Category: Health & Safety

Roles and Responsibilities of Employers, Directors and Managers

The Robens Report (1972) recommended a broad goal setting, non-prescriptive model of health and safety legislation based on the view that “those that create risk are best placed to manage it”. The Report also considered that the promotion of safety and health was an essential function of day-to-day good management and that it should not

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How Health and Safety Management Systems Work

The main components of a Health and Safety Management System (HSMS) include both policy – a ‘mission statement’ for health and safety that provides a mechanism for management control and accountability – and arrangements for implementation, monitoring (including audit) and continual improvement. Formalising these arrangements removes the potential arbitrariness of processes developed by a few

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The Benefits of a Health and Safety Management System

The main components of a Health and Safety Management System (HSMS) include both policy – a ‘mission statement’ for health and safety that provides a mechanism for management control and accountability – and arrangements for implementation, monitoring (including audit) and continual improvement. Formalising these arrangements removes the potential arbitrariness of processes developed by a few

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Health and Safety and Criminal Law – An Overview

When an employee is injured at work and seeks to make a personal injury claim the employee may sue under the tort/delict of negligence, or the tort/delict of breach of statutory duty. Negligence Negligence may be explained as careless conduct injuring another. For the injured party (claimant) to succeed in a negligence claim, he must

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Health and Safety and Criminal Law – An Overview

Health and Safety at Work Act The Health and Safety at Work Act is still the main health and safety legislation in the UK. It is an Act of Parliament (primary legislation) that prescribes general duties to all at work, regardless of the work activity or context. Failure to comply with a duty under the

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Sources and Types of Law Relating to Health and Safety

Sources of law The law is made in two different ways, i.e. there are two sources of law – common law or statute. Statute law takes priority over common law and may be enacted to address a perceived inequity in the common law. Common law often aids the interpretation of statute law as terms are

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Moral expectations of good standards of health and safety

Society exerts pressure through three overlapping and interacting spheres of influence: moral, legal and financial.     Moral Drivers Morals are the codes of conduct, or rules of behaviour imposed by a society regarding what is right and wrong. For people to be killed, or seriously injured, or to suffer illness as a consequence of

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Negligence and Health and Safety – A Brief Overview

Negligence Negligence may be explained as careless conduct injuring another. For the injured party (claimant) to succeed in a negligence claim, he must prove: That the defendant (usually the employer) owed him a duty of care; That this duty was breached. The duty of care is breached if the defendant has failed to exercise the

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The health surveillance cycle

Health surveillance is any activity which involves obtaining information about employees’ health and which helps protect employees from health risks at work. The objectives for health surveillance are: Protecting the health of employees by early detection of adverse changes or disease; Collecting data for detecting or evaluating health hazards; Evaluating control measures. As part of

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