Health and Safety for Beginners 2004

Employers' Common Law and Statutory Duties Employers' "duty of care" identified in the case of Wilson & Clyde Coal Co. Ltd. v English !"#$%. Injury to a miner as a result of an unsafe system of work, employers found liable. Common law duties were then set: - To pro ide and maintain: !afe place of work, safe means access"e#ress !afe systems of work !afe appliances, e$uipment and plant Competent and dili#ent people

%lso important that the performance of these duties would be dele#ated, but the responsibility for their correct dischar#e could not. This case outcome #i en statutory force in the &!'%. !afe place of work, access"e#ress !afe plant and e$uipment !afe systems of work !election, trainin# and super ision

Criminal Lia&ility Enforcement notices - impro ement notices issued under !() of &!'% - *rohibition issued under !(( of &!'% Criminal prosecution - court action by enforcement a#ency. Impro ement appeal - within () days

+rounds for appeal: 'ron# le#al interpretation by the inspector Inspector e,ceeded his powers -ultra ires. /reach is admitted, but remedy not practicable or reasonably practicable /reach admitted but insi#nificant.

Impro ement notice suspended on appeal until appeal heard or withdrawn. *rohibition notice in force unless a tribunal suspends it.

John Johnston, AIIRSM www.healthandsafetytips.co. ! "opyright # All Rights Reser$ed 2004

Health and Safety for Beginners 2004

'enalties 0ost health and safety offences - ()*+++ and , months imprisonment. &!'% breaches, #eneral duties - up to (-+*+++. Crown courts can - unlimited fines* up to - years imprisonment. .he .ort of /egligence 0 &reach of legal duty to e1ercise reasona&le care towards others.

The key case which defines this tort - Donoghue v Stevenson !"#-%. % female consumin# a soft drink with a decomposed snail inside. !he took ill and sued the manufacturer. 1ud#ement - reasonable care to a oid acts or emissions, with reasonable foresi#ht, which you would know would be likely to injure your nei#hbour. 2nown as the "neigh&our principle". Three main points to test for ne#li#ence: Defendant under duty of care to claimant in2ured party%. Duty &reached 3esult of &reach* claimant suffered damage.

!tatutory authority #i en by certain le#islation such as: Employers' Lia&ility Defective E4uipment% 0ct !",". Contri&utory /egligence 'hen a case is pro en, in assessin# the dama#es to be awarded, account may be taken of whether the claimant has been to some e,tent to blame. Termed Contri&utory /egligence. 5icarious Lia&ility 3ccurs only under ci il law. Employer is responsible for all acts -or omissions. whilst under their employment. Direct costs of a claim - sick pay, repairs of dama#ed e$uipment and buildin#s, etc., product loss or dama#e, loss of production, public and"or product liability, fines, le#al fees, insurance increases. 6ndirect costs 7 business interruption, loss of orders, time spent on in esti#ations, loss of corporate ima#e. 6nsurances
John Johnston, AIIRSM www.healthandsafetytips.co. ! "opyright # All Rights Reser$ed 2004

Health and Safety for Beginners 2004

Employers' liability insurance is a le#al re$uirement under the Employers' Lia&ility Compulsory 6nsurance% 3egulations !""$* and without it a company cannot trade. It co ers the likes of ne#li#ence, breach of statutory duty. 0inimum insurance is for ()8illion* certificates to &e 9ept for :+ years.

John Johnston, AIIRSM www.healthandsafetytips.co. ! "opyright # All Rights Reser$ed 2004