61) Explain the difference
between ‘consulting’ and ‘informing’. [With reference to the H & S
Consultation with Employees Regulations 1996.
Under the H & S at work etc act 1974, employers have a duty to inform employees ( i.e. provide information on hazards, risks and control measures) in order to help to ensure their H & S. this general duty is echoed in a number of regulations made under the act. The health and safety (consultation with employees) regulations 1996, however, require that employees consult their employees on H & S matters (i.e. listen to, and take account of their views) before a decision is taken.
62) Outline H & S matters on which employees must consult their employees.
The introduction of any measures at the workplace that may substantially affect employees H & S, the arrangements for appointing and / or nominating competent persons; the planning and organizations of H & S implications of introducing new technology; and the information that the employee is required to provide under regulations such as that relating to risk assessments, preventing measures and emergency procedures. Hence employees are obliged not only to provide information but they must also consult their employees on the appropriateness of the information before it is given.
63) Define the term ‘Negligence’.
A tort involving a breach of the common law duty to take reasonable care.
64) Outline the Three standard conditions 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 duty occurred in
that the employer failed to take reasonable care.
The breach directly to the loss,
damage or injury.
65) List four categories of personal, other than his own employees, to whom an employer owes a duty to take reasonable care.
HASAWA sect.3:
Visitors: A members of public.
Uninvited persons (trespassers).