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Process Safety > Legislation > Flashcards

Legislation Flashcards

1
Q

What is the difference between civil law and criminal law?

A

Civil law is person-person or person-organisation. Criminal law where an organisation does the investigation for you.

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2
Q

To who do you owe a duty of care?

A

Your neighbour. As far as reasonably practicable.

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3
Q

Who is your neighbour?

A

Anyone you can reasonably (less than MUST) be affected.

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4
Q

What must a plaintiff show for civil cases?

A

There was negligence. Plaintiff must show

  1. The defendant owed a duty of care
  2. There was a breach of duty
  3. A quantifiable injury resulted
  4. The injury was caused by the duty of care
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5
Q

Why did the industrial revolution lead to change?

A

There were factories employing large numbers of people in mechanised workplaces. There were new dangers as well as threats to health and general welfare. This meant that there were basic acts which specified the allowable working hours and lighting and ventilation. This progressed to guarding of machinery, safe operations and education of children.

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6
Q

What was introduced by the Alkali acts?

A

The discharge of gaseous HCl from alkali works, a serious pollutant.

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7
Q

What are the three most important acts that have been introduced?

A
  • Health and Safety at Work Act
  • Health and Safety Commission
  • Health and Safety Executive
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8
Q

Why was the Robens committee set up?

A

Review the provision of health and safety in UK in the 1970s

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9
Q

What was seen as the solution to many problems by the Robens committee?

A

Self-regulation

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10
Q

What is self-regulation?

A

The means of ensuring safety were specified by those who had the greatest knowledge. This is the employers rather than the external body.

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11
Q

Why was a single body introduced for the enforcement of legislation?

A

Reducing complexity and removing loopholes

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12
Q

What would employers have to demonstrate?

A

Employers would have to disclose information on hazards that could affect the public as well as employees. They would then be able to identify an organised and systematic approach to identify and control hazards.

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13
Q

What were the two major suggestions of the Robbens committee?

A
  • HASAWA set out principles and laws which still form the basis of safety legislation in the UK
  • Health and safety breaches can now lead to prison and punitive fines as well as compensation
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14
Q

How was the civil duty of care translated in HASAWA?

A

The civil duty of care was translated into a duty under this act which means that breach of duty is now a criminal offence rather than a civil matter.

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15
Q

Why was HASAWA needed?

A

Prescriptive regulations had produced complicated sets of rules which covered many specific areas but omitted others completely. The development of technology also needed to be taken into account.

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16
Q

Who does HASAWA cover?

A

Everybody

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17
Q

What did HASAWA specify?

A
  • to cover all workers
  • to deal with fast changing technology
  • to deal with major hazards
  • problems with prescriptive legislation
  • to address the static accident rate
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18
Q

What was the result of HASAWA?

A

A decline in the number of fatal accidents

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19
Q

The duties of employers is goal-setting legislation. What is this?

A

The intention is set out and the employer must demonstrate that they are meeting the requirements.

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20
Q

Are there specific instruction for duties of care?

A

No

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21
Q

What are the aims of duties of employers?

A
  • To ensure as far as reasonably practicable the health, safety and welfare at work of employers
  • To provide as far is reasonably practicable machinery, equipment and plant which is safe.
  • To ensure systems of work are safe
  • To provide training and information
  • To maintain any place under their control in safe condition
  • To produce a safety policy and inform the workforce of it
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22
Q

Duties of employers also apply to non-employees. What are the two types of non-employees?

A
  • Authorised

- Non-authorised

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23
Q

What are the duties of the employers to authorised non-employees?

A

These duties mainly related to their safety while on the premises of the employer. Authorised non-employees included contractors, visitors, customers. These people are owed a higher duty of care since they are not trained nor informed in the way that employees are. Measures such as insisting that they are accompanied by employees are put in place.

24
Q

What are the duties of the employers to non-authorised non-employees?

A

This could include people who have inadvertently entered the premises or intruders. The employer should anticipate the presence of such people and ensure their safety or take careful measures to ensure they don’t come onto the premises e.g. perimeter fencing

25
Q

Why is it significant that information such as training and systems of work is recorded?

A

To demonstrate compliance

26
Q

What does AFARP standard for?

A

As far as reasonably practicable

27
Q

How does AFARP demonstrate the goal setting nature of legislation?

A

There is not a minimum standard that needs to be met but there should be constant striving to improve. As technology becomes available to improve safety so reasonably practicable risk is reduced. The balance of cost to benefit should be under review.

28
Q

What is the definition of AFARP?

A

Compliance is required until the cost of additional control measures becomes grossly disproportionate to the further reduction of risk.

29
Q

What is the difference between AFARP and so far as is practicable?

A

Compliance is required regardless of the cost or difficulty as far as possible within the light of current knowledge and invention.

30
Q

How stringent is ‘so far is practicable’?

A

It is a very stringent requirement. New technologies which could reduce risk should immediately be installed at any price.

31
Q

What is the duties of the manufacture and designer?

A

These duties centre on anticipation of how equipment designed or applied might be used or misused. Instructions must reflect anticipation.

  • Adequate information must be supplied.
  • Must supply goods which are safe under all foreseeable conditions
32
Q

What is the duties of the employees?

A

Employees are liable under the act in much the same way as that of employers.

  • Must take reasonable care for themselves and others
  • Must co-operate with employers
  • Non-compliance can lead to persecution
33
Q

What is the duties of all people?

A

They must not misuse or interfere anything provided in the interest of safety.

34
Q

What is the Health and Safety Executive (HSE)?

A

It is an enforcement agency

35
Q

What is the objective of the HSE?

A

To protect people’s health and safety by ensuring risks in the changing workplace are properly controlled.

36
Q

For what is the HSE responsible?

A
  • HSE oversees health and safety strategy in the UK
  • Legislation and its development
  • Enforce legislation as well as offering guidance and help in its application
37
Q

What powers do the HSE have?

A
  • They may inspect at any time with automatic rights of access
  • Improvement notice
  • Prohibition notice
  • Seizure
  • Prosecution (either corporate bodies or individuals or both)
38
Q

What is an improvement notice?

A

Allows activities to continue but improvements as specified in the notice must be completed within a given timescale.

39
Q

What is a prohibition notice?

A

The activity would have to stop until improvement were made or a new system identified for safe work. You can go to prison if they show you are responsible.

40
Q

Is UK legislation goal-setting or prescriptive?

A

Goal-setting

41
Q

Describe goal-setting legislation

A

Setting the objectives everyone needs to meet and letting them reach their goals. Goal-setting is flexible to changes.

42
Q

What is the importance of as far as reasonably practicable?

A

It introduces a constantly moving safety target, a target that is always moving in the direction of safety improvements.

43
Q

What is the definition of proactive?

A

Developing safety together with the process.

44
Q

Main features of goal-setting legislation

A
  • Responsive to new developments
  • Shifts from inspection to demonstration
  • Safety measures developed by those who know most
  • Discourages doing only the minimum
  • Removes loopholes
  • Proactive rather than reactive
45
Q

Why is regulation in addition to HASAWA?

A

Specific areas are covered by regulations. They give more specific legislation.

46
Q

What do regulations cover?

A

They highlight particularly hazardous areas of work and set out requirements for controlling these hazards.

47
Q

For each set of regulations, what does the HSE issue?

A

Guidance and/or approved codes of practice

48
Q

What are the basic principles of regulations?

A
  1. Identify hazard
  2. Assess risk - acceptable/ unacceptable
  3. Control/ eliminate
  4. Record
49
Q

What does ACOP stand for?

A

Approved Codes of Practice

50
Q

Who issues ACOP?

A

Approved codes of practice are issued by the HSE to aid employers in complying with regulations under HASAWA.

51
Q

What do ACOPs explain?

A

The hazards involved and give methods by which hazards can be identified and means by which the control of hazards can be achieved.

52
Q

What are the problems with ACOPs?

A
  • Can be seen as prescriptive
  • Reactive not proactive
  • Restrictive of novel solutions
  • Not intended to be the only systems by which regulations can be addressed
53
Q

What are the purposes of European Directives?

A
  • States implement legislation under their own systems

- Directives have no direct legal status in member states

54
Q

What was the purpose of European Directives?

A

Intended to ensure uniformity of protection across the European Commission

55
Q

Who issues European directives?

A

European commission which cover safety regulation in the European Union countries.

Process Safety (10 decks)

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