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
