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5 Cards in this Set

  • Front
  • Back

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