The prosecution have the burden of showing beyond reasonable doubt that certain acts were done or omitted to provide a prima facie case against the accused. Only if the prosecution succeed in this does the defendant have the burden of proving that the alternative was not practicable or reasonable practicable, but only on the balance of probabilities.
The Court of Appeal noted that the "reverse burden" applied to purely regulatory breaches, rather than genuine criminal offences potentially punishable by imprisonment. Before it was passed, the Department for Work and Pensions expressed the opinion that this is still compliant with the ECHR as it "strikes a fair balance between the fundamental right of the individual and the general interests of the community".
The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work. The Commission argued that the "reasonably practicable" defence was much broader than allowed under the directive but in the European Court of Justice found for the UK that the defence was in fact compliant.
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Section 6 10 was added by the Consumer Protection Act  disapplies duties as to articles and substances used at work where a risk "is shown to be one the occurrence of which could not reasonably be foreseen ". This is known as the development risks defence. Section 10 created two bodies corporate , the Health and Safety Commission and Health and Safety Executive who performed their respective functions on behalf of the Crown section 10 and Schedule 2. The bodies had wide powers to further their objectives by all means other than borrowing money ss.
On 1 April , the two bodies merged, the aggregate taking the name Health and Safety Executive. Before its merger with the HSE, the Commission consisted of a chairman and between six and nine other people, appointed by the appropriate Secretary of State, after consultation section 10 2 - 4. The Commission's duties were to section 11 2 :. The Commission further had to keep the Secretary of State informed of its plans and ensure alignment with the policies of the Secretary of State, giving effect to any directions given to it section 11 3. The Secretary of State could give directions to the Commission section On 1 April , the Commission ceased to have responsibility for railway safety.
However, as of 1 April , all its powers and responsibilities were transferred to the Executive. The Executive consists of a chairman and between 7 and 11 other people, all appointed by the Secretary of State, as of [update] , the Secretary of State for Work and Pensions Schedule 2. Before the merger, the Executive had to carry out all functions delegated to it, or otherwise directed by, the Commission and provide the Secretary of State with information and expert advice section 11 5. The Executive is responsible for enforcement of the Act and regulations made under it though the Secretary of State may transfer some of the duties to local government section The Secretary of State has broad powers to make health and safety regulations section Breach of regulations can lead to criminal prosecution under section Further, the Health and Safety Executive can issue codes of practice section Though breach of a code of practice is not in itself a criminal offence it may be evidential towards a criminal breach under the Act section Because individual litigation is unlikely, given that employees may find the regulations complex, the Health and Safety Executive enforces the Act.
However, the HSE may also delegate its functions to local government under section 18, which allows for a more decentralised and targeted approach to regulation.
Any enforcing authority may appoint inspectors with a written document stating their powers. This is as evidence of their authority section Enforcing authorities may indemnify the inspector against any civil litigation if he has acted in the honest belief that he was within his powers section Local government bodies who may be enforcing authorities are: . Local government bodies can be enforcing authorities in respect of several workplaces and activities including offices , shops , retail and wholesale distribution, hotel and catering establishments, petrol filling stations , residential care homes and the leisure industry.
Act and laws made under it, for all health and safety matters relating to the operation of a railway or tramway. The Consumer Protection Act added the power for a customs officer to seize imported goods for up to 48 hours section 25A. In observance of the principle of a right to silence , answers given to questions that the inspector required a person to answer cannot be used as evidence against him, nor his spouse or civil partner section 20 7 , neither can the inspector require production of a document protected by legal professional privilege section 20 8.
If an inspector is of the opinion that a person section 21 is currently contravening the Act; or has contravened the Act in the past in circumstances that make it likely that the contravention will continue or be repeated he may serve him with an improvement notice : . Appeal against a notice is within 21 days to an employment tribunal who may appoint one or more assessors to sit with them s.
If an inspector is of the opinion that activities are being carried on, or are likely to be carried on, involving the risk of serious personal injury , he may serve him with a prohibition notice section 22 : .
Health and Safety at Work Act | WorkSafe
The notice may start immediately or at the end of a specified period section 22 4. Appeal against a notice is within 21 days to an employment tribunal who may appoint one or more assessors to sit with them section Section 33 1 creates 15 criminal offences including breach of a duty under the Act or a regulation, contravention of a notice, or obstructing an inspector. In England and Wales prosecution under the Act could originally only be brought by an inspector or with the permission of the Director of Public Prosecutions but the Environment Agency was also authorised on 1 April section If a person, by some act or omission, causes another person to commit the actus reus of an offence under the Act then they too are guilty of an offence, even if the other person was not prosecuted or could not be prosecuted because they were the Crown section Where an offence is committed by a body corporate with the consent or connivance, or by the neglect, of a director , manager , secretary or a member acting in a managerial capacity, that individual too is guilty of an offence section Where a person is convicted under the Act, the court can order that he remedy the state of affairs or can order forfeiture of an item in question section There is no civil liability for breach of statutory duty in respect of sections 2 to 8 but there is liability for breach of health and safety regulations unless the regulations themselves provide otherwise section Institutional Subscription.
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Features additional new chapters covering safety culture, maintaining a sense of vulnerability, and additional learning opportunities from recent incidents and near misses Contains updated information from the US Bureau of Labor Statistics and the National Safety Council, with concise summaries of some of the most important case histories of the twenty-first century Includes significantly expanded information from the US Chemical Safety Board, US OSHA, American Institute of Chemical Engineers, and the UK Health and Safety Executive HSE Provides a completely updated chapter to guide readers to a wealth of reference material available on the web and elsewhere.
What events resulted in fatal occupational injuries in ? Just how dangerous is it to work in a US chemical plant? How are the chemical and refinery industries doing today when it comes to major losses? And what should we do in the future? Process safety culture 2: Good intentions Abstract Modifications made with good intentions A tank truck catastrophically fails Siphoning destroys a tender tank Tank roof splits from overfilling A well-intended change yields a storage tank collapse A water drain line is altered and a reactor explodes An air system is improved and a vessel blows up A new air system improved economics, but jeopardized safety Another incident with nitrogen backup for a compressed air supply The hazards of nitrogen asphyxiation Concerns for safety on a refrigerated ethylene tank Beware of impurities, stabilizers, or substitute chemicals Good intentions on certain new protection systems lead to troubles A gas compressor is protected from dirt, but the plant catches fire A replacement check valve installed — one detail overlooked What was one of the immediate causes of the fire?
What did investigators recommend? What happened immediately after the release? Besides poor safety culture — what are some key technical findings of the Chemical Safety Board?
Besides poor safety culture — what are some key organizational findings of the Chemical Safety Board? Beware of other piping issues Specific piping system problems reported as major incidents Four case histories of catastrophic pipe failures An 8-in. Other truck delivery incidents An operator averts a sulfuric acid unloading tragedy Hoses cannot take excessive abuse What is the advice from practitioners?
Centrifugal pumps River water pump piping explodes Severe pump explosions surprise employees A large condensate pump explodes Closing thoughts on pump explosions. Over two dozen plants share their MOC practices Management of change approvals, documentation, and auditing Closing thoughts on management of change policy The Center for Chemical Process Safety Recommendations and regulations after Investigating and sharing near misses and unfortunate accidents Abstract Introduction What does the regulation say about incident investigations?
STAMP — a new accident causality model Some thoughts on process safety incident investigation techniques Complying with the OSHA element on incident investigation Report approval, report distribution, sharing the findings, corrective action tracking, and report retention Conclusions Keep a sense of vulnerability for safety sake: seven recommendations for keeping a sense of vulnerability at your chemical processing or refining site Abstract Opening thoughts on unease and who should it impact How do you create a sense of unease or vulnerability?
A focused effort is essential Success can blind us of reality Seven recommendations to reduce your vulnerability Why not step back in time? Perhaps — it is the root cause of the decade!
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Chemical Engineer and freelance Process Safety Consultant. Powered by. Employment Law: Concepts and Cases, 4th edition is an introductory text for students undertaking employment law subjects as part of an arts, business, human resource management or legal studies degree. Written in clear, everyday language and easily accessible for students who may not have studied any law, this book explores core legal features of the employment relationship, focusing on the concepts and cases that explain employer and employee rights and responsibilities in Australia.
Important case law relevant to a study of employment law is presented simply and succinctly.
She currently teaches employment and employment relations law at both undergraduate and postgraduate level, and has authored a number of publications in this area. Get straight through to a LexisNexis representative who will quickly process your order! Email to be contacted by an LN representative.