H&S Law Flashcards
Statute law
Legislation
Acts of Parliament
Criminal Law
Offence against State
Prosecutor Crow n prosecution service, HSE or local authorities
Fines or imprisonments
Burden of proof beyond reasonable doubt
Magistrate
Crown
C o Appeal - High court (queens bench)
Supreme Court
Civil law
Between individuals (or company)
Claimant seeking restitution
Compensation or a court order (injunction)
Burden of proof balance of probabilities
County court - Employment Tribunal
High Court (QBD) - employment appeal tribunal
Court of appeals
Supreme Court
Bill through Parliament
Green paper - statement of intent
White paper - statement of policy
1st reading - read out not debated
2nd reading - debated
Committee - close scrutiny
Report stage - once refined prepared for 3rd reading
3rd reading - final vote on bill
House of Lords - repeat above
Royal ascent - becomes law
Whistleblower protections
Whistle while you work 7 dwarves
Section 7 HSWA
“May be required to disclose to enforcing agency”
Regulation 14 MHSWR
“Notify employers of dangers”
Public interest disclosure act 98
Employee protected against detriment after disclosure
No upper limit to compensation if employee is unfairly dismissed
Meaning of Practicable
Case law
Technically feasible
Included in current knowledge
Higher standard than RP
Cost not taken into account
Case
Adsett vs K@L steelfounders and Engineers ltd 53
Extractor installed as soon as though of
COA favour of employer
Meaning of reasonably practicable
Case law
Balance of risk
Vs effort, time, trouble and cost
Grossly disproportionate then duty discharged
Edwards vs NCB 49
Section of road miner killed
RP to expect section of road to be supported
Judge in favour of claimant as risk was death
