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41 Cards in this Set
- Front
- Back
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Definition of Health |
A state of well-being |
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Definition of Safety |
Absence of danger of physical harm |
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Definition of Welfare |
Facilities for workplace comfort |
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Three reasons for preventing accidents in the workplace |
Moral
Legal
Financial |
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What disciplines are incorporated in to Health and Safety? |
Finance, Insurance, Health, Personnel, Production, Design, Purchase and Information Technology (IT) |
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What are the direct costs of an incident? |
Insurance Court Costs Fines Lost time of injured employee and continued payments to employee Damage to the equipment, tools, property and plant or to materials |
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What are the indirect costs of an incident? |
Lost time by other employees who stop work or reduce performance (out of curiosity, out of sympathy, weakened morale) Lost time by supervisor or other managers (assisting injured employee, investigating the cause of the accident, arranging for a replacement employee, preparing accident reports, attending hearings) Interference with production leading to failure to fill orders on time, loss of bonuses, penalty payments and similar losses |
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What are the key points on Employers Liability Insurance? |
Enables businesses to meet the costs of compensation and legal fees Employers’ Liability (Compulsory Insurance) Act 1969 Insured for at least £5 million per claim Certificate must be displayed Copies kept for at least 40 years HSE responsible for enforcing the law Employers can be fined up to £2,500 each day for inappropriate insurance
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Structure of Criminal Courts |
Magistrates Court Crown Court High Court Court of Appeal Supreme Court European Court of Justice |
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Who are the External Agencies in criminal liabilities? |
Health and Safety Executive (HSE) Health and Safety Executive for Northern Ireland (HSENI) Local Authorities Office of Rail Regulation (ORR) Environment Agency (EA) Scottish Environment Protection Agency (SEPA) Insurance Companies
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Structure of Civil Courts |
Small Claims Court County Court High Court Court of Appeal Supreme Court |
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What is the Duty of Care (Neighbourhood Principle)? |
You must take reasonable care to avoid acts or omissions when you can reasonably foresee they would be likely to injure your neighbour. Donoghue v Stevenson 1932 |
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Tests for Tort of Neglicence |
1) There was a duty of care 2) There was a failure to fulfil the duty to a reasonable standard (breach of duty) 3) Damage, loss or injury resulted from the breach |
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Defences for the Tort of Negligence |
1) Denial of Duty to take care 2) Reasonable care was taken (no breach of duty) 3) No actionable injury, loss or damage: Breach did not lead to damage Foreseeability 4) Volenti non fit injuria 5) Statute of limitations |
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Tests for breach of statutory duty |
The defendant was in breach of the statute This breach caused the injury The claimant was a class of person the statute was intended to protect The type of injury was one the statute was intended to prevent |
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Defences for breach of statutory duty |
Statute Barred No breach of statutory duty Breach did not cause the loss Injured party was not within the class of persons protected by the statute Injury not of they type that the statute was designed to prevent
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Health and Safety at Work etc. Act 1974
Section 2(1) |
To ensure, as far as reasonably practicable, the health, safety and welfare at work on employees.
This is the general duty. |
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HASAWA 1974
Section 2(2) (a) |
Safe plant and systems of work, for example, provision of guards on machines and the safe use of the machine. |
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HASAWA 1974 Section 2(2) (b) |
Safe use, handling, storage and transport of goods and materials, for example, good manual handling of boxes, mechanical handling of trusses , storage of flammable gases or movement of goods by road. |
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HASAWA 1974 Section 2(2) (c) |
Provision of information, instruction, training and supervision, for example, provision of induction training, instruction of action in case of fire and information on chemicals that are handled. Supervision must be provided as necessary, inexperienced employees will require more supervision as will higher level tasks. |
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HASAWA 1974 Section 2(2) (d) |
Safe place of work including means of access and egress, for example, aisles kept clear, safe ladders to a scaffold platform or emergency exit from a building. The requirements cover not only buildings but, for example, open air sites, boats, exhibition sites, the duty extends to the structure of any item. |
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HASAWA 1974 Section 2(2) (e) |
Safe and healthy working environment and welfare arrangements, for example, good lighting, appropriate temperature, washing facilities, seating and first-aid. |
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Attitude
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Aptitude
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A tendency to be good at certain things
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Motivation
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The driving force behind the way a person acts in order to achieve a goal |
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5 steps of risk assessments
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Decide who might be harmed Evaluate risks and existing controls Record the findings Review Assessment |
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Hierarchy of risk control
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Substitution Isolation Administration PPE |
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HASAWA 1974 Section 2(3) |
Prepare a written health and safety policy Set out the organisation and arrangements for putting the policy into practice Revise and update the policy as needed Bring the policy to the notice of the employees |
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HASAWA 1974 Section 2 (4-7) |
Employers responsibilities to consult with their employees |
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HASAWA 1974 Section 3 |
Every employer or self-employed person must conduct their undertaking in such a way as to ensure AFARP, that persons not in their employment who may be affected are not exposed to risks |
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HASAWA 1974 Section 4 |
Those in control of non domestic premises must ensure AFARP that access/egress and any plant or substances are safe without risk to health (this applies to landlords and common areas of residential premises) |
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HASAWA 1974 Section 6 |
They are safe and without risk to health whether used, stored or transported Necessary tests, research and examinations have been carried out Revised information is given if a serious risk becomes known |
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HASAWA 1974 Section 7 |
To take reasonable care of themselves and others who may be affected by their acts or omissions To co-operate with their employer to enable them to comply with the law |
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HASAWA 1974 Section 8 |
No person shall misuse or interfere with anything provided in the interest of health, safety and welfare |
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HASAWA 1974 Section 9 |
Employees cannot be charged for anything done, or provided to comply with health and safety law (e.g. PPE) |
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Hierarchy of statute law
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Regulations ACOP Guidance |
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HASAWA 1974 Section 37 |
Where an offence is committed by the body corporate and is attributable to any neglect, consent or connivance of a director or senior manager, then that person may also be prosecuted |
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HASAWA 1974 Section 36 |
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HASAWA 1974 Sections 20 - 25 |
Powers of Inspectors |
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HASAWA 1974 Section 15 |
Powers for Government to make regulations |
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HASAWA 1974 Section 16 |
Powers for Government to make Approved Codes of Practice |
