Nebosh Flashcards
Direct costs (insured)
Directly related to accident
- claims on insurance
- damage to building and equipment
- production/business loss
Direct costs (uninsured)
Directly related to accident
- fines
- sick pay
- damage not attributable to accident
- increased insurance premiums
Indirect costs (insured)
Costs not directly attributable to accident
- business loss
- product or process liability claims
- replacement staff
Indirect costs (uninsured)
Costs not directly attributable to accident
- loss of corporate image
- accident investigation time
- production delays
- overtime
- lost time for relevant employees (first aider)
- training staff
- morale
Criminal law
- enforced by state (hse local authority etc)
- guilty or not guilty
- fine or imprisonment
- proof ‘beyond reasonable doubt
- cannot insure against punishment
Civil law
- disputes between individuals or organisations
- will be sued
- individuals either liable or not liable
- award compo and costs
- proof based on ‘balance of probabilities’
- must have employers liability insurance
Common law
- judgements made by judges
- bound by earlier judgements
- lower courts follow judgments of higher courts
- duties of care fall under ‘practicable’ and ‘reasonably practicable’
Statute law
- laid down by acts of parliament
- HASAWA 1974
- specific duties (regs and stat instruments’
- takes precedence over common law
Prosecuting authorities in the uk
Criminal law
- crown prosecution service (cps) England and Wales
- procurator fiscal Scotland
- public prosecution service Northern Ireland (ppsni)
Name the two types of criminal offence?
- summary: minor offences, no jury in a magistrates court (sheriff court Scotland)
- indictment: most serious offences, crown court (high court of justiciary Scotland)
Employers duty of care?
Common law
- safe place to work
- sage plant and equipment
- safe system of work
- safe and competent employees
- supervision, information, instruction and training
Vicarious liability
When defendant was acting in normal course of their employment during accident- defence of act then transferred to employer
What are the three levels of statutory duty?
Absolute-employer MUST comply with law
Practicable-employer must comply if it is technically possible, difficulty, inconvenience and cost need not apply
Reasonably practicable-small risk, compared with cost, time, effort used to further reduce risk, no action required
Role of the HSE
- development of regulations
- enforces regulations
- provides info (acops)
- investigations
- advice
Approved Codes of practice (acops)
Practical interpretation of regulations
- produced by hse
- can be legally binding
Regulations
- state the law
- breach is criminal offence
Hasawa section 2?
Duties of employers to employees
‘So far as reasonably practicable’
- safe plant and systems of work
- info, training etc
- access egress
- welfare facilities
- safety policy
- safety reps
Hasawa section 3
Duties of employers to others affected by business
-contractors, visitors, public, patients, students
Hasawa section 4
Duties of landlords or owners
- access and egress
- building and equipment safe
Hasawa section 6
Duties of suppliers
- articles designed to be safe
- substances are safe
- supply suitable safety information
Hasawa section 7
Duties of employees
- take care for health and safety of themself and others
- cooperate with employer
Hasawa section 8
No person to misuse anything provided for h and s purposes
Hasawa section 9
Employees cannot be charged fir h and a requirements
Fee for intervention (ffi)
-places duty on hse to recover its costs for carrying out work from those found to be in MATERIAL BREACH of h and s
Powers of an inspector?
- enter premises at any time, accompanied by police if necessary
- investigate undisturbed premises
- access to all records and documents
- take samples
- seize and destroy harmful objects and substances
- take statements
- improvement and prohibition notices or caution
- prosecution
Improvement notice
Issued for specific breach of law
Appeal within 21 days to employment tribunal
Prohibition Notice: summary offences
- unlimited fine
- 12 months imprisonments
- up to 5 years disqualification for convicted directors
Prohibition notice: Indictable Offences
- unlimited fine
- up to 2 years imprisonment
- up to 15 years disqualification for convicted directors
Prohibition notice
- issues to halt activity
- appeal within 21 days to employment tribunal
Deferred prohibition- stops activity in time limit
How are work related deaths investigated?
-first by police for manslaughter
(Culpable homicide Scotland)
Or corporate manslaughter
- if no such charges HSE or Local AIthority takes over
