The force of law – punishment and compensation

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Question 1 of 6

1. Question
Fill in the blanks in the passage below. Select from the list below.
- civil
- EU
- common
- criminal
- statutory
There are two systems of law that influence the management of health and safety. The BLANK 1 of 2 law establishes a set of rules for acceptable behaviour. In the workplace, the main duties are covered by the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. If the necessary standards are not met the enforcement agencies (either the HSE, the Office of Rail and Road – ORR, or the local authority environmental health department, depending on the nature of the work) may take action to secure improvements and/or punish offenders for breaking the rules. The BLANK 2 of 2 law allows an injured person to sue a third party for compensation for their injury or loss if the injury was caused by the third party’s negligence.
There are two systems of law that influence the management of health and safety.

The Fill in the blank 1 of 2 law establishes a set of rules for acceptable behaviour. In the workplace, the main duties are covered by the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.

If the necessary standards are not met the enforcement agencies (either the HSE, the Office of Rail and Road – ORR, or the local authority environmental health department, depending on the nature of the work) may take action to secure improvements and/or punish offenders for breaking the rules.

The Fill in the blank 2 of 2 law allows an injured person to sue a third party for compensation for their injury or loss if the injury was caused by the third party’s negligence.
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Question 2 of 6

2. Question

Think about the consequences of not working within the law. Select the possible outcomes that you think are correct. (Select two answers only from the following.)

paying worker compensation
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being audited
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imprisonment
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no action taken on a first offence
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Question 4 of 6

Drag and drop the sort elements into the correct spaces.

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Simple Caution
Improvement Notice
Prohibition Notice
Prosecution

Means for dealing with low-level, mainly first time offending when specified public interest and eligibility criteria are met. Appropriate where: • the offender makes a clear and reliable admission of the offence • there is a realistic prospect of conviction if the offender were to be prosecuted • the offender agrees to receive it

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May be served whenever health and safety legislation is being contravened. Will specify the breach of legislation and may specify a means of complying. It must allow a reasonable time (minimum 21 days) to complete any specified works. Any appeal must be made to the Employment Tribunal with 21 days of the date of service. Would be suspended until the appeal was heard.

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May be issued when the inspector considers that there is a risk of serious personal injury. Prohibits the carrying on of the work activity giving rise to the risk of injury. If the risk of injury is imminent, takes immediate effect and stops the work activity at once. If not, it is deferred, specifying the time by which the work activity must cease. Any appeal must be made to the Employment Tribunal with 21 days of the date of service. Would stay in effect until the appeal was heard.

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Any breach of legislation may give rise to this in the criminal courts.

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Question 5 of 6

5. Question

Select which of the following are legitimate powers of health and safety inspectors.

enter any premises which they think it necessary to enter for the purposes of enforcing health and safety law. The power of entry can be exercised without permission or prior notice, at any reasonable time or at any time if dangerous
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order that areas be left undisturbed
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take measurements, photographs and samples
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carry out tests on, and/or confiscate articles and substances
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inspect and take copies of relevant documents
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seize any article or substance which they have reasonable cause to believe presents an immediate danger of serious personal injury and have it made harmless, by destruction if necessary
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interview and take written statements from anyone they think might give them information relevant to their examination or investigation
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Question 6 of 6

6. Question
Type into the space what you think is being outlined below (one word only).

May be explained as careless conduct injuring another. For the injured party (claimant) to succeed in a claim, he must prove:
1. That the defendant (usually the employer) owed him a duty of care;
2. That this duty was breached; and
3. That the claimant was injured as a result of the breach.
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