Foundations in Health

Outline the scope and nature of occupational health and safety ■ Explain the moral, legal and fi nancial reasons for promoting good standards of health and safety in the workplace ■ Explain the legal framework for the regulation of health and safety, including sources and types of law ■ Explain the scope, duties and offences of employers, managers, employees and others under the Health and Safety at Work etc. Act 1974 (HSW Act) ■ Explain the scope, duties and offences of employers, managers, employees and others under the Management of Health and Safety at Work Regulations ■ Outline the legal and organisational health and safety roles and responsibilities of clients and their contractor ■

The defi nitions of hazard, risk, civil law, criminal law, common law and statute law … The employer’s duty of care and other common law and statutory duties … Criminal offences and defences … Civil liabilities and defences (particularly negligence) … The business case for health and safety (direct, indirect, insured and uninsured costs) … The legal framework – the Health and Safety at Work Act, the Management of Health and Safety at Work Regulations, absolute and qualifi ed duties … The powers of the enforcement offi cer, health and safety offences, including corporate manslaughter and corporate homicide, and penalties … The role and functions of other external agencies … The health and safety responsibilities and duties of employers to their employees and others affected by their undertaking, such as contractors, general public, visitors, patients and students … The health and safety responsibilities of directors, managers, supervisors, employees and the self-employed … Duties and responsibilities of manufacturers and others in the supply chain … The duties and responsibilities between client and contractor to ensure a high standard of health and safety during the contract … The legal duties under the Construction (Design and Management) Regulations …

■ Accident – an unplanned event that results in damage, loss or harm

■ Hazard – the potential of something to cause harm

■ Risk – the likelihood of something to cause harm

■ Civil Law – duties of individuals to each other

■ Criminal Law – duties of individuals to the State

■ Welfare – provision of facilities to maintain health and well-being of people in the workplace (e.g. washing, sanitary and fi rst aid)

■ Residual risk – remaining risks after controls applied

■ Near miss – any incident that could have resulted in an accident

■ Dangerous occurrence – a near miss that could have led to serious injury or loss of life

■ Common Law – law based on court judgments

■ Statute Law – law based on Acts of Parliament.