Criminal liability in OSH - 106 entries found
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- Criminal liability in OSH
Some problems of human factors approaches in aviation accident investigation
Kōkū jiko chōsa taisei ni tsuite - Hyūman fakutā apurōchi no mondaiten [in Japanese]
The Science Council of Japan and Japanese victims family groups have advanced opinions as to how to carry out accident investigations better than before. This paper attempts to analyse the following points: (1) the purpose of accident investigation; (2) priorities in such investigations; (3) should human errors in organizations be tackled through criminal law?; (4) use of accident investigation reports in trials; (5) the hiring of human factor specialists as investigators and commission members; (6) the use of various models of human factors.
Journal of Science of Labour - Rōdō Kagaku, 2010, Vol.86, No.2, p.105-112. 10 ref.
McLoughlin K., Wall S.
Justice delayed = justice denied?
This article discusses the reasons why occupational safety and health cases often take so long to reach court in the United Kingdom and proposes several measures for reforming the system.
Safety and Health Practitioner, Feb. 2009, Vol.27, No.2, p.32-34. Illus. 13 ref.
The special legal aspects of occupational diseases - Part III: The requirement to report occupational diseases (4)
Die rechtliche Sonderstellung der Berufskrankheiten - Teil III. Die Meldepflicht von Berufskrankheiten (4) [in German]
In Germany, physicians and dentists are legally obliged to immediately report a justified suspicion of an occupational disease. Failure to comply with the reporting obligation during the lifetime of the insured leads to the loss of a pension and can substantiate liability claims by family members against the physician. This article discusses the five ways of setting in motion a formal occupational disease establishment procedure in compliance with the law. Appendices include: list of occupational diseases recognized in Germany; recommendations for the determination of an occupational disease; list of institutions to which occupational diseases can be reported. See also CIS 09-000 ISN 3.
Zentralblatt für Arbeitsmedizin, Arbeitsschutz und Ergonomie, Oct. 2008, Vol.58, No.10, p.302-311.
Looking below the surface
More than 200 people die each year in the United Kingdom in occupational accidents, some of which may result in prosecutions. What is a certainty, however, is the involvement of the coroner. This article explains why it is important that employers and practitioners understand the role and significance of the inquest in the aftermath of tragedy.
Safety and Health Practitioner, Oct. 2008, Vol.26, No.10, p.54-56. Illus. 6 ref.
Wright M., Beardwell C., Pennie D., Smith R., Norton Doyle J., Dimopoulos E.
Health and Safety Executive
Evidence based evaluation of the scale of disproportionate decisions on risk assessment and management
This report summarises a study of the prevalence and causes of disproportionate safety and health management in the United Kingdom. It confines itself to decisions that err on the side of excessive caution, excluding reckless decisions. Work involved reviewing literature, consulting trade associations and professional bodies, conducting a postal survey of decision makers and carrying out 12 case studies. Three times as many respondents believed that there was a problem with risk aversion in the United Kingdom in general, compared to those who felt that their own organization had such a problem. Some important factors include the fear of litigation, prosecution and personal liability. It also appears that the perceived likelihood of litigation and prosecution does not accord with true trends, suggesting that steps could be taken to address these fears.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, 2008. xii, 100p. 12 ref.
http://www.hse.gov.uk/research/rrpdf/rr536.pdf [in English]
International OHS: Through the looking glass of the global economy
In late 2007, a multinational group of occupational safety and health professionals travelled to Mexico to observe working conditions at a giant open-pit copper mine at the request of a trade union. The conditions were found to be poor. Levels of silica dust were particularly high. Dust collectors had been dismantled. The mine was also visited by Mexican labour inspectors who ordered the employer to implement a series of measures. The next step of this international occupational safety and health project will likely include filing a complaint by trade unions in Mexico and the United States. Efforts also are being made to raise funds for a more comprehensive health study of active and retired miners to determine the prevalence of respiratory diseases such as silicosis.
Occupational Hazards, Jan. 2008, p.58-61. Illus.
Fooks G., Bergman D., Rigby B.
International comparison of (a) techniques used by state bodies to obtain compliance with health and safety law and accountability for administrative and criminal offences and (b) sentences for criminal offences
This report provides an overview of the intervention and sentencing strategies practiced in the Netherlands, Germany, Italy, Sweden, the United States, several Canadian provinces and several Australian states, to promote compliance with occupational health and safety legislation, reduce work related ill-health and injury, and to hold to account those responsible for breaches. The basic purpose of the review was to provide a better understanding of the basic form and effectiveness of the main regulatory strategies and sentencing options used in these regulatory jurisdictions as well as a clearer idea of contemporary trends in regulatory practice and sentencing in other countries.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, 2007. xxvi, 551p. Illus. Over 1000 ref.
http://www.hse.gov.uk/research/rrpdf/rr607.pdf [in English]
Neal A.C., Wright F.B.
Health and Safety Executive
A survey of the use and effectiveness of the Company Directors Disqualification Act 1986 as a legal sanction against directors convicted of health and safety offences
This report looks at the use made by courts of the provisions contained in the Company Directors Disqualification Act 1986 concerning disqualification related to safety and health failures in the management of companies. The report is based on a study carried out between May and November 2005. From the material obtained, it appears that at least ten directors have been disqualified for health and safety reasons since the coming into force of the legislation. It is recognized that labour inspectors should make greater use of the possibility of director disqualification as part of the prosecution for safety and health failures.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, 2007. vi, 34p.
http://www.hse.gov.uk/research/rrpdf/rr597.pdf [in English]
Snodgrass R., Corbett E., Carter L.
Health and Safety Executive
Exploration of the affect [sic] of litigation culture on the attribution and reporting of slip and trip accidents
Due to changes in United Kingdom litigation law in recent years, lawyers have been offering a "no win no fee" service, which appears to be generating a growing tendency amongst individuals to pursue claims of negligence, even in the most frivolous of cases. Reports in the press also suggest that there are many companies willing to pay out small amounts of compensation rather than fight a more costly litigation process. Society continues to change and there is less tolerance when it comes to risk. The purpose of this work was to determine the effect of this heightened awareness, brought about by media activity, on the reporting of slip and trip accidents. This study employed both quantitative and qualitative techniques for collecting information from lawyers, insurers, and safety and health representatives, together with a survey of the general public. Findings indicate that employers are recording and reporting more accidents, both to comply with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR, see CIS 95-1930) and as a self-defence mechanism against the threat of possible litigation. Employers are also taking more precautions with those having accidents on their premises. Findings also indicate that the general public and employees are less inhibited about reporting slip and trip accidents as they are more aware of their rights and therefore less tolerant of what they see as unfair treatment. Other findings are discussed.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, 2007. viii, 63p. Illus. 2 ref.
http://www.hse.gov.uk/research/rrpdf/rr552.pdf [in English]
Bergman D., Davis C., Rigby B.
Health and Safety Executive
International comparison of health and safety responsibilities of company directors
This report looks at whether there is a legal obligation in nine countries imposing safety and health duties on enterprise board directors (and other senior managers), and if so, what these duties comprise and whether they assist in the prosecution of directors. The main finding is that seven out of nine countries contain safety legislation that imposes positive safety obligations upon either directors or senior managers of companies. These are: Germany, France, Italy, Sweden, Japan, Canada and Australia. Two countries, the United Sates and the Netherlands, do not impose any obligations.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, 2007. viii, 121p.
http://www.hse.gov.uk/research/rrpdf/rr535.pdf [in English]
Responsibilities of enterprises with respect to terrorism
La responsabilité des entreprises face au terrorisme [in French]
Enterprises can be targets of terrorist attacks. Clients, employees or other persons who are victims of these attacks may claim damages against the enterprise, for either civil or criminal liability. This article discusses the civil and criminal liability of enterprises subjected to terrorist attacks, with comments on the following situations in particular: waiving of civil liability in cases of force majeure; cases where victims can claim occupational accident compensation; cases of employers' inexcusable error; example of the attack in 2002 against the bus carrying French naval construction personnel in Karachi, Pakistan.
Face au risque, Mar. 2007, No.431, p.13-15. Illus.
Impact of jurisprudence concerning occupational safety and health
Impact de la jurisprudence en santé-sécurité au travail [in French]
This article comments recent court rulings in France concerning the employers' inexcusable error as defined by the provisions of article L.452-1 of the Social Security Law. While employers are responsible not only for engaging efforts but also for ensuring results with respect to the prevention of occupational accidents and diseases, victims must now also prove that employers who should have been aware of the risk had not taken the necessary preventive actions.
Face au risque, Mar. 2007, No.431, p.6-9. Illus.
Four short video sequences on the prevention of occupational cancers
Quatre spots pour la prévention des cancers professionnels [in French]
Cancer is currently the second cause of death in France, responsible for approximately 150,000 deaths each year. Occupational risk factors are often unnoticed, even though various studies estimate that four to eight percent of all cancers are occupational in nature. These approximately two-minute video sequences can be used during information meetings on occupational cancer, as an introduction to discussions. Topics addressed: radiological diagnosis of lung cancer in an automobile mechanic exposed to asbestos; use of respirators in stone dressing; renal cancer in a retired flooring layer long time exposed to solvents; legal proceedings introduced against the owner of a plastics processing enterprise by two employees diagnosed with bladder cancer.
Institut national de recherche et de sécurité, 30 rue Olivier-Noyer, 75680 Paris Cedex 14, France, 2006. DVD containing video files readable on a DVD player, or on PC-Windows or Mackintosh equipped with a DVD-ROM player.
Health and safety rights and transnational liability for harm
This comparative law thesis argues that safety and health is a basic human need and when not met, exacts costs that prevent societies from realizing their development goals. Injury is increasing as a leading cause of death and disability. As the result of advances in public health knowledge and safety engineering technology, accidents leading to injury are often preventable. Injuries result from identifiable determinants and conditions that create exposure to identifiable hazards. By controlling hazards, the toll of injury can be reduced. International trade and investment can create conditions that increase or diminish the global injury burden. International organizations and national governments face the question of how to protect safety and health rights and reduce the injury burden in a world of increasingly global business activity. International institutions do not yet provide comprehensive regulation for exported harms. In common law nations, liability through formal law plays an important role in regulating conditions that can lead to injury. In such nations, private law can play an important role in filling segments of the regulatory gap relating to exported harms.
Faculty of Law, Institute of Comparative Law, McGill University, 845 West Sherbrooke Street, Montreal, Quebec, Canada H3A 2T5, 2006. iv, 144p. Approx. 450 ref.
It starts at the top
The United Kingdom Health and Safety Commission has published guidance aimed at board level directors and their equivalents in public sector enterprises, setting out their responsibilities with respect to health and safety. It recommends that at least one board member be appointed "health and safety director" with a supervisory role for occupational safety and health. This article discusses the importance of providing board level directors with suitable information and training to ensure that their role is effective. Among the topics addressed: United Kingdom legislation concerning the liability of board members; case studies highlighting failures at board level; studies showing improvements in OSH after active board involvement.
Safety and Health Practitioner, Aug. 2006, Vol.24, No.8, p.57-60. Illus. 6 ref.
Safety and inexcusable faults of employers
Sécurité et faute inexcusable de l'employeur [in French]
Employers are required to ensure the safety and health of their employees. Failure to do so is an inexcusable fault in cases where the employer knew of, or should have known of, the risk to which the employee was exposed and failed to implement the necessary preventive measures. Contents of this article on the inexcusable fault of the employer: what constitutes an inexcusable fault; legal liabilities of employers in cases of non-compliance with their obligations with respect to occupational safety and health; conditions of waiving liability; financial consequences in cases of employers' responsibility; period of limitation of employers' liability.
Santé et Sécurité au Travail Actualités, May 2006, No.90, p.6-7. Illus.
A different light
This article comments on the provisions of The Republic of Ireland's Safety, Health and Welfare at Work Act 2005. The main aspects of these new provisions concern integrated safety management systems and are particularly relevant for addressing bullying, harassment and stress at the workplace. Employees are required to submit to testing for intoxicants. Other aspects discussed include offences, enforcement and criminal liability of directors in the event of fatalities or major breaches in occupational health and safety legislation.
Safety and Health Practitioner, Feb. 2006, Vol.24, No.2, p.41-44. Illus. 9 ref.
Moltó García J.I.
Assigning of responsibilities and legal framework applicable to occupational risk prevention
La imputación de responsabilidades y el marco jurídico de la prevención de riesgos laborales [in Spanish]
This manual discusses the responsibilities of various parties with respect to the prevention of occupational hazards. It consists of four parts: rights of workers with respect to safety and health and the duty of the enterprise to prevent occupational hazards; responsibilities in the event of failure to abide with the requirement to prevent occupational hazards; regulations concerning the assignment of administrative responsibilities; administrative responsibility requirement in case of failure to abide with the rules concerning the prevention of occupational hazards.
Instituto Nacional de Seguridad e Higiene en el Trabajo, c/Torrelaguna 73, 28027 Madrid, Spain, 2006. 561p. Illus. Price: EUR 38.36.
Dériot G., Godefroy J.P.
The tragedy of asbestos in France: Understanding the issue, improving workers' compensation and drawing the lessons for the future
Le drame de l'amiante en France: comprendre, mieux réparer, en tirer des leçons pour l'avenir [in French]
Report on the current status and consequences of asbestos contamination in France, presented to the Senate in October 2005. It was compiled on the basis of the testimony of numerous experts. It consists of three main parts: whether the asbestos tragedy was avoidable; improved compensation and medical supervision; prevention of further contamination. A total of 28 proposals based on eight broad themes are presented.
2005. 333p. PDF document.
http://www.senat.fr/rap/r05-037-1/r05-037-11.pdf [in French]
Haines F., Hall A.
The law and order debate in OHS
This article explores the trend towards greater criminalization of breaches of occupational safety and health (OSH) responsibilities, particularly when a death results. However, it is argued that there is no strong evidence to suggest that offences such as industrial manslaughter will act as a deterrent to those tolerating or explicitly condoning poor OSH standards. The motives behind this criminalization are analysed from a sociological and criminological perspective and elements of criminal law relevant to organizational criminal liability are discussed.
Journal of Occupational Health and Safety - Australia and New Zealand, June 2004, Vol.20, No.3, p.263-273. 67 ref.
British Transport Police
Work-related deaths - A protocol for liaison
Marwolaethau sy'n gysylltiedig â gwaith: Protocol ar gyfer cydgysylltu [in Welsh]
Second version of the protocol for liaison between enforcing and prosecuting authorities in relation to work-related deaths (see CIS 98-1226 for previous version). It sets out the principles for effective liaison between the parties and deals in particular with incidents where, following a death, evidence indicates that a serous criminal offence may have been committed. Topics covered: statement of intent; initial action; management of the investigation; decision making; disclosure of material; special inquiries; advice prior to charge; decision to prosecute; prosecution; role of the coroner; national and local liaison.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 2WA, United Kingdom, rev. ed., Feb. 2003. 16p. 5 ref.
http://www.hse.gov.uk/welsh/misc491w.pdf [in Welsh]
http://www.hse.gov.uk/pubns/misc491.pdf [in English]
Legal issues in accidents caused by sleepiness
This paper describes legal cases involving accidents attributed to sleepiness or fatigue, mainly as a consequence of shift-work or prolonged work hours, in the United Kingdom, USA and Australia, how the legal systems are dealing with such incidents and how this may change in the future. Accidents related to sleepiness may result in criminal prosecution, for example in charges of culpable driving. For acts involving motor vehicle accidents, the legal question of voluntariness may be raised. Employers may be deemed liable for injuries of third parties caused by wrongful acts of employees committed in the course of their employment. In the future, it is likely that employers will need to take greater precautions to reduce sleepiness and fatigue in the workplace, especially where the risk to public and environmental safety, health and productivity are significant.
Journal of Human Ergology, Dec. 2001, Vol.30, No.1-2, p.107-111. 19 ref.
Jurisprudence in occupational environment, health and safety 2000/2001
Jurisprudence de l'environnement, de la santé et sécurité au travail 2000/2001 [in French]
This publication addresses laws, regulations and court rulings in the area of occupational environment, safety and health during the year 2000/2001. Topics covered include: civil liability of employers; criminal liability of employers; recognition of occupational diseases; prevention of occupational hazards; protection and respect of employees; environment and working environment. An important part is devoted to the topic of bullying, subject of a proposed law foreseen for adoption during the autumn of 2001. For previous edition (1999/2000), see CIS 01-1405.
Editions Tissot, BP 109, 74941 Annecy-le-Vieux Cedex, France, Sep. 2001. 172p. Price: FRF 275.00.
Lloyd D., Smith H.
Tolley's safety, health and environment cases 2001
This manual consists of a compilation of more than 300 summaries of court cases involving occupational safety and health, as well as environmental protection. An introduction describes the United Kingdom court system and summarizes UK and EC law. Each case summary includes the background, the court decision and a comment. Most cases concern the courts of the United Kingdom, although a few examples of rulings of the European Court of Justice are also provided.
Butterworths Tolley, 2 Addiscombe Road, Croydon, Surrey CR9 5AF, United Kingdom, 2000. vii, 541p. Index. Price: GBP 65.00.
Case law of the environment, health and safety at work - 1999/2000
Jurisprudence de l'environnement, de la santé et sécurité au travail [in French]
This publication presents the main jurisprudential rulings made during the year 1999 and in early 2000 in all areas related to environmental, hygiene, and occupational safety and health matters, both in France and at the European Union level. These decisions are annotated further with additional comments drawn from press articles and legal or regulatory texts.
Editions Tissot, B.P. 109, 74941 Annecy-le-Vieux, France, 2000. 155p.
Inexcusable error on the part of the employer
La faute inexcusable de l'employeur [in French]
In France, social security legislation makes provision for compensating victims of occupational accidents or diseases with a fixed allowance without their having to prove the employers' responsibility. On the other hand, applying this principle precludes the victim from suing the employer for liability. However, social security law includes an exception to this principle and provides for the possibility for the victim to claim additional compensation when the incident is due to an "inexcusable error" on the part of the employer. The reasoning is that in these cases, the accident is not the consequence of occupational risks inherent to the activity, but exclusively due to an error on the part of the employer. The article defines the concept of "inexcusable error" and outlines the steps needed to obtain this additional compensation.
Travail et sécurité, Feb. 2000, No.593, p.20-21.
Danger, accidents, diseases, major disasters - Criminal liability
Danger, accidents, maladies, catastrophes - Responsabilité pénale [in French]
This publication addresses the issue of criminal liability in cases of accident, diseases or major disasters. Following an introduction on the principles of penal law, the main forms of violation to the French penal code are described, the steps in the legal procedure between the accident and the ruling are listed and the various persons likely to be considered legally responsible are mentioned. The importance of a preventive approach is emphasized (evaluation of damage risk, media coverage and impact on the community, accident investigation under governing legislation, research into the causes attributable to third parties, analysis of interests involved and defence strategies).
Editions Préventique, 37 et 68 cours de la Martinique, 33000 Bordeaux, France, 1999. 169p. Price: FRF 150.00.
Benbrik E., Dômont A.
Legal aspects of vaccination in occupational medicine in 1998
Aspects jurisprudentiels et réglementaires de la vaccination en médecine du travail en 1998 [in French]
Occupational physicians in France may in the future be responsible for prescribing (as they are currently for administering) vaccinations. Since the Hédreul judgment (25 February 1997), legal practice has modified the physician's duty to inform and has put the burden of proof on the physician. This reversal may lead to a changing relationship between workers and occupational physicians, making the French system similar to that prevailing in the United States.
Archives des maladies professionnelles et de médecine du travail, Mar. 1999, Vol.60, No.1, p.1-12. 8 ref.
Ayala Cáceres C.L.
Liabilities under labour and civil laws for occupational accidents and diseases
Responsabilidad laboral y civil en accidentes de trabajo y enfermedad profesional [in Spanish]
Topics: Colombia; comment on law; compensation of occupational accidents; compensation of occupational diseases; criminal liability; legislation; responsibilities of employers; responsibilities.
Protección y seguridad, Sep.-Oct. 1998, Vol.44, No.261, p.10-15. Illus.
Legal liability and a safety professional's duty of care
Topics: criminal liability; industrial physicians; legislation; responsibilities; safety officers; United Kingdom.
Safety and Health Practitioner, Dec. 1998, Vol.16, No.12, p.27-29. Illus.
Health and Safety in Employment Act: An overview
Topics: accident investigation; comment on law; compensation of occupational accidents; criminal liability; enforcement; information of personnel; legislation; New Zealand; notification of occupational accidents; occupational safety and health; responsibilities of employees; responsibilities of employers; role of labour inspection; role of management; safety training in industry; workers participation.
Uni-Osh Publishing, PO Box 1304, Palmerston North, New Zealand, 1998. viii, 114p. Bibl.ref. Index.
Year 2000 and the issue of safety
Legal responsibilities of companies as a result of computer failure in the year 2000 are outlined. It is recommended that organizations should implement an assessment of the potential health and safety risks to both their employees and the public in order to limit their legal liability. Topics: computer-assisted control; computers; criminal liability; hazard evaluation; legal aspects; responsibilities of employers.
Safety and Health Practitioner, Oct. 1998, Vol.16, No.10, p.31-32.
Association of Chief Police Officers
Work-related deaths - A protocol for liaison
Protocol for liaison between enforcing and prosecuting authorities in relation to work-related deaths. Topics: accident investigation; criminal liability; enforcement; fatalities; occupational accidents; United Kingdom.
HSE Books, P.O. Box 1999, Sudbury, Suffolk CO10 6FS, United Kingdom, Apr. 1998. 11p. 4 ref.
Morris G., Ashton D.
Training sessions on occupational safety
Topics: analysis of accident causes; criminal liability; CRT display terminals; fire protection; harmful substances; hazard evaluation; hazard identification; legislation; manual handling; notification of occupational accidents; occupational safety and health; offices; personal protective equipment; plant safety and health organization; responsibilities; risk factors; role of labour inspection; safety checks; safety service records; safety training in industry; training course; training manuals; training material; United Kingdom.
Gower Publishing Ltd., Gower House, Croft Road, Aldershot, Hampshire GU11 3HR, United Kingdom, Sep. 1998. x, 495p. (looseleaf). Price: GBP 225.00.
Report on the inquiry into workplace safety - Interim report
See CIS 99-454 for a government paper on issues raised in this report. Topics: Australia; criminal liability; enforcement; legislation; national organization; New South Wales; occupational safety and health; penalties; plant safety and health organization; report; responsibilities of employers; role of labour inspection; role of management; safety and health committees; safety training in industry; workers participation; workmen's compensation.
Standing Committee on Law and Justice, Parliament of New South Wales, Legislative Council, Parliament House, Macquarie Street, Sydney, New South Wales, Australia 2000, Dec. 1997. 259p. Illus. Bibl.ref.
Crittall J., de Plevitz L.
Best practice in managing contractors: The occupational health and safety obligations of principals
Topics: conditions of work; criminal liability; legal aspects; responsibilities of employers; subcontractors.
Journal of Occupational Health and Safety - Australia and New Zealand, Aug. 1997, Vol.13, No.4, p.353-360. 21 ref.
Abbott H., Tyler M.
Safer by design - A guide to the management and law of designing for product safety
Part 1 of this manual reviews techniques for the management of design risks: management strategy; sources of information on product-related accidents; hazard analysis and risk assessment techniques; standards and management information for reducing product design risks; design review systems; residual risk transfer - insurance and contract conditions; residual risk retention. Part 2 covers the legal background: legal developments in Europe; product liability in the United Kingdom and other countries; designers' personal liabilities. Part 3 presents case histories which illustrate the physical legal and commercial risks of product defects and demonstrate ways in which they could be prevented. Revised version of CIS 89-473.
Gower Publishing Ltd., Gower House, Croft Road, Aldershot, Hampshire GU11 3HR, United Kingdom, 2nd ed., 1997. xviii, 329p. Illus. Index. Price: GBP 42.50.
Safety guide - Craftsmen and small enterprises - Volume A: General information
Guide de sécurité - Artisans et petites entreprises - Tome A: généralités [in French]
Topics: construction industry; criminal liability; electrical safety; France; handicrafts; ladders; legislation; lifting equipment; manual handling; personal protective equipment; protection against falls from heights; responsibilities of employers; safety engineering; safety guides; scaffolds; selection of equipment; small enterprises; training material; transport of persons; welfare facilities.
Organisme Professionnel de Prévention du Bâtiment et des Travaux Publics (OPPBTP), Tour Amboise, 204, rond-point du Pont-de-Sèvres, 92516 Boulogne-Billancourt Cedex, France, 1996. 74p. Illus.
Liability avoidance - Thinking it through: The mark of the professional supervisor
Topics: criminal liability; responsibilities of employers; role of supervisory staff; training material; USA; videotape.
Tel-A-Train, 309 North Market Street, P.O. Box 4752, Chattanooga, TN 37405, USA, 1996. Videotape (length 18min). Price: USD 575.00.
Essentials of safety and health management
This manual is in 11 sections: introduction to occupational accidents and statistical aspects; safety programme management (programme organization, engineering design and construction, training and motivation, incident reporting and accident prevention, effective safety management, process safety management, control of hazardous materials); health programme management (an effective health management programme, ergonomics, risk communication); regulatory compliance; legal aspects; risk management; application of modern management principles to safety and health; safety and health training; international developments; standards of competence; the future (safety and health professionals, use of computer technology in environmental compliance).
CRC Press Inc., 2000 Corporate Blvd., N.W., Boca Raton, Florida 33431, USA, 1996. xx, 712p. Bibl.ref. Index. Price: GBP 49.00.
Civil and criminal liability of the occupational physician
La responsabilité civile et pénale du médecin du travail [in French]
While exercising his/her professional activity, an occupational physician may commit medical or administrative mistakes involving criminal or civil liability towards employees. To establish this liability, the victim must prove that a mistake has been made, that there has been damage and that there is a direct link between the mistake and the damage. When the damage involves bodily injury resulting from an occupational disease or accident, civil liability claims in France against the employer or his/her agents are lifted in favour of a lump-sum compensation payment. Criminal liability by the occupational physician, often limited to cases of breaches of confidence, can also be invoked in other cases as defined by French labour legislation.
Archives des maladies professionnelles et de médecine du travail, 1995, Vol.56, No.6, p.457-466. 5 ref.
This book comprises a collection of articles by specialists in occupational health topics. Part 1 provides an introduction to occupational health trends: worldwide view of occupational health; health concepts and issues to be considered by employers (global and national health strategies, implementation and evaluation of health promotion activities); insurance and liability. Part 2 focuses on specific health issues in the workplace: rehabilitation for work; diseases of occupations; toxicology; ergonomics; occupational hygiene; first aid and paramedics. Part 3 highlights current and future research and training requirements for health personnel. Part 4 describes recent legislation and information sources and services.
Chapman & Hall, 2-6 Boundary Row, London SE1 8HN, United Kingdom, 1995. xiv, 290p. Illus. Bibl.ref. Index. Price: GBP 14.99.
Craig V., Miller K.
Law of health and safety at work in Scotland
This book provides an introduction to the law of health and safety as it applies in Scotland. Contents: sources and institutions (criminal law, civil law, approved codes of practice, influence of the European Community, institutions of the law of health and safety at work); the common law and the employer's duty; the statutory regime (the importance of legislation as a mechanism for setting standards; the evolution of health and safety law); requirements of the Health and Safety at Work Act 1974; selected areas of statutory regulation; remedies and insurance. Statutes and judicial cases are listed.
Sweet and Maxwell Ltd., Cheriton house, North Way, Andover, Hampshire SP10 5BE, United Kingdom, 1995. xxxvii, 286p. Bibl.ref. Index. Price: GBP 28.50.
Noise control - The law and its enforcement
This manual explains the law and practice relating to environmental and occupational noise in the United Kingdom. Contents: noise and sound; health effects; noise measurement; noise reduction techniques; noise nuisance; sources, effects and statutory control of noise in public places, abatement zones, construction sites, and from road traffic and aircraft; planning and development; occupational noise exposure (noise exposure and hearing loss, employer's duties and liability, statutory right to benefit, hazard evaluation, hearing conservation, role of safety committees). Summaries of relevant legal decisions are included.
Shaw & Sons Limited, Shaway House, 21 Bourne Park, Bourne Road, Crayford DA1 4BZ, Kent, United Kingdom, 2nd ed., Feb. 1995. xli, 387p. approx. 190 ref. Index. Price: GBP 24.95.
Tromans S., Turrall-Clarke R.
This manual addresses the legal problems presented by land subject to contamination in the United Kingdom. Contents: definition of contaminated land; causes and consequences of contamination; examples of problems; policy approaches; liability; sources of information for assessing the possible contamination of land; land investigation and appraisal; preventive mechanisms; water pollution; land clean-up; planning and building controls; funding of land reclamation; use of consultants; property transactions; corporate transactions and insolvency; contaminated land legislation in other countries; recommendations.
Sweet & Maxwell Ltd., South Quay Plaza, 183 Marsh Wall, London E14 9FT, United Kingdom, 1994. xlix, 668p. Bibl.ref. Index. Price: GBP 85.00.
Earnshaw J., Cooper C.L.
Employee stress litigation: The UK experience
The extent to which stress-induced illness can be regarded as a personal injury that could give rise to civil action for damages against employers in the United Kingdom is examined. Results of a brief survey of personal injury solicitors indicates that claims are already being initiated by employees who allege that they have suffered a stress-induced illness. Consideration is given to the hurdles that litigants will have to surmount, such as proving that their condition is work-related and that their employer was at fault, and what employers can do to protect themselves from such claims or to defend them successfully.
Work and Stress, Oct.-Dec. 1994, Vol.8, No.4, p.287-295. 16 ref.
Violence in the workplace - Victim's rights
The issue of violence in the workplace is discussed with reference to the legal implications for the employer and the rights of the victim in Australia. Cases of assault and battery are dealt with in common law: the victim is able to sue his employer for being liable for the acts of the aggressor; if the aggressor is without sufficient means to meet the costs of an award, the victim will be able to claim damages from his employer. Cases of sexual harassment are covered by provisions in place under different State Acts. The main forms of settlement are monetary awards.
Australian Safety News, July 1994, Vol.65, No.6, p.52-53.
Employment and health and safety law citator [United Kingdom]
Short summaries of court cases and decisions in the United Kingdom are presented. Part one covers various aspects of employment law. Part two covers health and safety at work: breach of statutory duty; Factories Act (1961); Offices, Shops and Railway Premises Act (1962); Health and Safety at Work etc. Act (1974); other health and safety legislation; common law duties; notable defences.
John Wiley and Sons Ltd., Baffins Lane, Chichester, West Sussex, PO19 1UD, United Kingdom, 1994. xi, 139p. Index. Price: GBP 29.95, USD 47.95.
Health and Safety Executive
Food and Environment Act. Control of Pesticides Regulations 1986. An open learning course
This open-learning course is concerned with Part III of the Food and Environment Protection Act 1985 (FEPA) and the Control of Pesticides Regulations 1986 (COPR) made under it. The course has been prepared to give officers authorized to enforce Part III an understanding of their powers and functions. Contents: review of the requirements of FEPA and COPR; application of COPR; pesticide approval; consents; the advertisement, sale, supply, storage, transport and disposal of pesticides; use of pesticides and codes of practice; summary of the Control of Substances Hazardous to Health Regulations 1988 (COSHH); elements of training; powers of enforcement; offences. Self-assessment questions and answers are included.
HMSO Books, PO Box 276, London SW8 5DT, United Kingdom, 1992. vii, 215p. Price: GBP 16.00.
Safety and health for engineers
This manual is arranged in five parts. Part 1 discusses the importance of safety and health and explains fundamental concepts and terms. Part 2 covers legal requirements including workers' compensation and products liability. Part 3 looks at various hazards and reviews engineering controls for their elimination or reduction. Part 4 covers human behaviour and performance in safety including procedures, rules, training and ergonomics. Part 5 addresses the management of safety and reviews approaches for the hazard analysis of equipment, processes and systems. Appendices include OSHA chemical exposure limits for air contaminants and ergonomics data.
Van Nostrand Reinhold, 115 Fifth Ave., New York, NY 10003, USA; Chapman and Hall, 2-6 Boundary Row, London SE1 8HN, United Kingdom, 1990. xx, 651p. Illus. Bibl.ref. Index. Price: GBP 85.50.
WCB blasters' handbook
Intended as a study guide for persons who wish to be examined for a Workers' Compensation Board blasting certificate, this manual also serves as a source of reference for those already working in industry. Chapters cover topics such as: theory and classification of explosives; initiating devices and accessories; priming the charge; disposal of explosive materials; legal responsibilities; handling, transportation and storage of explosive materials; control of the blasting area; and initiation systems. Glossary.
Workers' Compensation Board of British Columbia, 6951 Westminster Highway, Richmond, British Columbia V7C 1C6, Canada, 1990. 237p. Illus.
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