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Legislation

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Legislation & Voluntary Activity in OH Practice Dr David Snashall Guy s & St Thomas NHS Foundation Trust – PowerPoint PPT presentation

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Title: Legislation


1
  • Legislation Voluntary Activity in OH Practice
  • Dr David Snashall
  • Guys St Thomas NHS
  • Foundation Trust

2
Table E The Evolution of Health Safety
Legislation
  • Some early, risk specific legislation
  • The Wool, Goat hair and Camel hair Regulations
    1905
  • The Horsehair Regulations 1907
  • The Anthrax Prevention Act 1919
  • The Hides and Skins Regulations 1921
  • The Bakehouses Welfare Order 1927
  • The Biscuit Factories Welfare Order 1927
  • The Sugar Factories Welfare Order 1931
  • Factories Act 1961
  • Offices, Shops and Railway Premises Act 1963

3
1974-88 Development of more General Legislation
  • General umbrella statute heralding new era of
  • health and safety legislation
  • Health and Safety at Work Act 1974
  • A total of seven European directives bearing on
  • health and safety had a strong influence on
  • Control of Asbestos at Work Regulations 1987
  • Control of Substances Hazardous to Health
    Regulations 1998 (COSHH)
  • Noise at Work Regulations 1989

4
Since 1988 Modern Domestic Legislation based on
Risk Assessment
  • More than 20 European directives have produced a
  • deluge of regulations, notably the framework
  • directive and its daughters in 1989 resulting in
    the six
  • pack
  • Management of Health and Safety at Work
    Regulations 1992
  • Workplace (Health, Safety and Welfare)
    Regulations 1992
  • Provision and Use of Work Equipment Regulations
    1992
  • Personal Protective Equipment Regulations 1992
  • Display Screen Equipment Regulations 1992
  • Manual Handling Operations Regulations 1992

5
Table C Comparison of Compensation Systems
Prescribed Occupational Diseases Civil claim
Payment from Government (Social Security) Employer (through Liability Insurance)
Fault required No Yes Must prove negligence by employer
Burden of proof Essentially, the balance of probabilities Balance of probabilities (More likely than not that the employers negligence caused the damage)
Compensation Only if degree of disablement assessed at gt 14 (20 for deafness claims) Only if successful (only 10 are) Otherwise may face costs of defendant
Amounts Modest (19.06 - 95.30 pw, April 1995) Vast majority (98 settle out of court. Sums may be modest, e.g. Slight hearing loss - 3-5,000, Minor back injuries - 5,000, WRULD up to 2 years duration - 3.5-4,000 (guidelines for general damages)
Method of payment Regular Allowance for inflation Lump sum. (90 may be spent within 5 years). Now sometimes structured settlements.
Disadvantages Limited sums narrow prescription criteria Expensive, complex, slow (each 1 compensation costs 85p to obtain Committee)
6
Workplace Legislation
  • Health and Safety Law
  • Master Servant/ Industrial Revolution
  • Approved Codes of Practice
  • Guidance
  • ALARA

7
Workplace Legislation
  • Employment (Labour) Law
  • Rights and Responsibilities
  • Dismissal
  • Attendance

8
Workplace Legislation
  • Anti Discrimination Law
  • Social Security
  • Workers Compensation
  • Disability

9
International Law Legislation
  • Private Agreements, Public Acts
    Treaties, Conventions standards
  • UN Charter
  • Universal Declaration of
  • Human Rights
  • Women Children
  • Disabled Persons Human Rights
  • Minorities covenants
  • Migrant Workers
  • INTERNATIONAL COURT OF JUSTICE

10
UNITED NATIONS
  • Economic Social Sustainable
  • Development
  • Environment
  • Refugees
  • Crime
  • Drugs
  • AIDS

11
ILO
  • UN Agency deals with
  • Vocational training and vocational
    rehabilitation
  • Employment policy
  • Labour administration
  • Labour law and industrial relations
  • Working conditions
  • Management development
  • Cooperatives
  • Social security
  • Labour statistics and occupational safety and
    health

12
Workplace Legislation
  • Working time regulations 1998
  • ? Health Safety

13
Workplace Legislation
  • Human Rights Act 1998
  • (derived from European Convention)
  • Slavery and forced labour child labour
  • Data protection
  • Privacy
  • Data storing
  • Freedom of information (public bodies)

14
Standards Compliance
  • ISO 14000
  • Life cycle assessment
  • BS 8800
  • Risk assessment and reduction
  • Process not performance
  • International trade
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