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14 Cards in this Set
- Front
- Back
CMCHA07, 1(2), qualifying organisation
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- a corporation
- a department or other body in Sch 1 - a police force - a partnership,trade union or employer's association that is an employer |
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CMCHA07, s2(1), relevant duty
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A relevant duty means any following duty owed under a law of negligence:
- Employees/others working for the organisation - Duty as occupier - Duty in connection with: - Supply by O of goods/services - Work by O in construction/maintenance - Any other commercial activity by O - Use or keeping by O of plant, vehicle or other thing - Anyone else for whose safety the O is responsible |
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CMCHA07, s1(4)(b)
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A breach is “gross” if the conduct falls far below what can reasonably be expected of the organisation in the circumstances
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CMCHA07, s8
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- serious the failure was
- How much of a risk of death - Attitudes, policies or accepted practices - any H&S guidance related to breach Jury can consider anything else too |
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Level of failure required
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S1(3)
Need failure at senior level be substantial part of breach |
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A senior manager is...
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1(4)(c)
- Decisions about organising large part - Actually organising large part |
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Examples of management failure
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- Poor training
- Procedures not followed - Poor operational - Failure health and safety systems |
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Health and Safety at Work Act 1974, s2(1)
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Employers, so far as is practicable, are required to ensure H&S at work of all employees
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Health and Safety at Work Act 1974, s3
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Employers and the self-employed should work in such a way as not to risk those not in their employment
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Aggravation/mitigation of fines
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Sentencing Guidelines Council 2010
- Seriousness (foreseeable injury, isolated or endemic) - Aggravating (e.g. unremedied near miss) and mitigating (promptly accept responsibility) - Size and circumstances of D; not only turnover but assets - Effect of punishment on innocent employees; in extreme cases you can fine them out of business |
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s10 publicity order
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- Details of the offence, conviction, fines, and remedial orders made
- Failure to comply means yet more fines |
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CMCHA07, s20
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Common law manslaughter by gross negligence by corporations is abolished
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Company Directors Disqualification Act 1986, s2
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Disqualification as director
- If convicted of indictable offence relating to how company managed, court can make a disqualification order |
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CMCHA07, s18
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Conviction as accomplice is not possible
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