Law and Ethics Flashcards
Tort Law
A tort is a private wrong other than breach of contract, recognized by law.
Paramountcy Doctrine
Applies in Law if subject falls under provincial and federal law simultaneously. If provincial and federal environmental act conflict, the federal one takes priority (not more stringent one)
Walsh-Healy Public Contract Act
1936 - First known legal adoption of standard for the allowable concentrations of chemicals in workplace air. In 1970 the USA OSHA was passed - significant for its adoption of the Walsh-Healy Standards for airborne chemical exposures.
Commutative or corrective Justice
It is unfair to leave a alarm uncorrected and usually requires taking from wrong-doer to compensate victim. Similar to Tort Law.
Strict Liability Offense
An offense that is severe enough that the defendant ought to have the right to make a die diligence defense.
What are 5 types of stress management programs and which is least frequently implemented?
5 is least frequently implemented
- Education/awareness building
- Assessment-focused
- Skill-building
- Therapeutic/counselling
- Organizational change/environmental change
Year that first State compensation laws in USA were passed
1911 and by 1948 all states had passed such legislation
Statutory Law
Laws passed by legislatures. These statutes are usually called acts.
Utilitarianism
Based on the writings of John Stuart Mill. Ethical theory best described by “do whatever gets the greatest good for the greatest number.
USA Federal Government Compensation ACT
1908 - Compensation act for some civil employees
What are the main causes of action in Tort Law
Negligence, nuisance, trespass, civil assault, and strict liability
Kantianism
Ethical theory based on duty. One decides if an act is wrong or right without looking at the consequences. Approach that contrasts utilitarianism. An act is moral if it was done to fulfill a duty just for the sake of the duty and not because the fulfilled duty brought the actor any benefits.
Distributive Justice
Fairness in distributions. Distribute X according to pre-agreed criterion Y (need, ability to pay, merit, status)
Based on Federal Legislation, a workplace H&S committee is required when the number of employees reached what figure?
20+
- Minister may exempt workplace from workplace committee if it is “relatively free from risks”
- Committee meets at least 9 times a year
USA Mine and Safety Acts
1966 and 1969
Absolute liability offense
An offense that is not as severe as a strict liability offense where a due diligence defense can’t be made. Example: parking ticket
POGG clause
“Peace, order, and good government” AKA Residual Power
Decides which new subject matter is rendered law or not.
Two-pronged test:
1. Is the new subject of “national concern” or “national dimension” (i.e. does it cross borders?)
2. Is it a national emergency?
Ultra Vires
Out of jurisdiction
Alice Hamilton
20th century USA physician who documented evidence between illness and exposure to toxic chemicals. Subsequent laws were passed.
Procedural Justice
Is fairness in the decision-making about others’ interests. “Fairness in process”. Requires unbiased decision making.
Retributive Justice
Means fairness in punishment, where severity of punishment should match the severity of the harm for which the punishment is imposed. Discipline for OHS infractions is example.
Why were no-fault workers compensation systems introduced in Canada?
The common law system did not adapt quickly enough to the new and emerging industrialized economy leaving the need for a new system
What is the role of the Legislature with respect to law-making and the legal system?
Making the laws
What is negligence in terms of the law?
Conduct falling below the established standard
If a “bill” is introduced that a CRSP thinks will be detrimental to workplace health and safety when should he or she voice their opposition to it?
After the second reading when it goes to committee for scrutiny and possible amendment.
A bill receives three readings before the legislature. After the second reading it goes to “committee” where it is scrutinized and possibly amended. It is at this point that a CRSP can have some behind the scenes impact. Although political influence is best achieved before a bill is ever introduced to the legislature some impact can be affected after the second reading, before the third reading and final enactment
What is the role of the courts with respect to law-making and the legal system?
Interpreting and applying the law.
The roles of the various parties in the legal systems are as follows: legislatures make the laws; courts interpret the laws; bureaucracies draft and administer the laws; police and inspectors enforce the law and the citizens vote for the law makers
What is the role of the bureaucrats with respect to law-making and the legal system?
Drafting and administering the law.
The roles of the various parties in the legal systems are as follows: legislatures make the laws; courts interpret the laws; bureaucracies draft and administer the laws; police and inspectors enforce the law and the citizens vote for the law makers
Can an OHS Professional be sued?
There is a duty of care implied in employment contracts. Traditionally where an employee has been careless the employer could fire or otherwise discipline the employee. There have been many cases of employers suing their employees for negligence. There are also many circumstances in which the OHS Professional for a company might give advice that is wrong and a serious accident occurs. The three types of scenarios suggested are follows: the employer could sue for negligence resulting in property damage or economic loss; a member of the community could sue for negligence resulting in personal injury or property loss; and the employer could sue for negligence to recover damages awarded to a third party.
Volenti Non Fit Injuria
“assumption of risk rule”. If the worker became aware of hazards in the
workplace and did not quit his job he was deemed to have accepted the risks. Thus, only a new
worker or a worker injured by a hidden or latent hazard had any chance of success in court. This
rule still exists but has been watered down in the case of workplace lawsuits.
Fellow servant rule
If the accident was caused by a coworker
to any degree, the employer was completely innocent. Today the damages would be
divided up on the basis of percentage of fault. AKA Doctrine of common employment
8 points of the BCRSP Code of Conduct
- Competence
- Integrity
- Respect in the Workplace
- Ongoing professional development
- Condifendentiality
- Requirements
- Support of the profession and other safety professionals
- Support of the CRSP®/PSAC® Certification
- Accountability (Adherence)
https://www.bcrsp.ca/newsroom/revised-code-ethics-effective-january-1-2016
Define these tort law terms:
Prohibitory injunction
Mandatory injunction
Declaration
“prohibitory injunction” is an order by the court for the defendant to stop the activity.
“mandatory injunction” is an order for the defendant to take certain steps to control the problem.
“declaration” is a remedy whereby the court declares the status of something – someone is the “owner” of the property for example (or the father of the child).
