NGC1 Flashcards
What are good moral reasons for H and S management?
need to provide a reasonable standard of care and ethical reasons to reduce
- accident rates
- industrial disease
- I’ll health rates
What are the Legal reasons for good h and S management?
Employers have the duty to take reasonable care of workers.
Poor management can lead too
- prosecutions
- civil actions, compensation claims
What are financial reasons for good health and safety management?
Poor health and safety management can lead to
- direct
- in direct costs
Good h and S management
- high motivated workforce
- improvement of rate of production
- and product quality
- improved image and reputation - shareholders, stakeholders.
What is a direct cost?
immediate consequence of accidents and can be identified as directly relating to a specific occurrence.
Insured
- claims on employer, damage to buildings, equipment, vehicles, production loss, general business loss.
Uninsured
- fines from prosecution from enforcement authority, sick pay
- increase in insurance premiums result from an accident
- any compensation that’s not covered by insurance policy
- legal representation following an compensation claim.
What is a indirect cost?
Cost which may not be directly connected to the accident but may result from a series of accidents.
Insured
- cumulative business loss
- process liability claims
- recruitment costs
Uninsured
- investigation time - FFI (enforcement authority)
- production delays
- extra overtime payments
- replacement training staff
- lower morale, reduced productivity
- lost time from other employees involved
What is employer liability insurance?
- Legal requirement
- covers employers liability in event of accident, work related ill health, employees and others who maybe effected.
- made available to view by display or electronically
- employee who sued employer following accident is assured of receiving compensation.
What is criminal law?
- enforced by state to punish individuals
- individual prosecuted by an agency of the state ( police, HSE, local auth, fire)
- individuals guilty or not guilty
- fines of imprisonment
- proof beyond reasonable doubt
- can not insure against punishment
What is civil law?
- Disputes between individual to addresses a civil wrong tort
- individuals/organisation sued
- individuals are liable not liable
- courts award compensation and costs
- proof based on balance of probabilities
- employers must insure against civil actions
- concerned with liability rather that guilt or non guilt
What are the uk source laws?
Common law
- based on judgements made by judges in courts
- bound by earlier judgements
- Lower courts follow judgements of higher court
- H AND S definitions, negligence, duties of care, practicable and reasonably practicable based on common law judgements.
statue law
- law laid down by acts of parliament
- h@s act 1974
- specific duties mainly in regulations or statutory instruments
- take precedence over common law
What are the court systems for criminal law?
- Magistrates court
2. Crown court
What are the court systems for civil law?
- County Court
2. High court (queens bench division)
What are the main prosecuting criminal authorities uk?
CPS - England
Procurator fiscal - Scotland
PPSNI - Northern Ireland
What are the two types of criminal offence?
Summary - minor offences, tried without a jury only in MC.
Indictable - most serious offences, tried only in CC Or HC in Scotland.
What is the limitations act
LMITATIONS ACT - 3 years placed upon a claim For personal injury from the date at which the injured person should have known about the injury or in the case of a disease three years from the date of diagnosis.
What is a tort?
A TORT - is a wrongful act in civil law for which the perpetrator can be sued.
What is negligence?
- lack of reasonable care or conduct resulting in injury, damage or loss
- reasonably foreseeable that the acts could result in injury
Defences against negligence?
- duty of care was owed
- no breach of duty of care
- any branch of duty of care did not result in specific injury, disease, damage,
- acts of god
- disagreement on the facts
- not reasonably foreseeable that acts or omissions could result in injury
- contributory negligence
- volenti non fit injuria
- folly/frolic
- timescale - limitations act
- essential element missing
Employers common law duty of care. - ECLDOC
Duty to provide
- safe place of work including A and E
- safe plant and machines
- systems of work
- a competent staff of fellow employees
- adequate levels of supervision, information, instruction and/or training
What is essential missing element?
Duty of care was not owed, was not breached
What’s is volenti non fit injuria?
Employer argues that the IP was fully aware of the dangers with task but undertook the task anyway.
What is contributory negligence?
Describes the behaviour of the IP whose actions contributed to the event giving rise to injuries.
- Damages awarded to claimants maybe reduced in proportion to how there negligence contributed to their injury. What
What’s is folly/frolic
Describe acts which are considered out the course of employment and not covered by the employer.
- undertaking activity during a break
HASAWA 1974 section 2.1
General duty
Shall be the duty of every employer to ensure, SFARP the
- health,
- safety and
- welfare at work of all employees
HASAWA 1974 section 2.2
Specific duties
A - provide and maintain plant and systems that are safe
B - ensuring safe and health use, handling, storage and transport of articles and storage
C - provide information, instruction, training and supervision to ensure h@s of all employees
D - safe access and egress to and from working areas
E - provide a safe and healthy working environment / good facilities / arrangements for welfare at work
HASAWA 1974 section 2.3
Safety policy
- safety policy is a written statement of the employers intent to ensure the safety of their employees.
- required if employs 5+ employees
- consists of three parts
Statement of intent, organisation, arrangements
HASAWA 1974 section 3
Duties of employer to others
Both employers and self employed have a duty to conduct their work in such a way to not expose people not employed by them to risks to their
H@S.
- Further duties are placed upon self employed to take reasonable care of their own h@s.
HASAWA 1974 section 4
Duties of persons in control of premises
Imposed duties in relation to those who are not employees but use non domestic premises made available to them as a POW.
HASAWA section 6
General duties of manufacturers
Covers responsibilities of not only suppliers/designers/manufacturers and installers relating to articles.
HASAWA section 7
Duties of employees at work
Duty of all employees whilst at work
To take care of health and safety of themselves and of other persons who maybe affected
By their acts or omissions at work
To cooperate with their employer throughout their duties.
HASAWA section 8
Duty not to interfere with or misuse
No person shall intentionally or recklessly interfere with or misuse anything provided in the interests h@s
HASAWA 1974 section 9
Duty not to charge employees
No charge be made against employees for anything provided in the interest of h@s
HASAWA 1974 section 36
Fault of another
Where a persons by his act or default causes another person to commit an offence then he as well as that other person may be charged with the offence.
HASAWA 1974 section 37
Personal liability
A offence committed by a body corporate and has shown to have committed due to consent, connivance or neglect of director, manager or member of staff acting in a managerial capacity.
Safety policy - statement of intent
Objectives of company regarding
H@S and safety to achieve.
- current, dated, signed. Commitment
S.M.A.R.T
Safety policy - organisation
Responsibility’s and duties of people for carrying it out
Safety policy - arrangements
In place for carrying out the Policy
-how the h@s risks are controlled
- assessment of risk
- planning / organisation
- maintenance of plant and machinery including safety devices
- housekeeping
- procedures for storage transportation and handling
- control of radiation noose dust fumes
- PPE
- training instruction information
- emergency procedure fire first aid
- written procedures for routinely hazardous jobs
- collection analysis of info accident reporting, investigation, analysis, safety inspection, safety audits, routine monitoring
- consultation with work people
Safety policy review
- major accident
- changes in law
- new technology
- change in organisation structure / new starters
- prosecution
- audit inspection
- new premises
- civil action
- Requested by customer or client
- bench marking
- staff request
- new skills, refresher training
