21) Law
A) Explain the meaning of term ‘negligence’.
“Breach of the duty to take
reasonable care and loss arising from this”. E.g. provide safe system of work,
competent person”.
B) Outline the defenses available to employees in case of alleged negligence.
No duty of care.
No breach.
No loss of contributory
negligence.
Volant non fit injuria.
22) Explain the meaning of the term ‘so far as reasonably practicable’.
“ So far as reasonably practicable means that the degree of risk in a particular activity or environment can be balanced against cost, time, trouble & physical difficulty of taking measures to avoid the risk”.
23) Outline the types of H & S issues that are dealt with by industrial tribunals.
Appeal against improvement and prohibition notices.
Dispute about paid time off for
training for safety representatives.
Unfair dismissal relatively to H
& S.
24 A) Outline the duties of employees under the H & S at work etc. Act 1974.
To take personal care of themselves & other.
To cooperate with employees
& others.
Not to interfere with, or misuse
anything provided for their health & safety.
B) State the maximum penalties available for breaches of the H & S at work etc. Act 1974 by employees.
Different maximum penalties in a
magistrate court compared with a crown court.
25 A) Explain under what circumstances an employer must form a H & S committee.
Safety representatives & safety committee Regulations 1977.
Where requested in writing by two or more trade union appointed safety representatives.
B) Explain why a health & safety committee could be ineffective.
Lack of management commitment
& motivation.
No formal agenda
No input to the decision making
process
Unsuitable topics and no
valuable expertise being cited as reason for ineffectiveness.
Poor chairman ship.
Lack of communication between
staff and workers member of the committee.
Minutes of meetings are not
prepared.
Follow up action on previous
recommendation suggested.