Tort and Safety Culture

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  • Topic: Tort, Law, Donoghue v Stevenson
  • Pages : 4 (709 words )
  • Download(s) : 154
  • Published : April 5, 2013
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NEBOSH Certificate Definitions – Common Words/Phrases

ACCIDENTS - are undesired and unplanned events which may cause personal injury, damage to property or equipment, or loss of output, or all three.

DANGEROUS OCCURRENCES - these are events or situations that could harm employees at work in such a way that there is a legal requirement to report them. If something happens which does not result in a major injury, but clearly could have done, it may be classed as a dangerous occurrence.

NEAR MISSES - these are any form of accident which could result in injury or loss but do not.

HAZARDS - a situation with the potential to cause harm or danger.

UNSAFE CONDITIONS - physical conditions of the workplace which render it unsafe. i.e., unguarded machines, spills.

UNSAFE ACTS - practices which human beings perform which are hazardous, i.e., rushing, short cuts, horseplay, drink or drugs abuse within the workplace.

RISK - the likelihood that the harm from a particular hazard is realised.

MAGNITUDE OF RISK - is an estimate of how likely it is that someone would succumb to a particular hazard, with an assessment of the likely severity of injury caused. LIKELIHOOD X SEVERITY.

EMPLOYERS’ “DUTY OF CARE” - exercising reasonable care in order to protect others from the risks of foreseeable injury, health problems or death at work. Identified in the case of Wilson & Clyde Coal Co. Ltd V English (1938). Common law duties were then set to provide and maintain:

Safe place of work, safe means of access/egress
Safe systems of work
Safe appliances, equipment and plant
Competent and diligent people - selection, training and supervision

THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable care towards others, resulting in loss, damage or injury. Key defining case - Donoghue V Stevenson (1932).

Three main points to test for negligence:

1. Defendant under duty of care to claimant (injured...
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