Element 1 Flashcards
What is the status of HSWA 74?
Full legal status,
Is the principal piece of statute law regulating health and safety in workplaces
HWSA 74
Section 2 1
General duties of the employer towards his employees
HSWA 74
Section 2 2
Specific duties of the employer has to his employees
HSWA 74
Section 2 2a
To provide ‘as far as reasonably practicable’ Safe systems of work and Safe plant
HSWA 74
Section 2 2b
To provide ‘as far as is reasonable practicable’ Safe use, handling, storage and transport of articles and substances
HSWA 74
Section 2 2c
To provide ‘as far as is reasonable practicable’ information, instruction, training and supervision
HSWA 74
Section 2 2d
To provide ‘as far as is reasonable practicable’ Safe workplace, Safe across and egress to and from it
HSWA 74
Section 2 2e
To provide ‘as far as is reasonable practicable’ Safe working environment with adequate welfare facilities
HSWA 74
Section 2 3
Requires employers to prepare a written health and safety policy that includes, General Statement of Policy, Organisation and Arrangements
Policy must be brought to the attention of employees and a written policy is a legal requirement where employers has 5 or more employees
HSWA 74
Section 2 4
Concerns the appointment of safety representatives by recognised trade unions
HSWA 74
Section 2 6
Requires employers to consult with safety representatives
HSWA 74
Section 2 7
Requires employers to establish a safety committee
Define ‘as far as is reasonably practicable’
A duty holder must asses the degree of risk against the sacrifice involved in introducing control measures to eliminate/control risks
Measurement between risk - Cost, time and effort.
HSWA 74
What does ‘shall’ mean
An ‘absolute’ duty
HSWA 74
Section 3
Employers duty to non employees/ the public
HSWA 74
Section 4
Controller of premises
Duties of ‘landlords and property managers’
HSWA 74
Section 6
Details the duty of any person who Designs, Manufactures, Importers and Suppliers duties any articles or substance for use of work
HSWA 74
Section 7
Employees duty to take care of themselves and others who may be affected by their acts/omissions at work
HSWA 74
Section 8
No intentional or reckless misuse anything in the interests of health and safety or welfare
HSWA 74
Section 9
States employers cannot charge employees for things done to achieve legal compliance
PPE
HSWA 74
Section 36
Offences due to fault of others
HSWA 74
Section 37
Personal liability of directors and senior managementhz
Civil Law
What is ‘tort of negligence’?
A ‘tort’ is a civil wrong
Tort of negligence is the case that brought to civil court
Civil Law
How does a claimant demonstrate negligence in court?
Was a duty of care owed?
Was duty of care breached?
Was there injury/loss as a direct result due to breach?
