H&S Task 3

Question 1

What is the HSE?

Answer 1

The Health and Safety Executive (HSE) is the national independent watchdog for work-related health, safety and illness. It acts in the public interest to reduce work-related death and serious injury across Great Britain’s workplaces.
An executive non-departmental public body.
Sponsored by the Department for Work and Pensions.

Question 2

What does HSE state H&S is all about?

Answer 2

‘At the Health and Safety Executive, we believe that everyone has the right to come home safe and well from their job. That’s why our mission is to prevent work-related death, injury and ill health.’

Question 3

Why manage H&S?

Answer 3

Moral.
– Doing the right thing as a responsible employer / employee.
– Learn from incidents – review and improve risk assessments.
Financial.
– Claims against employer usually fewer.
– Insurance premiums lower.
– Costs of an accident are high with known and hidden costs.
Legal.
– Health and Safety at Work Act 1974.
– Management of Health and Safety at Work Regulations 1999.
– Reporting of Incidents, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 (2013).
Professional.
– Duty of care set out by regulatory body (RCVS).
– Unsafe working practices may result in claims of clinical negligence if patients are affected.
– Within the RCVS practice standards scheme, H+S is a component part and will be impacted along with other aspects.

Question 4

1. What is criminal law?
2. What is initially presumed of the accused?
3. Hearings for these cases.
4. In the case of successful prosecution…
5. Should someone break a statutory law…

Answer 4

1. Covers crimes (more major) or offences (minor acts of law breaking).
2. Accused is initially presumed innocent and the prosecution must prove guilt beyond reasonable doubt.
3. Cases heard at Crown Court before a judge and jury.
4. Successful prosecution leads to a fine or imprisonment and a criminal record for defendant.
5. Burden of proof is on the prosecution.
   –> Defendant must demonstrate that they did what was required – action was reasonably practical and/or there were unforeseen circumstances leading to the situation that occurred.

Question 5

1. What is civil law?
2. Case hearings?
3. What is the aim of the claimant?
4. Who holds the burden of proof?

Answer 5

1. Involves disputes between individuals.
2. Country Court usually in front of a magistrate but more serious may go to High Court.
3. To be compensated for the wrong that has been seen to be done.
4. the claimant (victim).

Question 6

1. What prosecution would be brought from a death in the workplace?
2. How is a means of accountability created for deaths caused by very serious management failings?

Answer 6

1. Manslaughter or murder.
2. The Corporate Manslaughter and Corporate Homicide Act 2007.

Question 7

Practicable