Engineering Managemant Flashcards
What is criminal law?
Prosecutions are almost always brought about by the state against individuals for breaches of criminal laws. The sanctions are a fine and/or prison and/or community service and obtaining a criminal record.
What is the burden of proof in criminal and civil
In criminal it is beyond reasonable doubt. In civil it is on the balance of probabilities.
What is the hierarchy of criminal and civil courts
Criminal: magistrates, crown, appeal, supreme.
Civil: small claims, county/high, appeal, supreme
What happens in court
Each side presents evidence in turn. Each side may cross examine. Then it’s either considered by jury who give verdict, then judge decides sentence or fine, or considered by judge who decide verdict and sanction.
What are the two sides in criminal court
Crown, represented by crown prosecution service and defendant
What are the two areas of civil law relating to safety
Negligence and nuisance
What is negligence
When an employer fails to observe their duty of care. It can be failing to do something a reasonable person would do, or to do something that a reasonable person would not.
What must the duty of care provide
Safe premises, safe systems of work, safe materials and equipment, safe machinery, competent personnel.
What is contributory negligence
The employee contributed to their injury
What is nuisance
When an occupier of land that has something dangerous in escapes and causes damage. The law applies whether or not there was any negligence.
What is civil law?
The litigation is between individuals, the injured party (claimant) and the individual alleged to have caused the injury (defendant). The state plays no part. The legal costs have to paid by the losing side.
What can inspectors employed by the HSE do
They have right of entry into premises at all reasonable times without prior notice. And on finding breaches of regulations, the inspector can issue an improvement notice, issue a prohibition notice, seizure of the dangerous machinery or prosecution. More than one option can be used at once.
What are the COSHH regulations
Set of regulations that cover all substances hazardous to health. Only lead, asbestos and ionising radiation are exempt.
What three sections are COSHH split into
General, carcinogens, biological agents
What do the COSHH regulations demand
The suppliers of potentially hazardous substances provide a safety data sheet. And that employers prepare written plans of work to ensure safe use of substances. The written plan evaluates the risk and then decide what actions are needed to reduce risk
What are the principle sections of the management of the health and safety at work regulations
Risk assessment, health and safety arrangements, health surveillance health and safety assistance, procedures for danger areas, information for employees, co-operation and co-ordination, capabilities and training, employees duties.