Element 1 - Foundations in H & S Flashcards
Foundations in H & S
Occupational Health
promotion and maintenance of highest degree of physical, mental and social wellbeing of workers in all occupations
Occupational Hygiene
prevention of ill-health from work, through recognizing, evaluating and controlling the risks.
Public Health
science and art of preventing disease, prolonging life and promoting health through organised efforts of society
Ergonomics
understanding of interactions among humans and other elements of a system. Design to optimize human well being and system performance
Health
state of complete physical, mental and social well-being, not merely absence of disease or infirmity
Occupational Psychology
performance of people at work, how organisations function
Barriers to H and S
Perception of minimal risk
Evolving technology
lesser enforcement in developing nations
less tangible issues of behaviour and organisational pyschology
Economic climate and commercial pressures
3 reasons for promoting good standards of H and S
Moral
Legal
Financial
Most common cause of injury
Slips, Trips and Falls and falls from height
Moral
It’s the right thing to do
Societal Expectation i.e. public expectation rises over time.
Importance of reputation
Financial
Uninsured costs approx 10x the insurance premiums paid
Costs of an work related ill health
5 main areas
Sick pay Insurance premiums Production disturbance Admin Investigations and prosecutions
10 Uninsured costs
Lost time Overtime Sick pay Production delays Fines Loss of contracts Legal costs Investigation time Excess on insurance claims Reputation
Insurance companies influence standards of H and S in 5 ways
Affordable premiums dependent on good standards of safety management.
Insurers undertake liability surveys to detemine potential exposure - generates useful guidance
Insurance Co surveyors undertake statutory examination of high risk plant e.g. lifting gear, pressure vessels. Failings reported to authorities
Insurers policy on claims settlement
ABI publishes guidance on safety management
Influence of Europe
EU regulations - apply directly and immediately to all member states, no requirement to enact domestic law.
EU Directives - main source of European H and S law. A directive places binding requirement on all member states within a specified timescale, usually 3 years.
Article 114
Harmonisation of product standards to ensure the free movement of goods within EU
Article 153
Improvement of working conditions to common standard to aid movement of workers with EU. Directives have addressed:
Working environment standards
Working conditions
Information for and consultation with workers
Reintegration of persons excluded from labour market
Equality between men and women
Two branches of law
- Criminal Law - if minimum legal standards not met authority may prosecute in criminal court
- Civil Law - if individual suffers loss the victim (or dependents) may sue for damages.
Two sources of law
- Common Law - historically meant law that was not local but common to all England. Means law that is not the result of legislation. Court decisions establish law through precedents
- Statute Law - made by Parliament as an Act of Parliament, or a statutory instrument (e.g. regulations) under powers within an Act of Parliament
Statute law takes priority.
Civil Law
Tort e.g. negligence Civil wrong Wrong to an individual Action taken by injured party Heard in civil court Detemines liability A loss is necessary for action Seeks compensation for loss Liability proved on balance of probabilities Can be insured against
Criminal Law
Crime e.g. breach of HASAWA Criminal offence Offence against society Action taken by authority/CPS Criminal Court Determines guilt Loss not necessary Seeks to punish for breach of law Guilt proven beyond all reasonable doubt Cannot be insured against
Requirement for civil case
Duty Owed (duty of care)
Duty breached
Breach lead to loss
Court Structure
See picture on page 36
Magistrates Court
Summary trial
means no comittal and no jury. Usually before a bench of 3 magistrates
Crown Court
Indictment
first stage is commital (dealt with by magistrates) to determine if there is a case to answer.
If it proceeds it goes to crown court with judge and jury
Employment Tribunals
Can be criminal e.g.appeals against prohibiton notices or civil e.g. appeals for unfair dismissal, appeals on behalf of trade union safety reps
Desicions are legally binding
County Court
Most civil claims go through this route.
High Court
Hears appeals from County Court.
Queens Bench Division has jurisdiction for all common law civil action
Civil Law if injured at work
May seek compensation under tort of negligence or tort of breach of statutory duty
Negligence
Careless conduct injuring another, or
breach of the common law duty of care
Duty of Care
Requirements for duty of care to be held
- Forseeability of the damage i.e. whether reasonable person would foresee
- Sufficiently proximate relationship i.e. neighbour relationship
- Must be fair and reasonable to impose such a duty
Examples of neighbour relationship
Employer to employee
Employer to contractor and contractors employees
Occupier to authorised visitors
Wilson’s and Clyde Coal Co v English 1938
Duty of care cannot be delegated to supervisor Employers must provide: Safe place of work and equipment Safe systems of work Competent co-workers
Defences against claims of negligence
No duty of care
Duty of care not breached (defendant had taken reasonable care, loss not forseeable)
Breach of duty did not cause injury
Injury sole fault of employee or 3rd party.
Time limit exceeded
Volenti non fit injuria
To a willing person no injury is done
Generally courts unwilling to accept this defence
Tort of Breach of Statutory Duty (TBSD)
Alternative to negligence is breach of relevant statute, more specific than negligence
A case cannot be brought under TBSD unless the statute allows it e.g. TBSD generally not allowed except for expectant mothers under HASAWA reg 16, 16A, 17 or 17A
4 Conditions to be met for Breach of Statutory Duty
Statute must apply to claimant
Statute designed to prevent the type of injury incurred
Statute breached
Injury caused by breach
Double-barrelled action
Sue under negligence and TBSD. If successful in both only one compensation paid
Contributory Negligence
Claimant’s own carelessness contributes to injury. Damages reduced. Does not provide a full defence against negligence
Vicarious Liability
Legal liability imposed on one person making them liable for acts of another e.g. employer is nearly always liable.
Limitations Act 1980
3 years for date of harm or diagnosis, unless
Mental disability - extended until capacity has returned
Minors - starts on 18th birthday
Employers Liability Insurance
Requires most employers to have at least £5m of cover
Exceptions: business with no employees, family businesses, local authority, NHS trust etc
Civil Procedures Rules
Cards on table approach: More pre-action contact Better, earlier exchange of info Better pre-action investigation To enable cases to be settled fairly and early without litigation Run efficiently to court timatable
Pre-Action Protocol for Personal Injury Claims
Early notification - as soon as know a claim is likely but before detailed letter of claim
Letter of Claim - enough info for defendant to assess liability and likely size of claim
Disclosure of Documents
Alternative Dispute Resoltion (ADR)
Protocol for EL Personal Injury
Claim notification form (CNF) -to insurer and defendent Only CNF to defendent
Response - electonic acknowledgemt day after receipt
Response - liability decision with 30 business days
Documents - reports etc
Admission of liabilty - bound by claims up to £25K
