI

Question 17

What is common law?

Answer 17

Based on judgement made by judges in courts. Courts are usually bound by earlier judgements. Lower court follow judgement of higher courts. In HS, negligence, duty of care and terms like practicable and reasonable are based on commonas.

Question 18

What is statue law?

Answer 18

Law laid down by Acts of Parliament. HASAWA. Specific duties mainly in regulations or statutory instruments. Takes precedence over common law.

Question 19

Names some aspects of Civil Law

Answer 19

Employers common law duty of care. Negligence. Vicarious liability. Tort of breach of statutory duty.

Question 20

Each employer has a duty of care to each of his employees. The duty of care falls into five categories and the employer must provide. What are these?

Answer 20

A safe place of work. Safe plant and equipment. A safe system of work. Safe and competent fellow employees. Adequate levels of supervision, information, instruction and training.

Question 21

Define: Negligence

Answer 21

A lack of reasonable care or conduct resulting in injury, damage or loss. It must be reasonably foreseeable that the acts or omissions could result in injury.

Question 22

How can you prove negligence?

Answer 22

That a duty of care was owed. That there was a breach of this duty of care. That there was an injury as a result of this breach.

Question 23

How can you defend against negligence

Answer 23

Prove that a duty of care was not owed. That there was no breach of the duty of care. That any breach was not the reason for a specific injury disease or damage.

Question 24

What are some partial defences against negligence?

Answer 24

Contributory negligence, the employee contributed to the negligent act. Volenti non fit injuria, the risk was willingly accepted by the employee. Act of God.

Question 25

Define: Vicarious Liability

Answer 25

When the defendant is acting in the normal course of his/her employment during the alleged incident, the defence of the action is transferred to his/her employer.

Question 26

What are the barriers to good standards of health and safety?

Answer 26

Perception. New technology. Behaviour. Economic and commercial pressures.