46
|
P a g e
This is another instance where the onus of proof is shifted onto the accused. You should
remember that a similar situation occurs whenever an ACOP is introduced in evidence.
The HSC and the HSE were established by section 10 of The HASWA.
The HSC consists of a Chairman and between six and nine other members appointed by
the Secretary of State. The members are selected to represent employers, employees
and other interest groups.
The HSE consists of three persons, one of whom is appointed by the HSC, with the
approval of the Secretary of State, to be the Director General of the HSE.
In general terms, the HSC is a policy body and the HSE is its enforcement arm. The HSC,
for example, will decide if new legislation will be required to implement European
Directives and will target industries and activities which HSE need to concentrate upon.
In addition, the HSC has the power to produce and issue Approved Codes of Practice.
In order to perform its enforcement role, the HSE has to appoint specialist and general
inspectors to work on its behalf. These inspectors are granted certain rights under the
HASWA; inspectors are issued with warrant cards by the HSE.
Case Law
In this section we have provided a brief explanation of the Case Laws listed within the
IOSH IPD syllabus.
Case law will help with your study as it provides knowledge of the meaning of terms
used in statutes such Absolute, Reasonably Practicable, Practicable, Safe System and
Duty of Care etc. etc.
For instance when would you use the term “Practicable as opposed to the term
Reasonably Practicable and why would it be important to do so?
Case Law
Legal principles enunciated and embodied in judicial decisions that are derived from the
application of particular areas of law to the facts of individual cases.
As opposed to statutes—legislative acts that proscribe certain conduct by demanding or
prohibiting something or that declare the legality of particular acts—case law is a dy-
namic and constantly developing body of law. Each case contains a portion wherein the
facts of the controversy are set forth as well as the holding and dicta—an explanation of
how the judge arrived at a particular conclusion. In addition, a case might contain con-
curring and dissenting opinions of other judges.
Case law
Reported decisions of appeals courts and other courts, which make new interpretations of
the law and, therefore, can be cited as precedents
.
