Professional Documents
Culture Documents
Module04 Law
Module04 Law
Law
© CHSS 2003
Ref: SC/086/V1
Law is
© CHSS 2003
Ref: SC/086/V1
Criminal and Civil Law
Criminal Civil
Crimes Torts
Offences against society Offences against individual
Mainly Statute Law Mainly Common Law
Action brought by State. Action brought by an individual
Intended result is Intended result is Compensation
Punishment ("damages")
Punishment cannot be Insurance can be obtained.
insured against No action is possible unless there
Action can be taken has been a loss
regardless of loss Proven liable on balance of
Proven guilty beyond probabilities.
reasonable doubt.
© CHSS 2003
Ref: SC/086/V1
The Making of Law
Green Paper - the need for the legislation
White Paper - firmer indication of
legislative intents
First and Second readings followed by the
detailed committee stage
Report stage - formal report to the House
Third reading consists of verbal
amendments not on the Bill’s principles
© CHSS 2003
Ref: SC/086/V1
Regulations
© CHSS 2003
Ref: SC/086/V1
Approved Codes of Practice
(ACOP)
An ACOP sets examples of good practice
that have been approved by the HSC. An
ACOP is NOT law.
ACOPs specify, in greater detail or in a more
liberal style, precise technical or other
requirements not practicable or desirable in
regulations.
A Simple and Flexible Extension of the Law
© CHSS 2003
Ref: SC/086/V1
European Community
Directives
Made under article 118A of the Treaty of Rome -
harmonisation of standards throughout the
community.
Minimum standards
Introduced gradually
© CHSS 2003
Ref: SC/086/V1
Common Law
Tort of Negligence
Tort of Trespass
• (a Tort is a civil wrong)
© CHSS 2003
Ref: SC/086/V1
Breach of Common Law duties
© CHSS 2003
Ref: SC/086/V1
Who do we owe a duty of care to?
© CHSS 2003
Ref: SC/086/V1
What makes up the duty of
care?
Provision of a safe system of work.
Maintenance of the workplace.
Provision of safe and suitable plant
and equipment.
Supervision and instruction of
employees.
Selection of employees - no horseplay.
© CHSS 2003
Ref: SC/086/V1
The Standard of Care
© CHSS 2003
Ref: SC/086/V1
Breach of Statutory Duty
The employee must show
The statutory duty gave rise to the civil liability
© CHSS 2003
Ref: SC/086/V1
Vicarious Liability
© CHSS 2003
Ref: SC/086/V1
Defences in cases of Negligence
Denial of Liability
Contributory Negligence
Third Party Liability
Volenti non fit injuria
Limitations Act 1980
© CHSS 2003
Ref: SC/086/V1
Woolf Reforms
© CHSS 2003
Ref: SC/086/V1
Standards in Statute
Absolute requirements
Practicable
Reasonably practicable (SFARP)
this is a narrower term than physically
possible… the quantum of risk is placed on
one scale and the sacrifice, whether in
money, time or trouble is placed on the
other. (Edwards v National Coal Board
1949)
© CHSS 2003
Ref: SC/086/V1
Section 2(1) Employer to Employee
© CHSS 2003
Ref: SC/086/V1
Section 2(2) Employer to Employee
includes the need to provide :-
safe plant and systems of work
safe systems for the use, handling, storage
and transport of articles and substances
Information, instruction, training and
supervision
Safe place of work with a safe means of
access and egress
Healthy working environment & welfare
provisions
© CHSS 2003
Ref: SC/086/V1
Section 3 - Employers duty to
other persons
© CHSS 2003
Ref: SC/086/V1
Section 4 - Persons in control
of premises
© CHSS 2003
Ref: SC/086/V1
Section 6
Designers, manufacturers, suppliers, and
importers of substances or articles for use at
work has duties to ensure, so far as is
reasonably practicable, that :-
it is safe and without health risks when
used
it is adequately tested and examined
information about safe use is made
available
© CHSS 2003
Ref: SC/086/V1
Section 7 - Duty of Employees
To take reasonable care for the
health and safety of themselves
and other persons who may be
affected by their acts or omissions
To co-operate with their Employer
(and other persons) to enable any
statutory duty to be performed or
complied with
© CHSS 2003
Ref: SC/086/V1
Section 8
© CHSS 2003
Ref: SC/086/V1
Section 9 -
© CHSS 2003
Ref: SC/086/V1
Section 36 - Default of others
© CHSS 2003
Ref: SC/086/V1
Section 37 - Offences by Body
Corporate
“Where an offence, committed by a body
corporate, is proven to have been committed
with the consent, connivance or neglect of
any director, manager or similar person
then s/he, as well as the body corporate,
shall be guilty of that offence and liable to be
proceeded against.”
© CHSS 2003
Ref: SC/086/V1
Section 40 - Onus of Proof
© CHSS 2003
Ref: SC/086/V1
Powers of Inspectors (s20)
(a) Power of entry (h) Dismantle or test
(b) Take a constable dangerous articles or
substances
(c) Take any other
person or (i) Take possession and detain
equipment etc items mentioned in (h)
(d) Examination and (j) Require a person to give
investigation information
(e) Direct premises (k) Inspect and copy books and
remain undisturbed documents
(f) Take measurements, (l) Require facilities and
photographs or assistance
recordings (m) Any other power
(g) Take samples
© CHSS 2003
Ref: SC/086/V1
Enforcement Options
Informal Enforcement Action
Verbal
In writing
Prohibition Notice
Prosecution
© CHSS 2003
Ref: SC/086/V1
Employment Tribunals
Comprises of
Legally qualified chairman
Union representative
Management representative
Powers
Affirm, Cancel, Modify …….any Notice
Compensate / reinstate Safety Reps
Appeals
Must be made within 21 days
Improvement notice lifted during appeal
Prohibition notice stays in force during appeal
Other H&S matters
Safety Reps complaints
© CHSS 2003
Ref: SC/086/V1