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When forming the contents of a risk assessment. The following buzz word could be used
IDERR
• Identify the hazards
• Decide who could be harmed
• Evaluate the risks and decide on the precautions required.
• Record your findings
• Review the risk assessment as necessary.
For a conviction what are the terms known in the criminal court and the civil court.
In the criminal court the term is burden of proof. Or beyond reasonable doubt.
In civil court the term is the balence of probabilities.
What would be a tort of negligence
This would be a civil claim and the person suing would have to prove that the employer has failed on a list of criteria
• that the duty of care is owed. ,,( an incident took place during the course of their employment).
• that the duty of care has been breached (employer is at fault for not looking after their employees,,)
• the breach resulted in the specific injury, disease, damage and or loss suffered.
For A employers defence the following could be used.
* there was no duty if care owed
* the duty of care has not been breached.
* any harm caused was not a direct link to any breach.
* any harm was not foreseeable.
* contributory negligence ( employee aware that they may be harmed)
* employer can deny the facts
* volenti non fit injura ( employees volunteered).
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