Relates to the general well being of primarily employees. Promotion of conditions that help to provide for their needs in respect of:
1 - Health
2 - Comfort
3 - Social and personal well being.
Not a specific concern of H&S but H&S measures may help to promote it.

1) The workplace general conditions in the immediate vicinity e.g. Lighting, noise, heat etc.

2) External environment. Pollution or damage, due to workplace activities, of air, land, water and living creatures.

1) Moral.
2) Legal
3) Economic or financial.

Legal cases indicate requirements such as "Safe Place of Work" change over the years and act as drivers for increasing standards.

Better staff may only work for employers with high standards.

Media ensures best practice is known by everyone and establishes a norm that people expect.

1. Damaged product.
2. First aid and treatment costs.
3. Repair or replacement of damaged equipment.
4. Worker sick pay.
5. Production downtime.
6. Overtime.

1. Low worker morale.
2. Damaged business reputation.
3. High staff turnover and associated recruitment costs.

1. Special legal status.
2. Give guidance of how to comply with duties set out in regulations.
3. May be used as evidence.
4. Defendant must show other means of compliance that was as least as effective.

Purely advisory. No legal status.

What is the difference between criminal and civil law in respect of: Remedy sought?

Criminal law:
Punishes through fines or imprisonment.

Civil law:
Seeks restitution for wrong done in the form of damages for losses suffered.

What is the difference between criminal and civil law in respect of: Burden of proof?

Criminal law:
Proved guilty beyond reasonable doubt.

Civil law:
Determined on the balance of probabilities.

What is the difference between criminal and civil law in respect of: Who starts action?

Criminal law:
Action started by state.

Civil law:
Action started by aggrieved person.

Inferior court always follows decisions of higher court.
Once judgement has been made, that decision will apply to any future cases that match the circumstances of the first

Regulations which have the full force of statute law.
Made under powers given to Goverment Ministers under Acts of Parliament such as HSWA.

Principally Wilsons & Clyde Coal Company Ltd v English 1938.

1. A safe place of work with safe access to and from it.
2. Safe plant and equipment.
3. A safe system for doing the work.
4. Safe and competent workers.
5. Appropriate supervision, information, instruction and training.

What is the difference between and improvement notice and a prohibition notice?

Prohibition notice:
Served in anticipation of danger when inspector thinks imminent danger exists or will be created in future.

Improvement notice:
Served where contravention of H&S law is taking place or has taken place and is likely to continue (but is not necessarily dangerous).

Does an appeal against an enforcement notice suspend the notice?

Improvement notice:
Appeal has the effect of suspending the operation of the notice until appeal is heard or withdrawn.

Prohibition notice:
Prohibition remains in force unless the person appealing applies for the notice to be suspended and a tribunal gives permission.

Hear appeals against enforcement notices.
Hear appeals from safety reps who feel that their rights have not been upheld by the employer.

The defendent was under a duty of care to the claimant (injured party).

The claimant suffered damage as a direct result of the breach.

HSWA is an enabling Act and describes only general duties. The detail of what these duties involve is provided by the various regulations. These regulations are made under the Act.

1. The H&S Executive and
2. the local authoritires.

To enter premises at any reasonable time.

1. To take along a police officer if they believe they are going to be obstructed.
2. To take along technical assistance or equipment if necessary.
3. To take photographs, drawing and measurements.
4. To carry out any necessary examinations and investigations.
5. To direct that premises (in whole or in part) or items within the prmises are left undisturbed.
6. To take samples of articles or substances and of the atmosphere.

Those which have to be complied with at all times and in all circumstances.
Whoever has the responbsibility of compliance has no choice about it.
The word SHALL is used to impose an absolute duty.

Only have to be complied with under certain conditions
1) where practicable means where it is technically possible
2) where reasonably practicable means where the level of risk justifies the cost measured in time, trouble and money of reducing the risk.

1. Their H&S policy.
2. Examples of risk assesments.
3. References.
4. Insurance.
5. Qualifications of staff.
6. Membership of professional organisations.
7. Test and maintenance records for plant and equipment.
8. Accident history.

Construction phase planned to last over 30 days or involve more than 500 person days.

Appoint competent people to act as:

1. CDM co-ordinator.
2. Principal contractor.
3. Ensure appointed designers and contractors are competent.
4. Allocate adequate resources for H&S and ensure appointed persons have adequate resources.
5. Ensure initial H&S plan has been prepared before construction phase starts.
6. Provide information to CDM co-ordinator regarding hazards on land or buildings.
7. Retain H&S file and make it available to those who work on the site/structure in the future.

1. Co-ordinates H&S at the design and planning phase.
2. Co-ordinates the Preparation of an initial H&S plan.
3. Notification of projects to HSE.
4. Preperation of H&S file.
5. Hands over H&S file to client on completion.