IA2 Regulating Health and Safety

Question 1

Explain the role of legislation in improving workplace health and safety.

Answer 1

Legislation has a role in improving workplace health and safety by :

Setting minimum standards which are enforced by a regulator and allowing for punishment of the offender if compliance with the standards is not achieved.

It is updated by national or federal government when required, applies to all workplaces thus creating a level playing field and may be prescriptive or goal setting, the latter often supported with interpretation in the form of approved codes of practice or guidance.

Question 2

List the limitations of the legislative approach to health and safety?

Answer 2

• Organization may not be motivated to go beyond the minimum legal requirements
• The need for enforcement and an effective court system
• Much of the legislation addresses industrial safety and not occupational health
• There are often insufficient resources available for inspecting workplaces and enforcing the legislation.
• Many employers and workers are unfamiliar with the content of the
• *legislation**
• The variety and inconsistency in the interpretation of goal setting legislation.

Question 3

List the benefits and limitations of Goal-Setting legislation

Answer 3

Benefits

• It has more flexibility in the way compliance may be achieved
• It is related to actual risk and
• It can apply to a wide variety of workplace
• Less likely to become out of date so Infrequency of amendment
• The ability to keep pace more easily with technological change

Limitations

• Open to wide interpretation
• Subjective character, e.g. used terminologies like “adequate” and “reasonably practicable” make it difficult to enforce.
• the duties may be unclear until tested in courts of law.
• It may require higher level of expertise to achieve compliance.

Question 4

List the benefits and limitations of Prescriptive legislation

Answer 4

Benefits

• Define the standards to be met in explicit terms.
• Its requirements are clear and easy to both duty holders and enforcement officers.
• It provides same standard for all duty holders
• It is not difficult to enforce
• It does not require a high level of expertise
• Many aspects of legislation need to be prescriptive e.g. the requirement to carry out risk assessments or to have a written safety policy.

Limitations

• It is inflexible and may lead to an excessively high or low standard
• It may not be related to actual risk
• It may become out of date so frequent amendment may be required
• It may not be able to keep pace with technological change
• If new hazards are created it may require new legislation

Question 5

Give the meaning of the term “Contract”

Answer 5

An agreement between two or more parties to perform a service, provide a product or commit to an act, in return for a valuable benefit known as consideration and is “enforceable by law”

Question 6

List the types of contracts

Answer 6

1. Explicit contracts, either verbally or in writing, generally used in formal business agreements, financial transactions, sales of property and other high-value assets
2. Implied contracts, not written or spoken, it is an assumed contract, an implied warranty provided automatically by law e.g. a refrigerator must cool food.

Question 7

For a contract to be legally binding, it must contain 4 essential elements:

Answer 7

1. An Offer (inc. term and conditions)
2. An Acceptance
3. An Intention to be legally bound
4. A Consideration

Question 8

List actions taken by the contracted parties that make a
contract completed.

Answer 8

1. Both parties completed their obligations
2. Mutual agreement to cancel the contract
3. A party fails to complete its obligations, is found in breach of contract

Question 9

When is a worker entitled to some form of compensation?

Answer 9

If workers suffer injury, ill health, or contract a disease, as a result of their work.

Question 10

List the compensatory mechanisms available

Answer 10

1. Fault Liability, the claimant will have to prove the negligency of the defendant in a court of law.
2. No-Fault Liability, compensation without having to prove negligency in a court of law.

Question 11

List the limitations of fault liability mechanism

Answer 11

1. Can be expensive to defend cases
2. Very slow to proceed to court if the case is defended
3. “No Win, No Fee” systems can encourage petty or trivial claims, at no risk to the claimant
4. Tendency to settle cases early to minimise cost, even if there is no or limited fault
5. Conflictual by nature, can cause resentment against claimants

Question 12

List the benefits and limitations of a No-Fault liability mechanism

Answer 12

Benefits

• Not necessary for claimant to prove fault of defendant in court of law
• More cost effective and quicker
• More consistency in damages
• Outcome is fairer (‘fault’ systems often fail because of failure to prove fault).

Limitations

• Could encourage more people to apply for compensation and create a claim culture.
• May result in employers with higher injury rates having to pay more into a no-fault system.

Question 13

What is the meaning of damages in terms of personal injury in the workplace?

Answer 13

Is the amount of money awarded to the injured party (or claimant) who suffered harm due to the negligent, reckless, or intentional action of the defendant.

Damages can be grouped as:

1. General (non-economic)
2. Special (economic)

Question 14

What are punitive damages?

Answer 14

• Punitive damages are also know as exemplary damages.
• They are intended to prevent and discourage the defendant and others from behaving in similar way.
• Imposed when the defendant’s conduct was extremely serious (outrageous misconduct).
• The purpose of punitive damages is not to compensate, the plaintiff will receive all or some portion of the punitive damage award.

Question 15

List the purpose of enforcement in relation with duty holders

Answer 15

1. Deal immediately with serious workplace risks
2. Compliance with the law
3. Accountability if they fail in their responsibilities

Question 16

List practical enforcement measures

Answer 16

• Providing advice and guidance to the organisation and individuals.
• Issuing notices (such as improvement or prohibition notices).
• Imposing a financial penalty (fine) and/or a custodial sentence (imprisonment).
• Imposing an order upon the organisation which requires them to take an action, for example, a publicity order requires the organisation to publicise their breach of legislation in the media.

Question 17

What is the ILO primary goal?

Answer 17

The ILO’s primary goal is to promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and dignity.

Question 18

List the ILO’s four strategic objectives

Answer 18

1. Setting and promoting standards and fundamental principles and rights at work.
2. Creating greater opportunities for women and men to gain decent employment and income.
3. Enhancing the coverage and effectiveness of social protection for all.
4. Strengthening tripartism and social dialogue.

Question 19

List how the ILO can influence health and safety standards in the workplace?

Answer 19

• Creating International Labour Standards such as Conventions.
• Issuing Recommendations which may support Conventions.
• Monitoring countries’ efforts to implement the treaty standards and requiring them to report on their progress regularly.
• Providing technical assistance to member states when requested.
• Investigating complaints against member states for non-compliance with International Labour Standards.
• By applying international pressure to adopt ILO standards.
• By working with human rights pressure groups in member states to raise awareness of issues.

Question 20

Give an example of an ILO’s Convention and Recommendation

Answer 20

1. ILO C155 - Occupational Safety and Health Convention, 1981
2. ILO R164 - Occupational Safety and Health Recommendation, 1981

Question 21

Define Corporate governance

Answer 21

• Corporate governance is the structure of rules, practices, and processes used to direct and manage a company.
• A company’s board of directors is the primary force influencing corporate governance.
• Bad corporate governance can cause doubt on a company’s reliability, integrity, and transparency—all of which can have implications on its financial health.

Question 22

List Non-governmental bodies influencing H&S standards

Answer 22

1. Pressure Groups, seeking to influence governmental policy or legislation. e.g. Greenpeace
2. Professional Groups, supporting, developing, advising and guiding members on H&S issues, e.g. IOSH
3. Trade Unions, negotiating with employers on issues such as wages, working conditions, complaint procedures, benefits, workplace safety and policies.
4. Trade Associations, Promoting common interest / improvements in Quality, health,safety and environment and technical standards.
5. Employer Bodies, playing an important role in the consultation process with respect to impending legislation
6. Public, who as customers can influence the success of an organisation by boycotting goods and services
7. WHO
8. ILO
9. Insurance Companies

Question 23

Define self-regulation

Answer 23

“A regulatory process whereby an industry-level organisation sets and enforces rules and standards relating to the conduct of firms in the industry.”

• Voluntarily accepted rules
• Formally structurized eg ISO
• Non-compliance may result in a sanction of removal of certification.
• Self-regulation is not an option to not comply with statutory requirements

Question 24

How can the media influence attitudes towards health
and safety?

Answer 24

• Sensationalist coverage and can be influenced on occasions by pressure groups e.g. Greenpeace
• Range of meanings e.g. Internet, newspapers, prints, television,radio
• Instantaneous global coverage of events through online reporting and social media
• It can be advantageous or unfavourable for the organisation or industry.
• Effect on perceptions of the clients, customers and other stakeholders of the companies or industries involved.
• Effect on shareholders perception
• Effect on the public perception