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Who does the HASAWA apply to?
Employers
Employees
Manufacturers
Designers
Self-employed
Suppliers
Landlords
What are the main duties of the HASAWA?
Section 2 - general duties of employers to their employees
Section 3 - duties of employers & self-employed to people who are not their employess
Section 4 - duty of person in control of premises for H&S of non-employees
Section 6 - duties of designers, manufactures,importers,suppliers & installers
Section 7 - general duties of employees at work
Section 8 - duty to not interfere with or misuse anything provided in the interest of H&S or welfare
Section 9 - duty of employer not to levy a charge on employees
Section 36 - offences due to fault of another person
Section 37 - offence by a body corporate
Section 40 - onus of proving limits of what is practicable etc
What does the corporate manslaughter ad corporate homicide act 2007 mean?
As a result of serious management failures resulting in a gross breach duty of care, companies/organisations can be found guilty of corporate manslaughter.
To be guilty of corporate manslaughter .....
Must be committed by organisation, not individual
Requires a breach of duty of care under the law of negligence
Breach is a gross breach
Death cause by gross breach of duty
Substantial element in the breach is the way in which the organisations activities are managed or organised by its senior management
If found guilty of corporate manslaughter....
Unlimited fines - seldom less the £500,000
Publicity orders - punish large corporations that won't b affected by fine. More affected by adverse publicity upon its reputation
Remedial orders - require them to address the cause of injury
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