Health and safety law
Encyclopedia
Health and safety law is a body of law that protects the health, safety and welfare of the general public and certain defined sectors of the population such as employees. Most jurisdictions have a framework of health and safety law which will usually be enforced by the state using an inspectorate, regulatory control and the criminal law.
The regulatory framework for health and safety will usually operate alongside a civil law
system which would allow individuals to bring a law suit against a person, company or organisation which may have been liable for personal injury or even death. Thus where an employee has been injured through an accident at work in the UK the Health & Safety Executive may instigate a criminal prosecution which may result in a financial penalty (fine) and now in certain circumstances of corporate manslaughter could result in imprisonment of those individuals responsible – however the injured employee can also seek damages for the injury caused in the civil courts under areas of civil law such as negligence
and occupiers liability.
A recent example has been the ‘Great White’ disaster in the USA. Here a nightclub caught fire after the rock band ‘Great White’ set off pyrotechnics which in turn ignited the club’s sound proofing which was highly flammable. One hundred people, including one band member, died. The band’s manager, Daniel Biechele and club owners Jeffrey and Michael Derderian were each charged with 100 counts of involuntary manslaughter
with criminal negligence, and 100 counts of involuntary manslaughter in violation of a misdemeanor. Michael Derderian was sentenced to a four year jail sentence with eligibility for a work release programme and Jeffrey Deridian received a suspended ten year sentence and a community sentence whilst Biechele also received a prison sentence. In the civil courts over $1 billion in claims have been made by the families of the dead and injured with defendants including the manufacturers of the soundproofing, the maker of the pyrotechnics, the band and the venue.
The regulatory framework in the UK only began to develop towards the end of the industrial revolution and clearly employers and business at the time had a vested interest to oppose legislation and regulatory control which might affect their business. But progressive societies clearly wish to protect their population and workforce and almost all now have comprehensive legislation. In the United States the law developed in a similar manner. For example In 1891 Congress passed the first federal statute governing mine safety, marking the beginning of what was to be an extended evolution of increasingly comprehensive federal legislation regulating mining activities. The 1891 law was relatively modest legislation that applied only to mines in U.S. territories, and, among other things, established minimum ventilation requirements at underground coal mines and prohibited operators from employing children under 12 years of age. But many would say that after a golden age of health and safety legislation there is now a major problem as legislation and regulation often does nothing to actually protect the public and employees, and indeed has led to the development of a compensation culture
.
In the United Kingdom the primary legislation governing the enforcement of health and safety is the Health and Safety at Work etc. Act 1974. Section 1 of the Act sets out the preliminary purposes of the act. These are for (i) securing the health, safety and welfare of persons at work and (ii) protecting others against risks to health and safety in connection with the activities of persons at work and (iii) for controlling and managing the use of dangerous substances and (iv) for controlling certain emissions into the atmosphere.
The European Union
has instigated a series of Directives in the field of health and safety which must be brought into domestic legislation by all the member countries within agreed time limits. Recent Directives cover noise at work, the manual handling of loads, carcinogens and biological agents.
The creator of an inflatable artwork that flipped over and killed two people has appeared in the Peterlee Magistrates Court yesterday charged with manslaughter by gross negligence and one offence under the Health & Safety at Work Act. Maurice Agis (76) was committed to the Crown Court and will be joined by two more defendants, promotions council Brouhaha International Ltd and Chester-le-Street District Council who were also charged under the Act. Tony Galloway (48) the Council's director of development services has been charged with a separate breach of the Act and he was remanded on unconditional bail. The charges are in connection with an incident when the Dreamspace sculpture flipped into the aire at Chester-le-Street, Co Durham, in July 2006 killing two adults who were inside the sculpture. A further 15 visitors were injured.
Company in dock for third time
A waste disposal, construction and demolition company has been fined £20,000 after an employee was run over by a dumper truck. The company pleaded guilty to contravening s2(1) of HSWA by failing to ensure the safety of an employee, it was also ordered to pay full costs of £6,580. Gloucester Crown Court was told that the incident occurred on 9 August 2004 at a waste transfer station in Gloucester, where rubbish is brought by skips and lorries for recycling or landfill. A dumper truck being driven out of the waste transfer station struck the man as he stood with his back to the doors, running him over and fracturing his pelvis and femur. The driver had been unable to see the supervisor, as the truck had a high load of wooden pallets in the bucket at the front, and he was coping with changes in light between the two areas. In mitigation, the company said it had put a lot of work and investment into health and safety since the incident. The court was told that this incident was the third for which the company had been prosecuted in the last two years. Its construction division was fined £5,000 in January 2005 after an untrained worker overturned a dumper truck while reversing it without wearing a seatbelt, breaking his leg. Its demolition division was fined £12,500 in September 2005 after an untrained and unsupervised operative fell through a fragile roof.
The regulatory framework for health and safety will usually operate alongside a civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
system which would allow individuals to bring a law suit against a person, company or organisation which may have been liable for personal injury or even death. Thus where an employee has been injured through an accident at work in the UK the Health & Safety Executive may instigate a criminal prosecution which may result in a financial penalty (fine) and now in certain circumstances of corporate manslaughter could result in imprisonment of those individuals responsible – however the injured employee can also seek damages for the injury caused in the civil courts under areas of civil law such as negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
and occupiers liability.
A recent example has been the ‘Great White’ disaster in the USA. Here a nightclub caught fire after the rock band ‘Great White’ set off pyrotechnics which in turn ignited the club’s sound proofing which was highly flammable. One hundred people, including one band member, died. The band’s manager, Daniel Biechele and club owners Jeffrey and Michael Derderian were each charged with 100 counts of involuntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
with criminal negligence, and 100 counts of involuntary manslaughter in violation of a misdemeanor. Michael Derderian was sentenced to a four year jail sentence with eligibility for a work release programme and Jeffrey Deridian received a suspended ten year sentence and a community sentence whilst Biechele also received a prison sentence. In the civil courts over $1 billion in claims have been made by the families of the dead and injured with defendants including the manufacturers of the soundproofing, the maker of the pyrotechnics, the band and the venue.
The regulatory framework in the UK only began to develop towards the end of the industrial revolution and clearly employers and business at the time had a vested interest to oppose legislation and regulatory control which might affect their business. But progressive societies clearly wish to protect their population and workforce and almost all now have comprehensive legislation. In the United States the law developed in a similar manner. For example In 1891 Congress passed the first federal statute governing mine safety, marking the beginning of what was to be an extended evolution of increasingly comprehensive federal legislation regulating mining activities. The 1891 law was relatively modest legislation that applied only to mines in U.S. territories, and, among other things, established minimum ventilation requirements at underground coal mines and prohibited operators from employing children under 12 years of age. But many would say that after a golden age of health and safety legislation there is now a major problem as legislation and regulation often does nothing to actually protect the public and employees, and indeed has led to the development of a compensation culture
Compensation culture
"Compensation culture" describes a society in which it is acceptable for anyone who has suffered a personal injury to seek compensatory damages through litigation from someone connected with the injury...
.
In the United Kingdom the primary legislation governing the enforcement of health and safety is the Health and Safety at Work etc. Act 1974. Section 1 of the Act sets out the preliminary purposes of the act. These are for (i) securing the health, safety and welfare of persons at work and (ii) protecting others against risks to health and safety in connection with the activities of persons at work and (iii) for controlling and managing the use of dangerous substances and (iv) for controlling certain emissions into the atmosphere.
The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
has instigated a series of Directives in the field of health and safety which must be brought into domestic legislation by all the member countries within agreed time limits. Recent Directives cover noise at work, the manual handling of loads, carcinogens and biological agents.
Recent Examples
Court hearing after artwork deathsThe creator of an inflatable artwork that flipped over and killed two people has appeared in the Peterlee Magistrates Court yesterday charged with manslaughter by gross negligence and one offence under the Health & Safety at Work Act. Maurice Agis (76) was committed to the Crown Court and will be joined by two more defendants, promotions council Brouhaha International Ltd and Chester-le-Street District Council who were also charged under the Act. Tony Galloway (48) the Council's director of development services has been charged with a separate breach of the Act and he was remanded on unconditional bail. The charges are in connection with an incident when the Dreamspace sculpture flipped into the aire at Chester-le-Street, Co Durham, in July 2006 killing two adults who were inside the sculpture. A further 15 visitors were injured.
Company in dock for third time
A waste disposal, construction and demolition company has been fined £20,000 after an employee was run over by a dumper truck. The company pleaded guilty to contravening s2(1) of HSWA by failing to ensure the safety of an employee, it was also ordered to pay full costs of £6,580. Gloucester Crown Court was told that the incident occurred on 9 August 2004 at a waste transfer station in Gloucester, where rubbish is brought by skips and lorries for recycling or landfill. A dumper truck being driven out of the waste transfer station struck the man as he stood with his back to the doors, running him over and fracturing his pelvis and femur. The driver had been unable to see the supervisor, as the truck had a high load of wooden pallets in the bucket at the front, and he was coping with changes in light between the two areas. In mitigation, the company said it had put a lot of work and investment into health and safety since the incident. The court was told that this incident was the third for which the company had been prosecuted in the last two years. Its construction division was fined £5,000 in January 2005 after an untrained worker overturned a dumper truck while reversing it without wearing a seatbelt, breaking his leg. Its demolition division was fined £12,500 in September 2005 after an untrained and unsupervised operative fell through a fragile roof.
External links
- http://www.hse.gov.uk/legislation/hswa.htm (UK)
- http://www.hse.gov.uk/pubns/law.pdf (UK)
- http://www.agius.com/hew/resource/hswlaw.htm (UK / Europe)
- http://osha.europa.eu/en/ (Europe)
- http://www.aflcio.org/issues/safety/ (USA)
- http://www.msha.gov/mshainfo/mshainf2.htm (USA)
- http://www.musiclawupdates.com/articles/ARTICLE%2003regulatedtodeath.htm