31a) Outline the H & S
issues that can be heard by an industrial tribunal.
Appeals against enforcement notices.
Issues relating to the Safety
Representatives.
Safety Committee Regulations
1977.
Claims of Unfair dismissal.
b) Outline the remedies available to Industrial Tribunals.
Powers to uphold or overturn
notices.
To award compensation.
To order the reinstatement of
employees who have been unfairly dismissed.
32) Explain using one example in each case, four requirements at the PUWER -1992.
1) Suitability:- Design of equipment (e.g. Excavation)
2) Maintenance:- Mechanical failure (e.g. high speed & high risk machineries).
3) ‘IT IS’ – safe work system, reduce residual risk, peoples, manufacturers.
4) Protection against danger: reg 11- point of action/operation.
5) Controls:- Switch, access, pressure-PSV.
6) Isolation:- Noise.
7) Stability.
33) Explain the difference between Civil & Criminal Law.
Civil Law:-
Protects the rights of the individual.
Civil law normally involves one
party suing another for damages.
Civil law it is usually in the
form of compensation awarded to the aggrieved party.
In civil law proof required is
on a balance of probability.
Criminal Law:-
To protect the rights of the society.
Criminal law is enforced by the
state (by prosecution).
The remedy in criminal law is
punishment (i.e. fine, imprisonment).
The Burdon of proof required in
criminal cases is to find beyond reasonable doubt.
34 A) Explain using an example in each case the circumstances under which a Health & safety may serve.
An improvement Notice:-
Improvement Notice can only be
served when an inspector is of the opinion that there is a breach in H & S
law or that there is a breach which is likely to continue or be repeated.
ii) A prohibition notice is issued when an inspector believes that there is or likely to an imminent risk of serious personal injury.
B) 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 a prohibition notice will not affect the notice; it will stay in force during the appeal period. (Unless the tribunal directs otherwise, do not forget to provide an example of each).
35 A) Define the term ‘negligence’.
“A tort involving a breach of common law duty to take reasonable care”.
B) 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 duty occurred in
that the employee failed to take reasonable care.
The breach led directly to the
loss or damage or injury, (use an example).