IA2 Flashcards
Outline the purpose of international labor organisation codes of practice.(2)
- Contains practical recommendations for those responsible for health and safety and are intended as guides for public authority,employers and workers.
- They are not intended to replace laws and regulations and are not legally binding.
- Provides additional information in clear language and provides support for conventions adopted by the ILO.
Outline how international labor standards are created at the international labor conference.(5)
- the creation of an ILS is organised by ILO and is initially the subject of an agenda item at the ILO conference.
- The ILO prepares a report analysing the requirements of members laws which is circulated to all members.
- the item is discussed at conference and a further report is prepared together with a proposed draft of the standard.
- adoption needs two thirds majority of members of the conference.
- this is again put to conference,amended where necessary and then proposed for adoption.
Outline how the international labor organisation can influence health and safety standards in different countries. (6)
- the development of international labor standards through conventions supplemented by recommendations containing additional or more detailed provisions.
- the ratification of the conventions by member states which commits them to apply the terms of the convention in national law and practice.
- the requirement for member states to submit reports to the ILO detailing their compliance with the obligations of the conventions they have ratified.
- the provision of technical assistance to member states where there is seen to be necessary and indirectly through the pressure applied internationally on non- participating countries to adopt ILO standards.
- the initiation of representation and compliant procedures against countries they have ratified.
In relation to a binding contractual agreement.
Give the meaning of:
1) Express terms (2)
2) Implied terms (3)
Express terms are those specifically mentioned and agreed by all parties at the time the contract is made,they may take account of unusual circumstances but should not include unfair terms.
Implied terms are neither written in the contract nor specifically agreed,are open to interpretation and include terms such as matters of fact,matters of law and matters of custom and practice.In cases of dispute they may ultimately have to be determined by a court of law.
In relation to a new contract.
Outline the health and safety information which should be stated in the contract terms.(5)
In relation to a new contract,one might expect to find in the contract terms,reference to the provision of a safe working environment with safe means of access and egress and the provision of safe plant and equipment.
- reference should also be made to the need to draw up procedures to deal with any emergency that might occur,to provide information, training and supervision for the workforce and to ensure adequate welfare facilities were in place.
Outline the role of health and safety legislation in the workplace.(10)
The role of health and safety legislation in the workplace is to provide workers with the minimum standards of health and safety which,through employer compliance, prevents injuries and occupational illnesses.
It ensures the appointment of competent workplace inspectors and allows for penalties against those who are found to be breaking the laws.
Legislation can address any specific regional needs, may harmonize standards amongst countries,provides a civil route for obtaining compensation,even if no fault liability exists in certain countries, and is a demonstration of compliance with ILO conventions.
Prescriptive legislation provides specific advice and rules to follow,while the role of goal-setting legislation is to provide general advice and localised interpretation and ownership.
Outline the limitations of adopting a self-regulatory model. (4)
- there is no umbrella standard to strive for.
- all those involved in the organisation may not operate within the self- regulatory rules.
- possibility of difficulty arising in working with other companies or sites.
- no third party or independent auditing and as such the management system may not be valued as highly by stakeholders.
- issues may be missed and there is a danger that this would result in lower levels of compliance with a general lowering of standards.
- the model may not always fit local circumstances.
Outline the limitations of health and safety legislation in the workplace.(10)
The limitations of health and safety legislation are that in the case of prescriptive legislation it quickly becomes outdated,does not address social,technological or economic changes and often lacks detailed regulations to supplement its requirements,much of the legislation addresses industrial safety and not occupational health,many employers and workers are unfamiliar with the content of the legislation and this is not helped by the lack of involvement of employers,trade unions and workers in the process of standard setting.
There are often insufficient resources available for inspecting workplaces and enforcing the legislation and often the limited penalties awarded are not a sufficient deterrent for employers caught breaking the law.The interpretation of goal-setting legislation is variable and inconsistent.
Outline with examples,the benefits and limitations of:
1) Prescriptive legislation (5)
2) Goal-setting Legislation (5)
Prescriptive legislation.
#Benefits
- the requirements are clear and easy to apply
- provides a level playing field for all
- it’s not difficult to enforce
- does not require a high level of expertise
#Limitations
- its inflexible
- may be in appropriate in some circumstances by requiring too high or too low a standard
- does not take account of local risks
- may need frequent revision to keep up with technology and knowledge
- stifles innovation
Goal-setting legislation
#Benefits
- has more flexibility in the way compliance may be achieved.
- it’s related to actual risk
- can be applied to a wide variety of workplaces
- less likely to become outdated.
#Limitations
- may be open to wide interpretation until tested in court of law
- duties and standards may be unclear
- more difficult to enforce
- requires higher level of expertise to achieve compliance
In relation to improvement of health and safety within companies. Describe what is meant by: 1) Corporate Probation (2) 2) Adverse Publicity Orders(3) 3) Punitive Damages(3)
Corporate probation
- is a supervision order imposed by a court on a company that has committed a criminal offence.
- health and safety offences require the company to review its safety policy or its health and safety procedures
- initiate a training program for its directors and senior management or reduce the number of its accidents
- aims are to instigate a change in the organisations culture under the supervision of the court
- may require the company to make a public statement
- change the organisation approach to management of health and safety
- intentions are to publicize the failings of the organisation
- naming and shaming to a specific group of people or the general public
- seek to change its conduct through public perception
- damages which are over and above those awarded to compensate the plaintiff
- designed to reform or deter the defendant from pursuing a course of action such as that which damaged the plaintiff
- intended as a punishment for wilful and malicious conduct.
In relation to health and safety.
Outline the status and role of:
1) Ratified International Conventions (5)
2) Ratified International Recommendations (5)
Ratified International Conventions
#Status
- approximately seventy conventions dealing with OH&S
- their status is comparable to the of multi-lateral international treaties
-conventions create binding obligations for countries that ratify them
- complaints of non- compliance can be examined by the ILCC
#Role
- they lay down the basic principles to be implemented by ratifying states
- their provisions are used as a basis for establishing national laws
- they require states to report on their application of the conventions and the extent of the states compliance may be examined.
#Status
- are aimed at member states but do not have the binding force of conventions
- may stand alone without being linked to any particular convention
#Role
- to stimulate and guide national programs for member states
- where linked to a convention,they will elaborate on its provisions and provide more detail on how it may be applied.
Outline how the international Labor organisation can influence health and safety standards in different countries. (7)
The development of international labor standards through conventions supplemented by recommendations containing additional or more detailed provisions.
The ratification of the conventions by member states which commits them to apply the terms of the convention in national law and practice.
The requirement for member states to submit reports to the ILO detailing their compliance with the obligations of the conventions they have ratified.
The provision of technical assistance to member states where this is seen to be necessary and indirectly through the pressure applied internationally on non- participating countries to adopt ILO standards.
The initiation of representation and compliant procedures against countries for violation of a convention they have ratified.
Outline how legislation may improve health and safety.(5)
There are two types of legislation which set the minimum standards for the management of health and safety in the workplace which are prescriptive legislation and goal-setting legislation.Prescriptive legislation provides specific advice together with rules to follow while goal-setting legislation sets objectives to be achieved and provides advice and guidance in accompanying codes of practice and guidance,these standards are enforced by the regulator by means of visits by trained and qualified inspectors who identify those situations where the current standards do not equate to those required by the legislation and accordingly ensure that the appropriate punishment is applied.
The legislation should apply to all workplaces creating a level playing field,and compliance by the employer should secure a reduction in cases of injury and occupational illness.
Outline the benefits of adopting a self-regulatory model.(6)
- developed by those directly involved
- developed by those who have a better understanding of the issues involved
- is specific to a particular site or industry
- can generate a strong sense of ownership
- higher levels of compliance
- the system is quicker to achieve than that which is dependent on national legislation
- best practice can be adopted, which often offers a cheaper and quicker means of addressing issues with the system as a whole being easier to adopt and or update.
Outline how the media can influence attitudes towards health and safety,making reference to suitable examples where appropriate. (8)
The media has the facility to undertake global coverage of events and can reach a wide audience using a variety of methods of delivery such as print,television, videos and the internet.
The influence exerted by the media may be advantageous or detrimental for the industry or organisations involved particularly those who have high media coverage which can affect the perceptions of customers,clients and other stakeholders.
The coverage is often sensationalist and can be influenced on occasions by pressure group and other bodies such as green peace.
