Foundation In health & Safety Flashcards
Define health
Health relates to the physical condition, of both body and mind, of all people at the workplace (employees, contractors and visitors) and their protection from harm in the form of injury or disease.
Define Safety
Safety relates to the conditions at the workplace and applies to the pursuit of a state where the risk of harm has been eliminated or reduced to an acceptable level.
Define Welfare
Welfare relates to the general well-being of, primarily, employees at the workplace and the promotion of conditions which help to provide for their needs in respect of health, comfort, and social and personal well-being. This broader concept of welfare is not
a specific concern of health and safety at work, but effective health and safety measures may contribute to the conditions which promote it.
Three words why an organisation should manage H&S
• Moral (or humanitarian).
• Legal.
• Economic (or financial
Give examples of how society expectations can result in higher standards of Health & Safety
Legal cases indicate how requirements such as “safe place of work” change over the years and act as drivers for an increasing standard of health and safety in the workplace.
• Better staff may only work for employers with high standards of health and safety.
• Widespread access to the media ensures that standards of best practice in the workplace are well known by everyone and therefore establish the norm that people at work expect.
Direct costs cost that might arise from a work place accident
Direct costs: damaged product, repair or replacement of damaged equipment, worker sick pay, production downtime, first aid treatment costs, overtime.
Indirect cost that might arise from a work place accident
Indirect costs: low worker morale, damaged business reputation, high staff turnover and associated recruitment costs.
What is the legal status of regulations
Regulations are passed by parliament and are statutory instruments with full legal status.
What is the legal status of an Approved code of Practice (APoP)
ACoPs have special legal status and give guidance
on how to comply with the duties set out in HSWA and its associated regulations. They do not lay down legal requirements, but not complying with them may be taken as evidence that the law itself is not being complied with, unless it can be proved that compliance with the law has been achieved in some other way that is at least as effective.
What is the legal status of HSE guidance notes
The information contained in HSE guidance notes is purely advisory and has no legal status.
What is the difference between criminal and civil law in the remedy sought
The criminal law seeks to punish the wrongdoer (through fines or imprisonment) whilst the civil law seeks restitution for the wrong done, in the form of damages for losses suffered.
What is the difference between criminal and civil law in The burden and standard of proof
Under criminal law, it is for the prosecution to prove the case beyond all reasonable doubt, whereas under civil law it is for the claimant to prove their case on the balance of probabilities.
What is the difference between criminal and civil law in Who starts the legal action
Criminal actions are brought on behalf of the state. Civil actions are brought by the aggrieved person.
Explain the principle of judicial precedent
Judicial precedent requires that an inferior court must always follow the decisions of a higher court. Once a judgment has been made in a particular case, that decision will apply in any future cases which match the particular circumstances of the first. Cases which set precedents are invariably determined by the highest courts in the legal system (primarily, the Court of Appeal and the Supreme Court).
What is deligated legislation
Regulations (which have the full force of statute law) made under powers given to the Secretary of State (Government Ministers) by Act of Parliament (such as HSWA).
What are the common Law duties of employers
The common law duties of an employer are established by case law (principally Wilsons and Clyde Coal Co. Ltd v. English (1938) ). The employer has a common law duty to provide:
• A safe place of work with safe access to and from it. • Safe plant and equipment.
• A safe system for doing the work.
• Safe and competent workers.
• Appropriate supervision, information, instruction and training.
What is the difference between an Improvement Notice and a Prohibition Notice
Prohibition Notices are served in anticipation of danger (risk of serious personal injury) when an inspector is of the opinion that imminent danger exists or will be created in the future.
Improvement Notices are served where a contravention of health and safety law is taking place, or has taken place, and is likely to continue (but is not necessarily dangerous). Prohibition notices do not have timescales allocated, but Improvement notices do – a deadline is set by which the improvement must be made
Does an appeal against enforcement notice suspend the notice
For an Improvement Notice, an appeal has the effect of suspending the operation of the notice until the appeal is heard or withdrawn. For an appeal against a Prohibition Notice, the prohibition remains in force (unless the person appealing applies for the notice to be suspended and the tribunal gives permission).
What role do employment tribunals have in Health and Safety
Employment tribunals hear appeals against enforcement notices (they also hear appeals from safety representatives who feel that their rights have not been upheld by their employer).
What are the test of negligence
The three tests are:
• That the defendant was under a duty of care to the claimant (injured party).
• That the duty had been breached.
• That the claimant suffered damage as a direct result of
the breach.
What is the relationship of the Health & Safety regulations to the HSWA
HSWA is an enabling Act and describes only general duties. The detail of what these duties involve is provided by the various regulations. These regulations are made under the Act.
What are the two main enforcement agencies for Health & safety under HSWA in the UK
The Health and Safety Executive and the Local Authorities for low risk places of work such as hotels and offices
