Answers to Review Question on Health and Safety at Work

ANSWERS TO REVIEW QUESTION ON HEALTH AND SAFETY AT WORK Que. 6

Define the following terms: a. b. c. d.

Hazard Risk  Fire Occupational health

Answer: a. Hazard is defined as the potential of a substance, person, activity or process to cause harm. b. Risk is the likelihood of a substance, activity or process to cause harm. c. Fire is defined as a chemical reaction involving rapid oxidation or burning of fuel. d. Occupational health is concerned with those illness or physical and mental disorders that are either caused or triggered by workplace activities. Que. 1

Outline the main functions of (i) criminal law (ii) civil law Answer: (i)

Criminal law consists of rules of behavior laid down by the government or the state and normally, enacted by parliament through Acts of Parliament. These rules or acts are imposed on the people for protection of the people. Criminal law is enforced by several different government agencies that may prosecute individuals and organization for contravening criminal laws. It is important to note that except for very rare cases, only these agencies are able to decide whether to prosecute an individual or not. An individual or organization who breaks criminal law is deemed to have committed an offence or crime and if he/she is prosecuted, the court will determine whether he/she is guilty or not. If the individual is found guilty, the court could sentence him/her to a fine or imprisonment. Owing to this possible loss of  liberty, the level of proof required by a criminal court is very high and is known as proof beyond reasonable doubt which is as certainty as possible. Although the prime objective of criminal court is the allocation of punishment, the court can award compensation to the victim or injury party.

(ii)

Civil law concerns dispute between individuals or individuals and company to address a civil tort or wrong. The individual who brings the complaint to court is known as the plaintiff and the individual or the company who is being sued is known

as the defendant. The civil court is concerned with liability and the extent of liability rather than guilt or non guilt. Therefore the level of proof required is based on the balance of probability which is lower level of certainty than that of beyond reasonable doubt required by the criminal law. If the defendant is found to be liable the court would normally order him/her to pay compensations and possibly costs to the plaintiff. However, the lower the balance of probability, the lower the compensation awarded. In the extreme cases, where the balance of probability is just over 50%, the plaintiff may ‘win’ the case but lose financially because costs may not be awarded and the level of compensation low. The level of compensation may also be reduced through the defence of contributory negligence. For cases involving health and safety, civil disputes usually follow accidents or illness and concern negligence or a breach of statutory duty. Although actions are between individuals where the defendant is an employee who was acting in the course of his employment during the alleged incident, the defence of the action is transferrable to his employer in what is called vicarious liability. The employers’ liability act makes it a legal requirement for all employers to have employers’ liability insurance. This insures that any employee who successfully sues his/her employer following an accident is assured of receiving compensation irrespective of the financial position of the employer.

(1b)

Explain using a relevant example the circumstances under which a health and safety inspector may server and improvement notice. There is one important difference between procedures for criminal cases in general and criminal cases involving health and safety. The prosecution in a criminal case has to prove the guilt of the accused beyond reasonable doubt whiles in the criminal case involving health and safety, the health and safety at work act 1974 state that where is a duty to something so far is reasonably practicable or so far as is practicable or the use of best possible means, the onus of proof to the accused is to show that there was no better way to discharge his/her duty under the act.

Que. 2

The only tort of real significance in health and safety is negligence. Negligence is defined as the lack of reasonable care or conduct which results in injury, damage (or financial loss) of or to another.

Que. 3

The two major duties placed on employees by the health and safety at work acts 1974 are: i. ii.

To take reasonable care for the health and safety of themselves and others affected by their acts or omissions. To co-operate with the employer and others to enable them to fulfill their legal obligations.

Que. 4

An improvement notice is a notice identifying a contravention of the law and specifying a date by which the situation is to be remedied. There is an appeal procedure which must be triggered within 21 days. The notice is suspended pending the outcome of the appeal. A health and safety inspector may therefore serve an improvement notice in a circumstance where an employer for example breaches the hazardous waste (England and Wales) regulation 2005 code. The safety and health inspector whose attention has been drawn to the breach may serve a notice of improvement to the employer in this case, stating a date by which the situation is to be remedied. The employer has the option to appeal within 21 days or not. If he does, the notice of improvement is suspended pending the outcome of the case in court.