Matching questions
1-106 of 106
Click a definition to match it with a term
ACOP
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, Appreciation of the law in laymans terms
Quasi legal status. Allowed under S16 by the HSE
Consult first, then sec of state consent
However, failure to comply with the provisions of an ACOP is admissible in
evidence in proceedings
under the relevant statutory provisions and this failure to comply is
sufficient evidence
of a breach of the law to allow conviction EXCEPT in cases where the
defendant can
show that they have secured compliance with the legal requirements in a
way
otherwise than by observance of the provisions of the ACOP
"A court will find you at fault, unless you can show you have compiled in
some other way."
Not compulsory to follow.
Agency worker regs
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Implements the AW directive
From day 1 - the same access to all facilities as EE's
After 12 weeks - same basic conditions of employment, eg, holiday pay,
bonus. BUT NOT redundancy, sickness pay, maternity pay
Accident Frequency Rate
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, # of accident injuries ÷ Total # hours worked
Reg 4
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Principles of Prevention & Protection to be applied, as in schedule 1
Practicable
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It must be done in light of current knowledge and invention. No cost
consideration. If it can be done, it must be done.. Asset v K & L
Steelfounders.
Enforcement authorities (UK) (CHONE)
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HSE
Coroners
ORR
EHO
Nuclear inspectorate
, S40 Reverse Burden of Proof
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In real terms it means that it is not for the prosecution to prove guilt but for
the defence to show that they are not guilty. How are you to demonstrate
that you have reduced the risks to as low as reasonably practicable?
So it makes the task of prosecution much easier because -
The prosecutor has to prove BRD that ...
1. A breach of the regs occurred
2. That the accused was responsible for it.
The defence to prove
3. It was not practicable or reasonable practicable
4. There were no better means to discharge the duty.
Enforcement officers options to him( IN WALES CaP)
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1. Informal via info, face to face or written
2. Serve notices (improvement or prohibition)
3. WITHDRAW approvals or vary licence conditions or exemptions
4. Issue simple (formal) cautions (England/Wales)
5. Prosecute
KPI weaknesses (8)
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1-106 of 106
Click a definition to match it with a term
ACOP
Give this one a try later!
, Appreciation of the law in laymans terms
Quasi legal status. Allowed under S16 by the HSE
Consult first, then sec of state consent
However, failure to comply with the provisions of an ACOP is admissible in
evidence in proceedings
under the relevant statutory provisions and this failure to comply is
sufficient evidence
of a breach of the law to allow conviction EXCEPT in cases where the
defendant can
show that they have secured compliance with the legal requirements in a
way
otherwise than by observance of the provisions of the ACOP
"A court will find you at fault, unless you can show you have compiled in
some other way."
Not compulsory to follow.
Agency worker regs
Give this one a try later!
Implements the AW directive
From day 1 - the same access to all facilities as EE's
After 12 weeks - same basic conditions of employment, eg, holiday pay,
bonus. BUT NOT redundancy, sickness pay, maternity pay
Accident Frequency Rate
Give this one a try later!
, # of accident injuries ÷ Total # hours worked
Reg 4
Give this one a try later!
Principles of Prevention & Protection to be applied, as in schedule 1
Practicable
Give this one a try later!
It must be done in light of current knowledge and invention. No cost
consideration. If it can be done, it must be done.. Asset v K & L
Steelfounders.
Enforcement authorities (UK) (CHONE)
Give this one a try later!
HSE
Coroners
ORR
EHO
Nuclear inspectorate
, S40 Reverse Burden of Proof
Give this one a try later!
In real terms it means that it is not for the prosecution to prove guilt but for
the defence to show that they are not guilty. How are you to demonstrate
that you have reduced the risks to as low as reasonably practicable?
So it makes the task of prosecution much easier because -
The prosecutor has to prove BRD that ...
1. A breach of the regs occurred
2. That the accused was responsible for it.
The defence to prove
3. It was not practicable or reasonable practicable
4. There were no better means to discharge the duty.
Enforcement officers options to him( IN WALES CaP)
Give this one a try later!
1. Informal via info, face to face or written
2. Serve notices (improvement or prohibition)
3. WITHDRAW approvals or vary licence conditions or exemptions
4. Issue simple (formal) cautions (England/Wales)
5. Prosecute
KPI weaknesses (8)
Give this one a try later!
