Quick question
Moderator: Moderators
Quick question
could you lovely people give me some guidance on this question please . This is an Identify question. It is asking for possible defences of an employer following a prosecution under the HASAWA.
Last edited by Alexis on Sun Jul 30, 2017 11:57 am, edited 1 time in total.
Reason: Just rearranging the question and removing reference to specific Provider.
Reason: Just rearranging the question and removing reference to specific Provider.
- Alexis
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Re: Quick question
Hi Paraandy8.
A very warm welcome to HSfB. Good to have you aboard.
I'm assuming this is relating to the Burden of Proof where the Employer should take "reasonable care" and the case was brought under "the balance of probabilities" that "reasonable care" had not been taken, therefore there was a breach of the employers "duty of care".
So the claimant has then to show:
1 That a duty of care was owed to them by the employer
2 That that duty had been breached.....and.....
3 That the breach had caused harm, loss or damage to the claimant
The defence of the Employer could then show:
1 That no duty of care was owed to that claimant by the employer
2 That "reasonable care" had indeed been shown by the Employer on "the balance of probabilities" (likelihood of injury/severity/consequences)
3 That the loss or injury did not arise from any breach by the Employer....and....
4 That the claimant was responsible
We have an excellent printable simplified "Otto Bible" (one of our Moderators) that will help you with your NGC1. viewtopic.php?f=2&t=6133
Can I ask that you slightly reword any direct NEBOSH questions as they are copyright. Thank you.
I have taken out your reference to your Provider Paraandy, just to keep any future posts free from advertising.
To help with the Action Verbs (in this case Identify), our main site pages are full of Downloads for all sorts of H&S things including the Action Verbs to help throughout your study. https://www.healthandsafetytips.co.uk/ https://www.healthandsafetytips.co.uk/d ... h-specific
Hope this helps.
A very warm welcome to HSfB. Good to have you aboard.
I'm assuming this is relating to the Burden of Proof where the Employer should take "reasonable care" and the case was brought under "the balance of probabilities" that "reasonable care" had not been taken, therefore there was a breach of the employers "duty of care".
So the claimant has then to show:
1 That a duty of care was owed to them by the employer
2 That that duty had been breached.....and.....
3 That the breach had caused harm, loss or damage to the claimant
The defence of the Employer could then show:
1 That no duty of care was owed to that claimant by the employer
2 That "reasonable care" had indeed been shown by the Employer on "the balance of probabilities" (likelihood of injury/severity/consequences)
3 That the loss or injury did not arise from any breach by the Employer....and....
4 That the claimant was responsible
We have an excellent printable simplified "Otto Bible" (one of our Moderators) that will help you with your NGC1. viewtopic.php?f=2&t=6133
Can I ask that you slightly reword any direct NEBOSH questions as they are copyright. Thank you.
I have taken out your reference to your Provider Paraandy, just to keep any future posts free from advertising.
To help with the Action Verbs (in this case Identify), our main site pages are full of Downloads for all sorts of H&S things including the Action Verbs to help throughout your study. https://www.healthandsafetytips.co.uk/ https://www.healthandsafetytips.co.uk/d ... h-specific
Hope this helps.
"A candle loses none of its light by lighting another candle."
Hundreds of FREE Health & Safety Downloads Here
Hundreds of FREE Health & Safety Downloads Here
Re: Quick question
Thank you very much. Sorry it was a question in the Ed Ferret/ Phil Hughes book but i shall reword in future cases thank you for the advice . I think I'm trying to read to much into the subject and getting confused but a great forum
- Alexis
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Re: Quick question
No problem paraandy.
Pleased you are finding the forums helpful.
Pleased you are finding the forums helpful.
"A candle loses none of its light by lighting another candle."
Hundreds of FREE Health & Safety Downloads Here
Hundreds of FREE Health & Safety Downloads Here