Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
texts
movies
audio
software
image
logo
Toggle navigation
search
Search
Search
upload
person
Q.1. Question
a. Explain the difference between the objectives of a criminal law system and a civil law
system. (2)
Ans The objective of a criminal law system is to punish anyone who breaches the requirements
of that law, whereas the objective of a civil law system is to determine appropriate
recompense for a wronged or injured party.
b. Outline the THREE standard conditions that are usually required to be met to prove a case
Ans. 1 . Firstly, it is necessary to show that the employer owed the injured party a duty of care.
2. Secondly, it needs to be demonstrated that the employer's duty of care towards the
injured person was not fulfilled to the required standard i.e. that the employer had
3. Thirdly, the injury, loss or harm needs to be shown to be a direct result of the employer's
c. Outline the typical actions that might be brought against an employer who has breached
Ans. Typical actions that might be brought against an employer who has breached criminal law in
1 . Providing health and safety advice and guidance to the employer to help him rectify
the breach.
4. Taking out a prosecution against the employer with the intended result of
d. Explain why health and safety legislation might be enforced to different standards in
Ans.
2. There may be differences in the health and safety legislation itself, which forms the
basis against which enforcement action is taken. For example, the fundamental
3. Even with a similar style of legislation, enforcement may vary due to factors within
the enforcing authority and its staff. The authority may not have robust systems in
place to adequately collect and analyse the workplace accidents, incidents and ill-
health that do occur, which would identify accident 'hot-spots' which can be targeted
actions that take place to ensure they are being made in a consistent manner.
5. Additionally, there may be differences in the ability and knowledge of the enforcing
staff, especially where they have to work in widely different industrial settings.
6. Finally, the legal system may specify different levels of penalty for a particular health
and safety offence, and this might be influenced by cultural issues, i.e. how a
Q.2. Outline the key elements of an effective health and safety management system. (8)
Answer:
1. A clear organizational health and safety policy which sets out the arrangements for
2. The organization of staff for managing healthy and safety in terms of appropriate expertise /
process and the incident reporting system, to ensure compliance with legislation and other
standards.
4. The implementation of the planned systems, including the provision of the necessary
reso