Element1 Flashcards
Outline difference between civil law & criminal law
Civil law
*Deals with civil wrongs like negligence to an individual
*action is taken by an individual when there is a loss / injury
*the case is heard in a civil court and will determine liability
*liability is proved on the balance of probabilities
Criminal law deals with crime like a breach of hasawa
Action is taken by enforcement authority or cps
The case is held in a criminal court and determines guilt
Guilt has to be proved beyond all reasonable doubt
Explain the meaning of the phrase so far is reasonably practicable
Reasonably Practicable requires the degree of risk (likelihood x severity) of a particular activity or environment to be balanced against a costs (time,trouble,physical difficulty) of taking measures to avoid the risk
State the general and specific duties of employers under section 2 of the h&s at work 1974
Every employer has to ensure, so far is reasonably practicable, the health,safety and welfare of all his employees
The provision and maintenance of plant and systems of work that are safe and without risks of health
The employer has an absolute duty to prepare and revise a written general policy with respect to the health & safety at work of his employees, the organisation and arrangements in force to carry out the policy
Recognise trade unions to appoint h&s rep to represent employees
Employer has absolute duty to consult h&s rep
Duty of employer , if requested by safety rep, establish safety committee
What are the moral & financial drivers for h&s management
Moral - what is right or wrong
Legal - prevention , punishment , compensation
Financial - insured & uninsured costs
Reputation
Meeting standards
Health & safety at work act 1974
Section 2
1 general duties -
every employer has to ensure, so far as is reasonably practicable , the health, safety and welfare at work of all his employees
Section 2
3 policy - what does the employer need to do
The employer has an absolute duty (must) to prepare and revise a written statement of his general policy with respect to health and safety at work of his employees and the organisation and arrangements in force to carry out the policy
Health and safety at work act 1974
Section 3
Duties of employers and self employed to others.
Section 3 is for example visitors , contractors, public
Non employees
Health and safety at work act 1974
Section 4
Duty of person in control of premises for health and safety of non employees
For example landlord
Has no employees of their own on site
Has a duty to ensure health and safety of non employees who use the premises
Health and safety at work act 1974
Section 6
Duties of designers, manufacturers , importers, suppliers, and installers
Duty to ensure:
That the article/substance is safe and without risks to health and safety when used properly
Any necessary research and testing is properly undertaken
Adequate information is provided to ensure the safe use
Provide, as is reasonably practicable , further information if serious risk become known
Health and safety at work act 1974
Section 7
General duties of employees
To take reasonable care for health and safety of himself and of other people who may be affected by his acts or omissions at work
To co-operate with his employer so far as is necessary to enable the employer to comply with his own duties
Health and safety at work act 1974
Section 36
Offences due to fault of another person?
person A may commit and offence because of an act or default of another person B, then person B might be charged and convicted of the offence as well as, or instead of person A
Affair example a company taking advice from a consultant but the consultant has not given the correct advice
Health and safe at work act 1974
Section 37
Offences by a body corporate
Where an offence committed by a body corporate is proved to have been committed with the consent, connivance or neglect of any directors, managers, secretary or similar officer, the director may also be charged and convicted of the offence.
The management of health and safety at work regulations 1999
Regulation 3 - what is it
Regulation 3
Risk assessment
Places an absolute duty on the employer (or self employed person) to make sure a suitable and sufficient health and safety risk assessment of the risks that:
Employees are exposed to at work
Persons not in his employment are exposed to , arising out of or in connection with the work
It also requires that;
A specific risk assessment of the risks for young persons
Review and revision of risk assessments when there are significant changes in the work place or there are grounds that the risk assessment is no longer valid
Employers with 5 or more employe are to keep a record of the significant findings of risk assessments
When referring to this ref point out it is a legal requirement and state reg 3
Health and safety management regs
Regulation4
Principles of prevention to be applied
1) avoid risk
2) evaluate the risks which cannot be avoided
3) adapt the work to the individual, especially regarding work place design , choice of equipment
4) adapting to technical progress
5) replacing the dangerous with the non dangerous or less dangerous
6) developing a coherent overall protection policy which covers technology, organisation of work, work conditions, social relationships and any influencing factors
Health & safety management regs
Regulation 5
This is the management system
Having conducted risk assessments (reg 3) and introduced the risk control measurements the employer is required to implement appropriate management controls to ensure the effective planning, organisation, control , monitoring, and review of the preventive and protective measures
