HSWA Flashcards
Section 2(1)
Case
To ensure so far as reasonably practicable HSW of all employees
Definition of Res Practicable
Edwards vs NCB 49
Collapsed bridge
Section 2(2) Part A
A Plant
Maintenance of plant and systems of work
Section 2(2) Part B
Biohazard
Storage and transport of articles and substances
Section 2(2) Part C
Inc Case
Communication
Instruction, training and supervision
R vs Swan Hunter shipbuilders 82
Ship fire oxygen hose
Section 2(2) Part D
Doors
Place of work is in safe condition includes access and egress
Section 2(2) Part E
Environment
Facilities and welfare
Section 2(3)
Safety Policy
5 or more employees
Specifies how each individual complies with the Act
Section 3
Inc Case
3rd Parties
Ensure not exposed to risk
Provide info
(R v Swan Hunter Shipbuilding) 82
Ship fire oxygen hose
R v Porter 08
boy fell down steps
Section 4
Floor
The premises
Premises used by non employees
Select management Ltd v Westminster Council 84
Section 6
Click
Supply Chain
Designers, Manufacturers, Importers, Suppliers
Design, Constructions, tested, examined, adequate info,
Includes substances don’t pose any health risks
Section 7
Lucky number 7
Employees lucky to have job
Someone under contract of employment
Take reasonable care of Themselves
Section 8
Gate - Horsing around
Interfered or misuse
Intentionally or recklessly misuse anything for H&S
Section 9
Nein
No cost to employees safety gear
Section 20
Powers a Plenty Powers of inspectors Any time perceived danger turn up and enter Examine and investigate Enforce H&S law Take samples
Section 33
Enter a Plea
Breaches of H&S
Mag Court
Fine, 6 months, or both
Conviction or indictment
Crown court
Fine, 2 years, both
£200 a day fine for none compliance of improvement/prohibition notice
Section 21-24
Age 21-24
Improve and prohibit
Notices, deferrals and appeals
Section 40
Naughty 40
Prove not been naughty
Prosecution must prove defendant breached the act
Defendant must then prove on balance of probabilities not practicable/Res Pract or no better means.
