NEBOSH National Diploma | Unit A
CONTENTS
Element Title Page
A7 Principles of Health and Safety Law
INTRODUCTION ...... 7-2
SOURCES AND TYPES OF LAW ...... 7-3
STATUTE LAW...... 7-3 COMMON LAW ...... 7-4 CRIMINAL LAW...... 7-5 CIVIL LAW ...... 7-5 BURDEN OF PROOF ...... 7-6 LAW OF CONTRACT ...... 7-6 EMPLOYMENT LAW IN RELATION TO HEALTH AND SAFETY...... 7-9 DISCRIMINATION...... 7-13 REVISION QUESTIONS...... 7-21 ABSOLUTE AND QUALIFIED DUTIES...... 7-22
THE CONCEPT OF ABSOLUTE AND QUALIFIED DUTIES ...... 7-22 DEFINITION OF TERMS...... 7-22 REVISION QUESTION ...... 7-24 ROLE OF THE EUROPEAN UNION ...... 7-25
INFLUENCE AND ROLE OF THE EUROPEAN UNION REGARDING UK HEALTH AND SAFETY LEGISLATION...... 7-25 COMPOSITION AND ROLES OF THE MAIN INSTITUTIONS ...... 7-26 INSTRUMENTS IN EU LAW ...... 7-30 DIRECTIVES ...... 7-30 THE EUROPEAN COURT OF JUSTICE ...... 7-35 REVISION QUESTIONS...... 7-37 UK LEGISLATIVE FRAMEWORK...... 7-38
STATUS AND PROCEDURE FOR MAKING UK ACTS OF PARLIAMENT, REGULATIONS AND ORDERS ...... 7-38 USE OF SOCIO-TECHNICAL COST-BENEFIT ANALYSIS IN THE ECONOMIC ASSESSMENT OF PROPOSED LEGISLATIVE/REGULATORY CHANGE .7-41 REVISION QUESTIONS...... 7-43 STRUCTURE OF THE COURTS ...... 7-44
FUNCTIONS, JURISDICTION AND POWERS OF THE COURTS AND TRIBUNALS ...... 7-44 BASIC PROCEDURES FOR PROSECUTIONS AND CIVIL ACTIONS...... 7-50 PROCEDURES OF EMPLOYMENT TRIBUNALS IN MATTERS OF HEALTH AND SAFETY...... 7-53 RIGHTS AND RESPONSIBILITIES OF ACCUSED PARTIES AND WITNESSES...... 7-55 THE APPEALS SYSTEM ...... 7-56 REVISION QUESTIONS...... 7-57
ENFORCEMENT OF HEALTH AND SAFETY LAW...... 7-58
AUTHORITIES EMPOWERED TO ENFORCE HEALTH AND SAFETY LEGISLATION ...... 7-58 DIVISION OF RESPONSIBILITIES BETWEEN ENFORCING AUTHORITIES ...... 7-58 POWERS OF ENFORCING AUTHORITIES AND THEIR INSPECTORS ...... 7-60 OBLIGATIONS OF ENFORCING OFFICERS ...... 7-62 OFFENCES AND MAXIMUM PENALTIES UNDER THE LAW ...... 7-63 OPTIONS FOR ENFORCEMENT ACTION ...... 7-64 IMPLICATIONS OF SECTIONS 36 AND 37 OF HSWA AND MHSW REGULATION 21 ...... 7-68 APPLICATION OF MANSLAUGHTER AND CORPORATE MANSLAUGHTER TO WORK-RELATED INCIDENTS...... 7-71 REVISION QUESTIONS...... 7-76 SUMMARY ...... 7-77
NEBOSH National Diploma - Unit A | Managing Health and Safety
NEBOSH National Diploma | Unit A
Element A7 | Principles of Health and Safety Law
Learning Outcomes On completion of this element, you should be able to: