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crsp examination > Law and Ethics > Flashcards

Law and Ethics Flashcards

1
Q

What is a Guideline?

  • What is the standard of proof in Public Law?
  • What is Tort Law?
  • What is the standard of proof in Private Law?
A
  • Not legally enforceable on its own, only law if formally and specifically adopted by an Act or Reg.
  • Proof beyond a reasonable doubt.
  • Private law where the plaintiff sues the defendant for a wrongdoing
  • Burden of proof is borne by the prosecution
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2
Q
  • What does the Law Feedback system consist of?
  • Define in relation to Characteristics of Law:
    Reason
    Morality
    Certainty
A
  • Law reform commission, Royal Commissions, Appeals, Judicial Review, Political processes, Media
  • Reason - Ability to think/understand/draw conclusions in an abstract way
  • Morality - A code of conduct held as authoritative in matters of right and wrong
  • Certainty - Accuracy and absence of doubt
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3
Q
  • Define in relation to Characteristics of Law:
    Flexibility
    Non-Perfection
A
  • Flexibility - Ability to adapt to changes occurring in the workplace
  • Non-Perfection - Law is not perfect
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4
Q

What is Administrative Law?

A
  • A brand of public law, governs the activities of administrative agencies of government such as tribunals, boards, and commissions.
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5
Q 
Define:
Mens Rea
Negligence
Private Law
Prosecution
Statue
A
  • Mens Rea: Guilty mind, knowledge or intention to commit a prohibited act
  • Negligence: Breach of legal duty to take care
  • Private Law: Dispute between two persons where broader public interest is of little public importance
  • Prosecution: Legal proceeding where province is charging defendant with an offense, a breach of an act or regulation
  • Statue - Law or act that expresses the will of the legislature
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6
Q

Define:
Strict Liability
Ultra-Vires
Vicarious Liability

A
  • Strict Liability - Prosecution where no need to prove intent
  • Ultra-Vires - Acting outside the boundaries of jurisdiction
    Vicarious Liability - Liability imposed on one for the acts of another based on the relationship of the two
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7
Q

What are the two main sources of Law?

  • What makes a guideline into law?
A
  • The Regulators (working in leglisatures) and the Judiciary (Judge made law)
  • They become law once formally recognized and made law through legislature and the courts
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8
Q

What are the two purposes of law as relates to OHS?

Define: 
Absolute Liability
Acquittal
Actus Reas
Civil Law
A
  • Prevent harm, Provide compensation to a worker or family as a result of workplace injury or death
  • Absolute Liability - Criminal Fault that does not require fault to be proved in order to establish guilt
  • Acquittal - Outcome of prosecution where defendant is innocent
  • Actus Reas - Voluntary act which forms part of the criminal offence
  • Civil Law - Law concerned with private relations between members of a community, rather than criminal/military/religious
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9
Q

Define:
Common Law
Constitutional Law
Conviction

A
  • Common Law - Judge based/Case Based law
  • Constitutional Law - Law that tells us what level of government has authority
  • Conviction - Outcome of prosecution where defendant is found guilty
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10
Q

Define:
Fine
Intra-Vires
Lawsuit

A
  • Fine - Penalty sough by prosecutor for committing offense
  • Intra-Vires - Acting within boundaries of jurisdiction
  • Lawsuit - Legally binding proceeding where one party is suing another for a remedy (such as monetary compensation) or an injunction (stopping the defendant from doing something).
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11
Q 
Define in relation to Characteristics of Law:
Neutrality
Equality
Non-Retroactivity
Openess
A
  • Neutrality - Law cannot be allied with either side in the dispute, everyone is judged the same
  • Equality - Same treatment for all persons
  • Non-Retro-activity - No law made “after a fact done” can make it a crime
  • Openness - Court must be open to any who present themselves related to the case and have apparent relevant information
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12
Q 
As far as Roles in the Legal System define:
Legislatures
Courts
Bureaucrats
Police
Ordinary Citizens
A
  • Legislatures make the law
  • Courts interpret and apply the law in a predetermined way
  • Bureaucrats draft and otherwise administer changes and amendments to the law
  • Police enforce the law
  • Ordinary citizens vote for the lawmakers
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13
Q

Canada follows the Adversarial System. What is the Adversarial System?

Define:
Act
Regulation
Code

A
  • Judge is passive while the two parties are seen as adversaries hoping to win consideration from the judge.
  • Act - Piece of statutory law passed by the legislature, are general and enable legislation.
  • Regulation - More detailed and technical, obtain their legitimacy under an act.
  • Codes are documents written in a statutory style
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14
Q

What is Volenti non fit injuria defense?

What was the doctrine of Common Employement Defense?

A
  • Assumption of risk rule. If worker knows hazards but continues working with them the worker assumed the risk. Not applicable anymore in workplaces. Applicable in things like sports.
  • Fellow servant rule. Held the employer was not responsible if they could show that another worker other than the injured had caused the accident.
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15
Q

What was the contributory Negligence Defense?

A

Absolved employer of responsibility if worker is in any way at fault of the accident. Today if worker is 10% at fault he gets 90% of damages.

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16
Q

What is Common Law?

What type of common law prior to workers comp did workers have to use to sue their companies?

A lawsuit is brough about under dispute in ________ Law.

A
  • The law of precedent in which decisions made in the past provide a basis for considering evidence and passing down judgement on future situations.
  • Tort Law - worker alleged employer had failed to take reasonable care and had to specify what the carelessness was.
  • Common Law
17
Q

What is Negligence?

  • What is Strict Liability?
A
  • Behavior is negligent if the risk associated with the behavior or conduct is reasonably foreseeable but due diligence to prevent the risk is not taken.
  • Defendant may be found liable even if there is no negligence on the defendants part.
18
Q

What is Trespass?

What is Private Nuisance?

A
  • Refers to illegal dumping or releasing waste material on someone else’s property
  • Tenants can make a nuisance claim against any neighbor who interferes with their enjoyment by creating noise, smells, pollution etc that extends to other properties.
19
Q

What are the 7 Meredith Principles related to workers compensation?

A

1) Public compulsory system - never private or for profit
2) No fault compensation
3) Primarily a collective liability system
4) Compensation for duration of injury
5) Controlled by an independent board
6) Compensation is tied to earning power
7) Divert some money to compensation

20
Q

What type of law is Workers Compensation?

  • Who has jurisdiction of workers comp claims? Who has jurisdiction for Federal workers comp claims?
  • What is the historical tradeoff?
A
  • Administrative law, run by bureaucratic system built in isolation of the judicial system.
  • Workers comp is provincially managed. Federal employees access the provincial WCB in the province in which they work.
  • No-fault system to limit lawsuits and provide basic protection for workers.
21
Q
  • Give an example of a workplace not covered by workers compensation?
  • Can manufacturer’s be sued?

What are the 4 common courses of action?

A
  • Circus performers, Professional Athletes
  • Yes, manufacturers have a duty of care owed to the purchaser.

Strict Liability, Tresspass, Private Nuisance, Negligence.

22
Q

The Meredith report recommended a collective compensation law based on the ______ system. It was introduced in ____________ in 19___.

A

German. Ontario. 1914.

23
Q

What are the employer’s common law duties?

A

Duty to hire competent staff, duty to ensure safe premises, duty to provide safe tools and equipment, duty to ensure a safe system of work.

24
Q

What was the Violation of Employers Rules Defense?

What was the Violation of Statutory Law Defense?

What were some practical problems when attempting to sue employers in the 19th century?

A
  • If it could be shown the worker violated rules and caused accident, employer could argue workers fault.
  • Employer could argue worker was injured as result of their unlawful conduct.
  • Burden of proof, no protection against dismissal, fellow workers refuse to testify, high cost of litigation, delay in receiving money if successful.
25
Q

What is the BCRSP’s mission?

A
  • To protect and promote OH&S, environmental safety, and public safety through the registration of qualified health and safety professionals committed to a code of ethics.
26
Q

What are the five elements related to professional practice of a CRSP?

A

1) Comply with relevant provisions of certification scheme
2) Make claims regarding certification only with respect to the scope for which certification was granted
3) Do not use the certification in a misleading or unauthorized way
4) Do not use claims to certification if suspended or withdrawn certification
5) Do not use certification in a misleading way

27
Q

What is the idea behind these professional responsibilities of a CRSP?

1) Protect and Promote the safety and health of people, property, and the environment above any consideration of self interest
2) Engage only in activities that maintain and enhance the quality of their professional services
3) Avoid circumstances where compromise of professional conduct or conflict of interest may arise.

A

1) CRSP’s will be advocates for health and safety, the cornerstone of being a CRSP
2) CRSPs will be focused, full-time, and endeavoring to better themselves and provide a truly professional service.
3) For the CRSP to fulfill their role they must ID potential for conflict of interest, address the conflict, and remain true to the interests of the profession.

28
Q

What is the idea behind these professional responsibilities of a CRSP?

4) Be objective in the application of recognized scientific methods and in the interpretation of findings.
5) Recognize and respect the original work, integrity, and ability of their peers.
6) Recognize their professional limitations and levels of competences as well as the special skills of others in related professions.

A

4) OHS professionals need to be conscious of the issue of junk science, and what is known as truth in science
5) Respect fellow CRSPS and be in contact with them first if asked to review their work as a second opinion
6) True professionals know when to ask for assistance from an allied professional in dealing with specialized or otherwise unfamiliar technical areas.

29
Q

What is the idea behind these professional responsibilities of a CRSP?

7) Continue professional development throughout their career and support and encourage other CRSPS to develop professionally.
8) Protect confidentiality of all professionally acquired information and disclose it only when authorized or legally obligated to do so.
9) Represent their qualifications and experience accurately and not knowingly make false or misleading statements.

A

7) Professional development ensures CRSP’s continue to learn and maintain current knowledge.
8) OHS professionals must keep sensitive information confidential.
9) CRSP must accurately report their qualifications and experience and not inflate or exaggerate.

30
Q

What is the idea behind these professional responsibilities of a CRSP?

10) Keep apprised of the law as it relates to professional practice.
11) Recognize that discrimination on the basis of race, creed, color, language, nationality, political, religious affiliation, sex, sexual orientation, age, marital status, and disability is prohibited by the BCRSP.

A

10) CRSP needs to stay up to date on the legislative requirements to practice as a competent professional.
11) Simple restatement of basic human rights the OHS practitioner must meet for the execution of their work.

crsp examination (13 decks)

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