Law Exam Practice Flashcards
What are the steps to a risk assessment and what regulation does it fall under?
Regulation 3 of the management of health and safety at work regulations requires employers to carry out an assessment to ensure safety of people working, known as a risk assessment:
- Identify hazards
- Identify who might be harmed and how
- Evaluating the risks (Likelihood of that risk and the severity)
- Record the assessment (N/A if fewer than 5 employees)
- Review and revise
What is common law + example?
- Common is basically case law. Brought about from incidents that made it into a law.
- Example: Donoghue v Stevenson: One individual VS Ginger beer company - Went into cafe, ordered ginger beer, opened it and found a rotting snail inside, doctor confirmed would make her sick, and she sued them which set the judicial precedent that everyone has a duty of care to look after (negligence during beer production). She sued manufacturer for 500 pounds (stevenson) and it was settled in court. Outcome: Everyone had a duty of care of everyone else - quality control
Define judicial precedent
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity.
Define duty of care
The responsibility of a person/organisation to avoid acts which can be foreseen to be likely to cause harm to others.
What is statute law?
Statute law is written law made up of act or parliament like the Health and safety work act of 1974, orders of rules, guidance, etc.
Explain the roles of HSE
- To enforce H&S law
- To provide information and guidance
- To review the existing laws and make recommendations and changes to the laws
- To conduct research
Explain the powers of HSE inspectors
- Gain access to workplace without permission
- They can say that locations have to be undisturbed for as long as they like
- They can take photographs.
What is “indictable offences?”
More serious and take place in court. Types of these offences and fit for trial.
Example: Let’s say you need a license to drive a forklift (as the HSE says) and if you do it without a license you can get indictable offence.
What is “Summary offences?”
Minor offences and they go to the lower court.
Example: If you fail to carry out one of the duties of the health and safety at work act of 1974 sections 2-7 such, or intentionally obstruct the inspector (stop them) it’s considered summary offence.
What is criminal law?
- Criminal law is law that is mainly based on law of statute and is dealt with through a criminal court system which may result in punishment of the offender if found guilty either through a fine or prison time.
- Burden of proof (the requirement to provide evidence to support your case and proof that one of the people is guilty/innocent is required.
- Nothing can suggest that you’re possibly innocent when found guilty, meaning you have to be found guilty beyond all reasonable doubt (fully guilty and most jurys agree to be considered BARD)
LIDL example: Someone slips on milk, caused by a citizen in LIDL and dies. That death has to have someone responsible and it’s the responsibility of the employer of LIDL. It has to be reasonably practical, which means it has to balance the cost of the action they take with the risk and that’s why you do risk assessment to determine likelihood and severity - Higher the risk the more money investment.
What is civil law?
- Civil law disputes between individuals and/or companies where one is trying to sue the other.
- Pursuers: The ones who make the claim
- Defenders: The ones who are being sued.
- The civil court, they look at the liability and the extent of the liability and they use balance of probability to determine the level of proof
- In civil law actions have to start within 3 years of the accident date. The court has discretion to extend the 3 year period in appropriate cases.
- A civil wrong is defined as unreasonable careless conduct which results in injury/damage.
- IMPORTANT: You can be part of a civil and criminal case at the same time. Example: If Aaron punches me in the face I want compensation for money lost time of work + I report you for bodily harm. A civil wrong can also be a breach of the common law of duty of care or negligence ( People who work there it’s their responsibility to ensure that you don’t harm yourself in an area).
What is HSE?
HSE: Team responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks.
Outline the health and safety management system
Health and Safety Management System Policy Organising Control Measuring performance Reviewing performance
What is RIDDOR 2013?
- Riddor: Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013.
- Purpose: To generate reports to HSE and LA. The reports provide data which is used to indicate where and how risks arise and to show up trends. This allows authorities to effectively advise employees on strategies to help prevent dangers.
- Reporting of injuries: Notify enforcing authority by the quickest way possible:
What is COMAH?
Comah - Control of major accident hazards
It’s a set of regulations (law of statute) established in 1999
Companies which have dangerous substances like a nuclear power plant. Major accident prevention policy (MAPP) they set out policies on the prevention of major accidents.
