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Foundations in
Health and Safety
Foundations in health and safety
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
The scope and nature of occupational health and safety
The multi-disciplinary nature of health and safety
Health
- A state of well being
Safety
- Absence of danger of physical harm
Welfare
- Facilities for workplace comfort
Environmental protection
- A measure used to prevent harm to the environment
of the world
Foundations in health and safety
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting
good standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
The moral and financial reasons
General argument
1) Moral
2) Legal
3) Financial
Foundations in health and safety
The moral and financial reasons
Source: RMS/HSG96.
Foundations in health and safety
The moral and financial reasons
Direct costs
Insurance
Court costs
Fines
Lost time of injured employees
Damage
Foundations in health and safety
The moral and financial reasons
Indirect costs
Lost time by other employees who stop work
Weakened morale
Lost time by supervisor or other managers
Preparing accident reports, attending hearings, inquest
courts
Interference with production leading to failure to fill orders
on time
Foundations in health and safety
The moral and financial reasons
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
The legal framework for the regulation of health and safety
Criminal Division
Normally 3 judges
Hears appeals from Crown Courts
Uphold, reverse or order a retrial
Appeal is to the Supreme Court
Foundations in health and safety
The legal framework for the regulation of health and safety
12 justices
Hears points of law of the greatest public importance for
the whole of the UK
Operates explicitly separate from both Government and
Parliament
Foundations in health and safety
The legal framework for the regulation of health and safety
Source: RMS
Courts and Tribunals - England and Wales
Foundations in health and safety
The legal framework for the regulation of health and safety
BUT
Although a case might be decided in the lower court, if the
magistrates believe the circumstances warrant a sentence
greater than 6 months, they have the power to refer it to
Crown Court for sentencing
This means that a defendant could receive a sentence of up
to 2 years for a conviction handed down in the lower court
Foundations in health and safety
The legal framework for the regulation of health and safety
Damages
Damages or compensation orders for personal injury, loss
or damage may be awarded
Foundations in health and safety
The legal framework for the regulation of health and safety
Criminal law liabilities
Defences
Individual
Must prove they took all reasonable care
That all due diligence was exercised
Employer
Must prove they took all reasonable foreseeable
precautions
That it was not practicable or reasonably practicable to
have done more
That all due diligence was exercised
Foundations in health and safety
The legal framework for the regulation of health and safety
Meaning of Civil law
Deals with disputes between individuals
Claimant sues the defendant
For failing to meet rights and obligations when dealing with
each other
Purpose of claiming compensation or other remedy
Matters considered in civil courts
Prove on balance of probability
No presumption of favour
May sue more than one person or organisation
Must sue within reasonable period of harm or is statue barred -
usually 3 years
Possible to insure against claims
Foundations in health and safety
The legal framework for the regulation of health and safety
County Court
High Court
Court of Appeal
Civil Division
Normally 3 judges
Hears appeals from County Courts, High Court and
Employment Appeal Tribunals
Uphold, reverse or order a retrial
Appeal is to the Supreme Court
Foundations in health and safety
The legal framework for the regulation of health and safety
Tort/delict of negligence
Negligence is a tort/delict
Based on the provision of the common law duty of care to a
reasonable standard (principle of liability for loss caused by
failure in the duty of care, in Scotland)
Negligence is generally defined as conduct that falls below
what a reasonable person would do to protect another
individual from foreseeable risk of harm
It is actionable in a civil court for compensation
Foundations in health and safety
The legal framework for the regulation of health and safety
Victimisation
Dismissal - actual or constructive
Appeals against improvement and prohibition notices
Safety representatives and safety committees - pay, time off
and training
Representatives of employee safety - pay and time off
Suspension from work for medical reasons or on maternity
grounds
Foundations in health and safety
The legal framework for the regulation of health and safety
Vicarious liability
Source: RMS.
Foundations in health and safety
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA)
1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
Health and Safety at Work etc Act (HASAWA) 1974
Scope
Section 1
Scope
Section 2 - duties of employers to employees
Section 2(1)
To ensure so far as is reasonably practicable the health,
safety and welfare at work of employees
Foundations in health and safety
Health and Safety at Work etc Act (HASAWA) 1974
Scope
Section 2 - duties of employers to employees
Section 2(2)
Safe plant and systems of work
Safe use, handling, storage and transport of goods and
materials
Provision of information, instruction, training and
supervision
Safe place of work including means of access and egress
Safe and healthy working environment and welfare
arrangements
Foundations in health and safety
Health and Safety at Work etc Act (HASAWA) 1974
Scope
Storage of gas cylinders/Office workplace
Source: RMS.
Foundations in health and safety
Health and Safety at Work etc Act (HASAWA) 1974
Scope
Section 2 - duties of employers to employees
Scope
Section 2 - duties of employers to employees
Scope
Scope
Scope
Scope
Scope
Scope
Section 6 - duties of those who manufacture etc
Scope
Scope
Section 8 - duties of all persons
Scope
Section 9 - duty of employer not to charge
Scope
Section 36 - offences due to the fault of another person
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
Management of Health and Safety at Work Regulations
Scope
The MHSWR 1999 set out some broad general duties which
apply to almost all kinds of work
They are aimed mainly at improving health and safety
management
You may already be familiar with broad health and safety
law of this kind - as it is the form taken by the HASAWA
1974
The Regulations work in a similar way and in fact they can
be seen as a way of expanding on what is already in the
HASAWA 1974
Foundations in health and safety
Management of Health and Safety at Work Regulations
Scope
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
Responsibilities of clients and contractors
Source: RMS.
Foundations in health and safety
Responsibilities of clients and contractors
Effective planning and co-ordination of contracted
work
Co-operation and co-ordination
MHSWR 1999 - Regulation 11 - Co-operation and co-ordination
Employers who work together in a common workplace, such
as where contracted work is carried out in the workplace of
a client, have a duty to co-operate in order to discharge their
duties under relevant statutory provisions
This will include consideration of each other when
conducting risk assessments and provision of procedures
for serious or imminent danger
Foundations in health and safety
Responsibilities of clients and contractors
Designer duties
Where a project is notifiable, the client shall:
Not commence until a CDM co-ordinator has been
appointed
Provide the CDM co-ordinator with information for inclusion
in the health and safety file
Foundations in health and safety
Responsibilities of clients and contractors
Management controls for significant construction projects
Duties and responsibilities
CDM Co-ordinators duties
Be in a position to give advice to clients
Ensure co-operation between persons involved in the project
Ensure designers include the principles of prevention
Liaise with principal contractor regarding health and safety
plan/file
Identify and collect pre-construction information
Ensure designers comply with their duties
Ensure co-operation between designers and principal contractor
Prepare a health and safety file and deliver to the client
Notify the HSE
Foundations in health and safety
Responsibilities of clients and contractors
Provision of information
Contents
1.1 The scope and nature of occupational health and
safety
1.2 The moral and financial reasons for promoting good
standards of health and safety
1.3 The legal framework for the regulation of health
and safety
1.4 Health and Safety at Work etc. Act (HASAWA) 1974
1.5 Management of Health and Safety at Work
Regulations (MHSWR) 1999
1.6 Responsibilities of clients and contractors
1.7 The court and tribunal structure for Scotland
Foundations in health and safety
The court and tribunal structure for Scotland
Introduction
Source: RMS
Criminal law
Prosecution of crime in the Scottish Courts is taken by the Lord
Advocate or his local representative, the regional Procurator
Fiscal in each Sheriff Court district
The Lord Advocate is the head of the Crown Office, which is
the administrative headquarters of the Procurator Fiscal service
There are two types of criminal procedure in Scotland
In summary procedure in Sheriff and District Courts, the judge
sits without jury and decides both questions of facts and law
In solemn procedure in both High Court of Judiciary and Sheriff
Court, trial is before a judge and jury of 15 lay people
- Judge decides questions of law
- Jury decides questions of fact
Foundations in health and safety
The court and tribunal structure for Scotland
Penalties
Civil law