Hse Flashcards
- Principle of proportionality: ensures enforcement action is relative to the level of risk.
Those whom the law protects and those on whom it places duty expect action that is fair and that compliance is proportionate to the risk to health and safety or seriousness of breach or potential harm arising from a breach of the law.
- Principle of targeting: ensures that enforcement action is targeted on projects whose activities more often than not give rise to the most serious risks or where the hazards are least well controlled.
Targeting also ensures that actions by the HSE are directed towards duty holders in positions of responsibility who are after all, best placed to eliminate or control risks.
UNIVERSITY of
Principles of consistency of af
GREENWICH
. Principle of consistency of approa taking a similar approach in similar circumstances to achieve best safety outcomes. This does not imply establishir
‘uniformity’.
uniformity’
Construction projects are inherently varied that ground conditions alone will dictate different approaches even for the same design concept.
Therefore some consistency in the way duties are executed by duty holders is to be expected rather than to attain-uniformity e.g. undertaking a risk assessment whatever the project!
What happens if the
Quantum of risk is very low?
In order to convince any law enforcement officer that this was the position taken, PROOF IN A FORM OF A WELL THOUGHT THROUGH
RISK ASSESSMENT Shall be demanded.
Legal liabilities under the act
Legal Liabilities under the Ac
• Unlimited fines
Remedial orders
• Public orders
• Disqualifications
• Asset seizure/freeze
• Parent company cannot hide behind a subsidiary
• Imprisonment
Any of the above can act a under a separate Statutor
CAR; RIDDOR,
What are public orders
What does the term mean? Publicity orders are a requirement to publish details of an offence. The order will normally specify what is to be published, where, when and, in the case of a public notice or advertisement, the size.
