Health, Safety and Compliance Flashcards
What are criminal and civil law?
Criminal law: enforces code of conduct, punishment can be imposed when breached
Civil law: allows harmed individual to claim compensation
What are common and statute law?
Common law: developed by courts over time, based on previous opinions by judges/tribunals
Statute law: written law passed by the government, failure to comply is usually criminal offence
Who is responsible for ensuring compliance with health and safety regulations?
Employers
Employees
HSE
(aka everyone)
What can a HSE inspector do in response to a breach of regulations?
Verbal/written information/advice
Issue an improvement notice
Issue a prohibition notice
Prosecute in the criminal court
Assist police investigations when a death happens
What is an improvement notice?
Specific action needed to take place to comply with the law
Says what must be done, why and by when
Allowed minimum of 21 days for corrective action to place
What is a prohibition notice?
Notice forbidding activity immediately or after a specified time period
Work cannot continue until corrective action takes places
When can prosecution happen? What happens as a result of prosecution?
When the company fails to comply with an improvement or prohibition notice
Can carry a fine, imprisonment or both
