26) Explain using examples, the
difference between Civil & Criminal law.
Civil law:-
Largely judge made
Based on president
g. Tort of negligence
Criminal Law:-
Laid down by parliament.
Breach of statutory duty is a
criminal offence as well as a possible tort were rewarded.
g. Health, Safety & Work
Act.
27 A) Outline the specific duties placed on an employees under the H & S at Work etc. Act 1974 to ensure the H & S of non. Employees. ( sec. 3 & 4) HSWA 1974.
Not exposing person to risk.
Providing safe access &
egress.
Place of work.
Plant & substances.
Providing information.
B) State the action an enforcement officer could take where an employer fails to carryout these duties.
Form verbal or written
advice/instruction.
Thorough formal improvement or
prohibition notices.
Seizure of articles or
substances.
28) Explain using examples, the differences between Regulations & Approved code of practices.
H & S Regulations:-
1) Generally made under the H & SWA- 1974 by Secretary of state.
2) Contain statutory requirements which if not the imposition of a fine or the issues of an enforcement notice by the appropriated met by the person on whom they are maid.
3) M lead to prosecution in the courts enforcement authority.
Approved Code of Practices:-
Approved by the HSC (health Safety Commission) with the consent of Secretary of state.
They provide practical
interpretation of legal requirements in specific areas.
They do not themselves impose
any legal requirement, they may be produced in the court as a supportive
evidence.
29) Describe the general hierarchy of measures for the safeguarding of dangerous parts of machinery as required by the Provision and Use of Work Equipment Regulations 1992.
Machine guarding.
Starting with fixed guards &
ending with information.
Instruction & training
30) Explain using examples, the meaning of the term, ‘ so far as is reasonably practicable’.
Balancing risk against cost (in terms of time, cost, trouble).
“ 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”.
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