Podcast Location:
Download it here [file size: 18.8 MB]
Categories:
Employment Law
Personal Injury
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those practitioners who work in personal injury and health and safety law. It aims to familiarise listeners with a range of important workplace health and safety regulations and how the courts have dealt with their application.

Outcomes:
After completing the course you will:
  • Be aware of the ‘6 Pack’ set of health and safety regulations;
  • Understand the importance of the word ‘shall’ across the health and safety regulations establishing strict liability;
  • Be aware of the mitigating provisions about ‘suitability’ and ‘sufficiency’ in relation to the steps employers must take;
  • Understand the scope of the Workplace (Health, Safety & Welfare) Regulations 1992;
  • Understand the definition of a workplace;
  • Be aware of the degree of control that is relevant to raise a liability issues for employers;
  • Understand the scope of regulation 5 and the extent of the duty of keeping the workplace and equipment in an efficient state, in efficient working order and in good repair;
  • Understand the scope of regulation 12 on the condition of floors & traffic routes;
  • Know whether the duties under regulations 5 and 12 are absolute or may be mitigated;
  • Understand whether employers can introduce arguments of contributory negligence into claims made against them for breach of duty;
  • Be aware of some recent case law on the question of temporary hazards and the relevance of knowledge in questions of breach of employer’s duty.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legislative Updates
Sources and References:
  • Workplace (Health, Safety and Welfare) Regulations 1992 reg 5, 12;
  • Provision and Use of Work Equipment Regulations 1998;
  • Personal Protective Equipment at Work Regulations 1992;
  • Manual Handling Operations Regulations 1992;
  • Management of Health and Safety at Work Regulations 1999;
  • Health and Safety (Display Screen) Regulations 1992;
  • The Work at Height Regulations 2005;
  • Construction (Health, Safety and Welfare) Regulations 1996;
  • Control of Substances Hazardous to Health Regulations 2002;
  • Lifting Operations and Lifting Equipment Regulations 1998;
  • Control of Noise at Work Regulations 2005;
  • Edwards v National Coal Board [1949] 1 KB 704 (CA);
  • Toole v Metropolitan BC [2002] EWCA Civ 588;
  • Malcolm v Metropolitan Police Commissioner [1999] CLY 1494;
  • McNaughton v Michelin Tyre plc 2001 SLT 67;
  • Lewis v Avidan Ltd [2005] EWCA Civ 670;
  • Marks and Spencer plc v Palmer [2001] EWCA Civ 1528;
  • Susan Ellis v Bristol City Council [2007] EWCA Civ 685;
  • Bassie v Merseyside Fire & Civil Defence Authority [2005] EWCA Civ 1474;
  • Burgess v Plymouth CC [2005] EWCA Civ 1959.
Tags:

This podcast is the first of a two part mini-series on employer’s liability for breaches of health and safety law. This part sets the general framework of legislation governing the employer’s obligations with regard to health and safety – known as the ‘6 Pack’ and focuses on the Workplace (Health, Safety & Welfare) Regulations 1992. It examines the scope of various duties under these regulations, the question of an absolute strict liability to protect employees in the workplace looks at a selection of cases that illustrate the current state of the law.

Podcast added: 19/04/11

Podcast last reviewed: 2012-04-02

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