Health and Safety in Brief

John Ridley

• Publisher: Routledge
• Year: 2008
• ISBN:
  9781136399473
• Edition: 4
• Topic: Business
• Subtopic: Business General
• Index: Business

In plain English, John Ridley guides the reader through Health and Safety legislation and explains how to comply with it in practical terms. The text is clearly laid out, distinguishing between bulleted summaries of legislative requirements and the author's advice and commentary.By condensing the fundamental contents of the author's acclaimed Safety at Work into a practical and affordable volume, Health and Safety in Brief has established itself as a valuable handbook for safety representatives and managers, as well as an essential revision aid for students on introductory health & safety and general management courses such as:
* NEBOSH National Certificate and Diploma in Occupational Safety and Health
* IOSH Managing Safely
* CIEH Advanced Certificate in Health & Safety in the Workplace
* British Safety Council Level 3 Certificate in Occupational Safety and Health
* NVQs in Occupational Safety and Health
* Chartered Management Institute's Level 5 Diploma in Management New in this edition:
* Completely revised coverage of fire safety in line with Regulatory Reform (Fire Safety) Order
* Construction safety incorporates new Construction (Design and Management) Regulations 2007 and new Working at Heights Regulations
* Coverage of changes in employment law, including age discrimination and working time
* More on the effects of the Woolf Report

Part 1: Law

The system of English justice was not designed but developed gradually over more than 1000 years. It is a system that has been used as a model in many parts of the world.

In parallel with the development of the system so the method of making laws has evolved and now follows a well proved procedure although there have been some radical changes in the past two or three decades.

Since 1972 a major influence on the subject matter of English laws has been the European Economic Community (now the European Union) where, as a Member State, the UK is required to incorporate into domestic laws the content of EU directives once they have been adopted by the Council of Ministers.

This part deals with the historical background to, procedures for making, administering and enforcing health and safety laws as well as covering the content of two of the main pieces of health and safety legislation.

1 Legal Processes

The English legal system and its laws did not happen over night, they took thousands of years to develop. During that time they were adjusted and modified as the system of justice became more consistent across the nation. For the last 700 years there have been only relatively minor developments although the past two decades have seen a number of important changes in the role of members of the legal profession and, more recently, in the procedures for dealing with cases.

This section looks at the background to law in the UK, how laws are made and the effects of the increasing influence of the European Union on UK laws.

1.1 Historical Background

After the Romans left England around AD 400, the country split into a number of small kingdoms each ruled by the local lord. This gave rise to great injustices and misuse by the lords of their powers. This situation continued until the latter part of the ninth century when the gradual unification of the country began. The English system of justice was not designed; it developed slowly over more than 1000 years through moves to correct particular problems and injustices, and it is still developing today. Some of the major steps in that development are summarized below.

Alfred the Great	871–901	unified England drew up a Book of Dooms or Laws introduced an administrative structure for government
Edgar	959–975	set up Shire, Hundred and Borough courts to administer the Dooms
Edward the Confessor	1042–1066	first effective king introduced King’s Justices to administer more consistent justice across the country
William the Conqueror	1066–1087	rationalized the existing legal arrangements developed the English Constitution established the ‘Opposition’ established his own ’superior’ courts to get away from the parochial nature of existing courts initiated the doctrine of legal precedents
Stephen	1135–1154	moved administration of the country away from the Crown birth of the ‘Civil Service’
Henry II	1154–1189	created King’s Courts to try breaches of the King’s Peace introduced trial by jury introduced the concept of Royal Writs to attract litigants to the King’s Courts and give them fairer justice administered the courts through a Royal Council: – Court of Exchequer – King’s Court or Bench – Court of Common Pleas appointed travelling (Circuit) judges to sit in the King’s Courts around the country set up the framework of law that is followed today
John	1199–1216	signed Magna Carta in 1215 giving many law-making powers to the lords and barons
Henry III	1216–1272	established first Parliament of elected representatives of landowners and citizens
Edward I	1272–1307	Edward the Law Giver made House of Lords the chief Appeal Court established three departments of the King’s administration: – the Exchequer – the Chancery – the Wardrobe specialist professional legal groups became established, i.e. the Inns of Court: Clements, Lincolns, etc. passed statute declaring that English legal memory started when Richard I came to the throne in 1189 as a tribute to the efforts of Henry II in establishing a legal system

From this time, with some small developments, the legal system that existed at Edward I’s death has been followed to the present day.

However, in the last two decades or so there have been developments in the administrative arrangements within the legal system such as the setting up of Employment Tribunals and the giving to solicitors the right to appear in the higher courts and to become judges. Also, following the recommendations of the Woolf and Ault reports, changes are being implemented to shorten the procedures for dealing with cases.

1.2 Branches of Law

English law divides into two major categories:

1. Statute law comprises those laws which are debated and made by Parliament. They are written and copies are available for all to purchase (from The Stationery Office (TSO)). Statute law is the law of the State and a breach of it is a criminal offence, hence it is sometimes referred to as criminal law.
2. Common law originally referred to a system of law common across the whole country. However, its meaning has changed to encompass case law – the body of law based on judicial precedents, i.e. the decisions of judges in earlier cases are binding in similar later cases. It is not officially written but is recorded in Law Reports.
   Equity law supplements common law in that it deals with complaints against common law judgements where there may have been a distortion of justice, i.e. such as from undue influence by one party.

There is some overlap between these categories, for example, statute law can rely on interpretations from common law and common law cases can rely on breach of statutory duty to support a claim.

Statute law divides into:

1. Public law – dealing with matters involving the State and relating to the protection and well being of the public at large whether directly or indirectly. Typical of these laws are:
   • constitutional laws
   • employment laws
   • social security laws
   • criminal laws
2. Private law – statutory requirements that deal with matters regulating the relationship between ‘private parties’ or ‘legal and natural bodies’ such as in:
   • contracts
   • torts
   • property
   • trusts
   • succession
3. Civil law – a generic term covering all laws except criminal laws.

1.2.1 Legal Actions

Criminal

• Law concerning the protection of the State, the community and the individual.
• Laws are passed or approved by Parliament.
• Written law, copies obtainable from TSO.
• A breach is a crime or criminal offence.
• Criminal proceeding (prosecution) heard:
  – in Magistrate’s Court for lesser cases
  – in Crown Court for more serious cases.
• Evidence must prove guilt ‘beyond reasonable doubt’.

Civil

• Common law action.
• Between two or more private or corporate bodies.
• Based on precedent set by judgements in earlier cases.
• Proceeding (litigation) heard in County Court.

The meaning of words and phrases of statutes are often critical to the outcome of a case and a judge may define his understanding or decide the interpretation of a word or phrase when giving his judgement.

1.2.2 Interpretations

Decided cases – those cases in which, as part of a judgement, a word or phrase that is part of a law is defined, i.e. the meaning is decided. Once a meaning is decided, it applies to all laws. A good example is the phrase so far as is reasonably practicable which was defined in a civil case in 1949 concerning a mi...

Table of contents

• Cover Page
• Half Title Page
• Title Page
• Copyright Page
• Contents
• Preface
• Part 1: Law
• Part 2: Management
• Part 3: Occupational Health
• Part 4: Safety Technology
• Appendix 1 Abbreviations
• Appendix 2 List of statutes
• Index