1
Q
express terms (contract law)
A
- specific details of what the contract covers
- must not be unfair
- covers unusual circumstances
- clear what is covered
- agreed by all parties at the time of the contract
2
Q
implied terms (contract law)
A
- neither written into the contract or specifically agreed
- open to interpretation
- include terms - mater of fact & customers and practice
- determined by a court of law
3
Q
health and safety information that should be stated in a contract
A
- provision for a safe working environment
- provision for safe plant & equipment
- need to draw up procedure to deal with emergencies
- provide instruction, information & supervision
- ensure adequate welfare facilities are in place
4
Q
corporate prohabition
A
- a supervision order imposed by court on a company which has committed a criminal offence
- the company must review its - policy & training as a way of reducing accidents and changing the culture
- the penalty matches the business
- can disqualify directors and force the introduction of new procedures
- requires senior managers to alter the way that HS is managed to prevent a similar incident occuring
5
Q
adverse publicity order
A
- name & shame the organisation
- make the company change its conduct through public perception
- the organisation can be told to publish its health and safety results
- this is at the expense of the company and includes terms of remedial action such as conviction, particulars and the amount that they have been fined
6
Q
punitive damages
A
- Monterey sum awarded to the claimant
- not awarded to compensate
- awarded to punish the defendant for wilful and malicious acts and deter the defendant from committing the offence again
- amount awarded is decided by the court of law
- this is over & above the sums awarded
- to punish to signify disapproval
7
Q
no fault liability
A
- is a liability which is independent of any wrongful intent or negligence
- an injury alone is sufficient to cover the liability
- compensation is paid either by the insurance company or from a government fund
8
Q
duty of care (3 duties)
A
- owed by employer to employee
- employer acted in breach of that duty by not doing everything that was reasonable to prevent foreseeable harm
- breach of duty which led directly to harm or loss
9
Q
prescriptive legislation provides specific advice and rules to follow
- limitations
- benefits
provide minimum standards for management and enforced by regularly by trained qualified inspectors
A
benefits
- clear and easy to apply
- provides a level playing field for all
- not difficult to enforce
- does not require a high level of expertise
limitations
- inflexible
- may not be appropriate in all circumstances
- does not take into account local risks
- needs frequent revison
10
Q
goal setting legislation - objectives to be achieved
- benefits
- limitations
provide minimum standards for management and enforced by regularly by trained qualified inspectors
A
benefits
- flexible
- can be applied to a wide range of business
- less likely to become out of date
limitations
- open to interpretation
- duties may be unclaer until tested in a court of law
- more difficult to enforce
- may require a high level of expertise to achieve compliance
11
Q
ILO - influence on health and safety standards in different countries
A
- development of international labour standards through conventions which are supplemented by recommendations containing detailed provisions
- ratification of conventions by members states - this commits them to apply to the terms of the convention in national law and practice
- member states have to submit reports to the ILO detailing their compliance to the conventions that they have ratified
- initiation of representation and complaint procedure against countries for violation of a convention that has been ratified
- provision of technical assistance to members states - where seen necessary and indirectly through pressure applied internationally on non participating countries who adopt ILO standards
12
Q
main aims of the ILO
A
- to promote the right to work
- to encourage decent employment opportunities inc good health & safety standards
- enhance social protection
- strengthen dialogue in handling work related issues
13
Q
limitations of legislation in the workplace
A
- prescriptive vs goal setting
- insufficient resources available for inspecting the workplace
- penalties awarded are insufficient deterrent
- employers / workers unfamiliar with legislation
- lack of involvement (employers, trade unions, workers & standard setting)
14
Q
individuals and bodies external to an organisation that a company may need to provide information to
- legal
- good practice
A
Legal reasons
- enforcing authorities - info required by law or ILO / code of practice / part of inspection or investigation
- emergency services - inventory of hazardous substances / flammable substances stored & used on site / access & egress
- customers - HSE info on articles & substances they might use for work activities
- public - emergency action plans for major hazards - part of community relations
- visiting contractors - safe working arrangements & procedures
- waste disposal contractors - info on controlled hazardous waste produced by the organisation
- transport contractors - precautions to be taken when transporting hazardous substances from the organisation
- legal claims
good practice
- trade associations & unions - performance & social responsibility
- insurance companies - safe management system
- shareholders - organisations level of performance as far as HSE is concerned
15
Q
the role of HS legislation in the workplace
A
- provides workers with minimal standards - employer compliance - prevents injuries
- ensures the appointment of competent workplace legislation
- prescriptive vs goal setting
- can address the specific regional needs, may harmonise standards amongst countries
- provides a civil route for obtaining compensation even if no fault liability exists
- demonstrates compliance with ILO conventions
16
Q
ratified international conventions
A
- aprox 70 conventions dealing with occupational health
- status comparable to that of multinational international treaties
- conventions create binding obligations for countries that ratify them - basis of national law
- any complaints of non compliance can be investigated by the ILO
- role - is to lay down the basic principles to be implemented by ratifying states and their provisions are used as basis for establishing national law
- they require states to report on their application of convention and the extent of the states compliance may be examined
17
Q
ratified international reccomendations
A
- aimed at member states
- do not have the binding force of conventions
- may stand alone without being linked to conventions
- role - stimulate & guide national programme for members states
- linked to a convention, they will elaborate on its provisions and provide more detail on how they may be applied
18
Q
methods used to enforce legislation include
A
- inspection of premises
- power of inspectors
- improvement notice
- prohibition notice
19
Q
inspection of premises
A
- with or without appointment
- to conduct an investigation
- to check that appropriate action has been taken as a result of a previous visit
- to investigate an accident, ill health or dangerous occurance
- to investigate a complaint
20
Q
powers of inspectors
A
- enter a premises at a reasonable time
- bring a police person with them
- complete an investigation / examination
- direct that the premises are left undisturbed as ling as necessary
- take measurements and photos
- dismantle and test equipment & substances
- require statements
- inspect and take copies of documents
21
Q
improvement notice
A
- when a company is contravening 1 or more statutory provisions
- it is likely that contraventions will continue
22
Q
prohibition notice
A
- when actions are being carried out or likely to be carried out which involve the risk of serious injury to personnel
