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  • Health & Safety Memo - General requirements - Legal framework - Sources and structure of health and safety law - Fatal accidents - Corporate manslaughter - 70
    The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) makes it possible for companies to be prosecuted for serious failings in the management of health and safety which lead to a fatality. Corporate manslaughter charges are reserved for the most serious of cases; there have been just 26 convictions since the law came into force. Even for fatal accidents, health and safety prosecutions are more usual. They are easier to prove and, now that the sentencing guideline enables the courts to impose...
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  • Health & Safety Memo - General requirements - Accidents, ill health and first aid - 901
    Accidents can result in a number of direct and indirect costs for employers, only some of which are covered by insurance. The table below shows the typical examples of costs to businesses when an accident happens: Type of cost Insured Uninsured Direct Compensation claims Damage to equipment Fines Sick pay Indirect Business loss Process liability Loss of good will Overtime Damage to reputation Investigation and potential prosecution Indirect costs are generally 8-36 times greater than direct costs
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  • Health & Safety Memo - General requirements - Accidents, ill health and first aid - Reporting and recording - 1000
    The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2015, known as “RIDDOR”, places duties on employers, self-employed people and those who are in control of work premises to report workplace injuries, occupational diseases and dangerous occurrences. They are known as the responsible person. Reports need to be made to the Health and Safety Executive (HSE) and there are different types of reporting procedures depending on what is being reported. The controller of premises is responsible...
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  • Health & Safety Memo - General requirements - Accidents, ill health and first aid - Investigation - 1100
    Accident investigation is a crucial part of health and safety management. It should be carried out to establish both how the event occurred as well as what allowed it to happen. It is important that the information gathered during an investigation is acted upon. The implementation of an action plan after an investigation is vital for improving standards, identifying trends and preventing the recurrence of similar incidents. Investigations can identify flaws in current safety management systems and help to inform...
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  • Health & Safety Memo - Consequences of non-compliance - Investigations and enforcement - Inspections and investigations - 9410
    The HSE has a programme of targeted inspections to focus its resources on those sectors that pose the greatest risks to workers and others. For example, the waste and recycling industry has a significantly higher incidence of fatal accidents and serious injuries than the average across all industries, the main causes of death and injury being accidents involving workplace vehicles and machinery. There is also a higher than average incidence of musculoskeletal disorders (MSDs). Therefore, the waste and recycling...
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  • Health & Safety Memo - Consequences of non-compliance - Investigations and enforcement - Prosecution - Court structure - 9475
    Criminal cases are heard in either the magistrates' or Crown Court. Some offences can only be dealt with by the Crown Court (on indictment), some are dealt with by the magistrates' court (summary offences) and others can be heard in either court (triable either way). Where there is a choice, offences are usually referred to the magistrates, unless there are aggravating factors, such as the gravity of the offence, a poor track record by the employer or a particularly serious accident. When court proceedings...
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  • Health & Safety Memo - Consequences of non-compliance - Compensation claims - 9701
    There are also a number of other possible related claims based on the employment relationship, including: - breach of contract; - wrongful dismissal; - unfair dismissal and the right not to suffer a detriment; - disability discrimination; and - further statutory claims relating to time off for safety representatives/representatives of employee safety, pay on medical suspension, maternity-related rights and whistleblowing. Further, while the employment tribunal has no jurisdiction in relation to negligence claims,...
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  • Health & Safety Memo - Consequences of non-compliance - Compensation claims - Bringing a claim - Civil courts - 9800
    Personal injury claims up to £5,000 are dealt with in small claims courts. With agreement from the High Court, county courts can deal with compensation claims up to £50,000 and these are normally heard by a judge sitting alone. Health and safety compensation claims in excess of £50,000 are held in the High Court heard by a single judge; the civil division of the Court of Appeal hears any appeals.
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