46) Explain the differences between ACOP & HSE guidance notes,
giving an example of each.
ACOP:
Approved by HSC with the consent of the secretary of the state.
Failure to comply is not
itself an offence, but may be used as evidence unless some other equally
effective means of compliance can be demonstrated.
The six pack gives two
ACOP’s,
Management’s regulations.
The workplace (HS & W)
Regulation’s.
Guidance notes:
Have no legal standing but are intended to offer practical advice on how compliance might be achieved.
Are generally more
descriptive than ACOP’s.
Four guidance notes out of
six pack.
47) Outline the three conditions that must be met for an employee to prove a case of allege negligence against an employee.
The employer owed a duty of care to the employee.
There was a breach of that
duty of care by failing to provide reasonable care.
The breach laid directly to
foreseeable harm to the employee (injury, disease or other loss).
48) Explain the meaning of the term ‘vicarious liability’.
Employer will be liable for the negligent acts of his employees whilst acting in the course their employment.
49) Explain using an example in each case the circumstances under which H & S inspector may serve.
An improvement notice.
A Prohibition notice.
An Improvement Notice: When
an inspector is of the opinion that there is a breach in H & S law or that
there has been a breach is likely to continued or be repeated.
A prohibition notice is issued when an inspector believes that there is or likely to an imminent risk of serious personal injury.
50) Outline the effect on the notice of appealing against each type of enforcement notice.
An appeal against an improvement notice will suspend the notice until heard by the tribunal.
An appeal against an prohibition notice will not affect the notice it will stay in force during the appeal period (unless the tribunal directs otherwise, do nor forget to provide an example of each.