56) Outline the general duties placed on employees by section
7& 8 of health and Safety at work etc Act 1974.
Section 7:
Taking care at work i.e. to
take reasonable care of themselves and others who might be affected by their
acts & omissions.
To cooperate with employees
and others to enable them to fulfill their statutory duties.
Section 8:
Not to intentionally
recklessly interfering with or misusing anything provided in the interests of
H, S & Welfare.
57) Outline a specific duties placed on employers by the managements of H & S at work Regulations 1992.
Section 12: a new duty on employees.
To use all machinery, equipment, dangerous substances, means of production, transport equipment and safety devices in accordance with any relevant training and instructions, and to inform their employer or specified fellow employees of dangerous situations and shortcoming in the employees H & S arrangements.
58) Explain the difference between Civil & Criminal Law.
Civil Law:
Protects the rights of the individuals.
Normally involves one party
suing another for damages.
It is usually in the form of
compensation awarded the aggrieved party.
It is a balance of
probability.
Criminal Law:
To protects the rights of society.
Enforced by the State ( by
prosecution).
The remedy in criminal law
is punishment, e.g. fines, prison.
The Burdon of the proof
required in criminal cases is to find beyond reasonable doubt.
59) Define the term ‘negligence’.
A tort involving a breach of common law duty to take reasonable care.
60) Outline the THREE standards that must be met for an employee to prove a case of alleged negligence against an employer.
A duty of care is owed.
A breach of the duty
occurred in that the employer failed to take reasonable care.
The breach led directly to
the loss or damage or injury, use an appropriate example for this purpose.