Health and Safety 3 Flashcards
What is the HSE organisation?
Health and Safety Executive, 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 GB workplaces.
executive non-departmental public body
What is HSE sponsored by?
Department for Work and Pensions
What is health and safety all about?
everyone has a right to come home safe and well from their job. Prevent work-related death, injury and ill health.
Why we should manage H&S?
Moral
financial
professional
legal
What are the Moral reasons for managing H&S?
- right thing as a responsible employer or employee
- learn from incidents: review and improve risk assessments
What are the financial reasons for managing H&S?
Claims against the employer are usually fewer
insurance premiums
costs of an accident are high
What are the legal reasons for managing H&S?
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)
Lots more
What are the professional reasons for H&S?
duty of care set out by our regulatory body
unsafe working practices may result in claims of clinical negligence if patients are affected
within the RCVS practice standards scheme, H and S is a component parts and will be inspected
What are the two types of law you need to be aware of?
criminal and civil law
Whats’ the difference between criminal law and civil law?
Criminal law: covers crime or offences (acts of breaking the law)
Civil law: disputes between individuals
What is Criminal Law?
crimes and offences
accused is initially presumed innocent until the prosecution proves guilt beyond reasonable doubt
crown court with judge and jury
fine, imprisonment and criminal record
What is Statutory law
In statutory law= the burden of proof is on the prosecution. The defendant needs to demonstrate they did what was required.
what they did was reasonably practical and there were unforeseen circumstances that lead to the situation.
What is civil law
Disputes between individuals.
the county court in front of a magistrate, and some cases go to the high court, if severe
claimant= looking for compensation
burden of proof is with the claimant
What happens if someone is killed at work?
prosecuted as manslaughter or murder
someone criminally responsible for a death at work?
if an individual is responsible then yes, could be corporate manslaughter or corporate homicide (act 2007) when serious management failures happen.
company in breach of ‘Duty of Care’
What is the legal offence and who could be prosecuted?
manslaughter or murder
sometimes an individual is to blame, criminal laws apply.
What is strict liability?
absolute duty: must and shall
must control risk in the workplace.
What is practicable?
- if it can be done, it will be done
- implies that no option but to comply
- will lead to prosecution if not done
- some degree of reason may be considered as well as ‘custom and practice’
What is reasonably Practicable?
- balanced analysis of cost/ benefit
- best under the circumstances
Do Practicable and reasonably practicable need to be written down?
Yes! paper or electronically.
How do we know what is against the law?
- Strict liability
- Practicable and Reasonably Practicable
What does ACOPs stand for?
Approved Codes of Practice