Element 1 - Foundations in Health and Safety Flashcards
Define Health
The absence of disease
Define Safety
The absence of risk or serious personal injury
Define Welfare
Access to adequate facilities that the worker needs for basic functions
What are the three barriers to good standards of Health and Safety?
- Complexity
- Conflicting Demands
- Behavioural issues
Give examples of Health issues (4)
- Lung cancer from the inhalation of asbestos.
- Psychological issues.
- Crushing to internal organs.
- Fractures.
Why may health and safety not be seen as a priority by the management of an organisation (3)
- Requirement to supply a product on time.
- Profit/ budget requirements.
- Job overun.
Why does an organisation have to manage health and safety (3)?
- Moral.
- Legal.
- Financial.
What are the Moral reason an organisation needs to manage health and safety (3)?
- Social unacceptable.
- Society expects good standards.
- Morally unacceptable to hurt somebody else.
What two types of financial repercussions are there?
- Indirect - costs which come indirectly as a result of the event.
- Direct - the measurable cost arising directly from an accident.
Give three societal expectations.
- Well designed equipment.
- Training Knowledge of legal standards.
- Media coverage.
Give examples of DIRECT costs (10)
- First Aid treatment.
- Employee sick pay.
- Remedial works.
- Damaged Products.
- Lost production times.
- Fines in the criminal courts.
- Fines in the civil courts.
- Increased insurance premiums.
- Overtime.
- Missed deadlines.
Give examples of INDIRECT costs (10).
- Loss of staff productivity.
- Loss of staff moral.
- Cost of remedial action.
- Compliance with enforcement notices.
- Cost of replacing/ training.
- Loss of reputation.
- Loss of client base.
- Liquidated damages.
- Fees for Intervention.
- Industrial action.
What insurance is compulsory for organisations to have and to what value?
Employers Liability with a minimum of £5 million Employers’ Liability (Compulsory Insurance) Act 1969
Give examples of uninsured losses (5)?
- Materials.
- Sick pay.
- Overtime.
- Damage to equipment.
- Policy excess
What are the two types of law that make up Health and Safety Regulation?
- Criminal.
- Civil.
What is Criminal law concerned with?
- Punishment of organisations and individuals who have broken the law
What is Civil Law concerned with?
Concerned with the compensation of people who have suffered from a work place injury or disease through no fault of their own
What are the two sources of law?
- Criminal - Statute law made by acts of Parliament.
- Civil - Common law set by precedent
Who enforces Statute Law?
- HSE.
- Environmental Health Agency.
- Local Authority.
What does the Corporate Manslaughter and Corporate Homicide Act 2007 enable courts to do?
- Enables Organisations to be prosecuted and fined for gross negligence.
What is the Civil legal system concerned with?
Concerned claims for compensation bought using the Tort of Negligence.
What three tests have to be met to prove a case of negligence?
- Duty of care owed to claimant.
- Duty of care was breached.
- Loss and suffering as a result of the breach
What is Vicarious Liability?
Means an employer can be held responsible for the negligence actions of his employees.
What are the main points of Criminal Law (6):
- Action is brought by the state.
- Intention is punishment.
- No statute of limitations.
- Insurance not available to pay the fine.
- Statute Law is used as the source of law.
- The burden of proof is beyond all reasonable doubt.
What are the main points of Civil Law (6):
- Action is brought by the individual.
- The intention is compensation.
- Statue of limitation is three years.
- Insurance available to pay.
- Common Law used as the source of law.
- The burden of proof is the balance of probabilities.
What is statute law?
Laws made by Parliament and exist in the forms of Acts, Regulations and Orders.
What is Common Law?
Common law is made by judges through precedents that they set. This in effect is the law of the land through custom and practice.
The HASAWA 1974 is known as what?
HASAWA 1974 is and enabling Act. This paved the way for Regulations, known as secondary legislation.
What is an Approved Code of Practice (ACoP)?
An explanation on how to achieve the legal minimum standard required by the law. ACoP’s have special legal status (quasi legal)
Explain Guidance?
Manual Handling Operations Regulations 1992. Guidance has no legal status. Guidance sets out best practice and is often published by the HSE
What are the employers Common Law duties (5)? Wilson and Clyde Coal vs. English (1939)
- A safe place to work with a safe access to and from it.
- Safe plant.
- A safe system for doing the work.
- Safe and competent workers.
- Appropriate supervision, information, instruction and training.
This formed the basis of the Health and Safety at Work Act.
Can a case of negligence be brought again an individual?
Yes on the basis on Manslaughter due to gross negligence, this a common law offence.
What is the Criminal Court Structure in England?
- Magistrate.
- Crown Court.
- Court of Appeal (Criminal Division).
- Supreme Court.
What is the Civil Court structure in England?
- County court (up to £50k).
- High Court (over £50k).
- Court of Appeal (Civil Division).
- Supreme Court
What are the roles of the HSE (4)?
- Enforcement of HASAWA 1974 and associated law.
- Reviewing existing legislation and making recommendations for changes.
- Provide information and guidance.
- Conducting research.
Who are the main enforcing agents under the Regulatory Reform (Fire Safety) Order 2005 (2)?
- Fire and rescue authorities.
- Fire Safety Inspectors have the same powers as HSE inspectors.
Name other Enforcement Agencies (5)
- The Office of Rail and Road (ORR)
- Crown Prosecution Office (CPS)
- The Environment Agency. Environmental
- Health Officers (EHO’s)
- **Insurance Companies** can determine policy through premiums and investigations
What powers do HSE Inspectors have under Section 20 HSWA 1974 (12)?
- To enter premises at any reasonable time.
- Take along a police officer.
- Take along an expert.
- Carry out any necessary investigations.
- Take evidence.
- Conduct interviews under caution and not under caution.
- Prohibit the use of equipment.
- Take witness statements.
- Inspect documents.
- Take photographs, drawings, measurements.
- Any other power necessary to fulfil the duty of their enforcement authority.
- To seize and render harmless any article or substance that gives rise to the imminent danger of serious personal injury (Section 25).
What are the two types of enforcement notice issued by the HSE?
- Improvement Notice (Section 21).
- Prohibition Notice (Section 22).
What are the key points of an Improvement Notice (7)?
- Is issued where an inspector believes a breach has occurred and is likely to occur again.
- Will only be issue if the inspector DOES NOT think there is a risk of serious personal injury.
- Will state what improvements need to be made and when by, it cannot be less than 21 days.
- Notice will specify the changes to meet compliance.
- Normally served to the person in charge, normally the company.
- Appeal must be made within 21 days.
- Notice suspended is appealed.
List the key points of a Prohibition Notice (6).
- Prohibition notice issued when the inspector believes there is a serious risk of personal injury.
- The prohibition notice will state that the activity must be stopped until it has been fixed.
- No timescale is specified Inspector does not need to see a breach in Health and safety law.
- Served on the person in control, normally the employer.
- Can appeal within 21 days.
- Notice stays in force during appeal
What are the main grounds for appealing an enforcement notice (4)?
- There has been a wrong legal interpretation by the inspector.
- The inspector has exceeded their powers.
- A breach of the law is admitted but the remedy is not practicable or reasonably practicable.
- A breach of the law is admitted , but it is insignificant.
What will failure to comply with an enforcement notice will result in (2)?
- Magistrate court - six month jail and unlimited fine is extreme circumstances.
- Crown Court - 2 years jail and unlimited fine in extreme circumstances.
What is a material breach of HSE legislation?
When the inspector believed there has been a breach of Health and Safety Legislation which requires them to act.
What action can an HSE Inspector take (4)?
- Issue a notice of contravention (a none formal letter)
- Issue a Improvement Notice.
- Issue a Prohibition Notice.
- Start a prosecution.
A written notification must include what (3)?
- The law that the inspector believes was broken.
- The reasons for their opinion.
- Notification that the fee is payable to HSE.
What are the three types of Prosecutions?
- Summary Offences - tried by the Magistrates Court.
- Indictable Offences - tried by the Crown Court
- Triable Either Way Offences - can be tried one either court.
What are the penalties for each type of court, Magistrate and Crown?
- Magistrate court - six month jail and unlimited fine is extreme circumstances. Barred from being a director for 5 years.
- Crown Court - 2 years jail and unlimited fine in extreme circumstances. Barred from being a director for 15 years.