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Law Study

Post all your law questions in here, whether it's case law, general law, individual Acts or Regulations you are challenged with, we are all here to help.

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Thommo
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Industry Sector: Construction
Occupation: Health & Safety Manager.

Previous studies include LLB Law (Hons), NEBOSH General, Construction & Fire Certificates. Hope to complete Diploma & MSc in near future.
Location: From Hull - now in Leeds

Re: Law Study

Post by Thommo » Fri May 31, 2013 3:10 pm

Yeah small world - seen a few others from Hull on HSfB, especially those who have done/are doing/will be doing the Diploma at Hull Uni.

All sounds good mate, except the Rovers part ;) Last weekend was good, karma for last year :D

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laurae
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Re: Law Study

Post by laurae » Mon Jun 03, 2013 10:09 am

So...

In accordance with EU Law, directives must be implemented - interpreted by the state.

The HSAWA is our UK interpreted and compliance of the Health and Safety Framework Directive?

The MHSWR were introduced under the HASAWA (Section 15), therefore are mandatory duties also.

So I understand why these regulations are also statute law.

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bernicarey
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Re: Law Study

Post by bernicarey » Mon Jun 03, 2013 11:38 am

lauraepearce wrote:So...

In accordance with EU Law, directives must be implemented - interpreted by the state.

The HSAWA is our UK interpreted and compliance of the Health and Safety Framework Directive?

The MHSWR were introduced under the HASAWA (Section 15), therefore are mandatory duties also.

So I understand why these regulations are also statute law.

Well... not exactly... The directive was 1989, some 15 years after the HSWA. Where the directive really comes into it is the introduction of the 'Six Pack' Regs; Management, Welfare, DSE, MH, PUWER and PPE. The Directive came out and we introduced the Six Pack to cover it. As you say, using the already existing s15 of the HSWA .salut
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laurae
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Re: Law Study

Post by laurae » Mon Jun 03, 2013 12:05 pm

Oh right, I didn't look at the dates very closely.

Do people still refer to it as 'the 6 pack'?

Management of Health and Safety at Work Regulations 1999
The Workplace (health, safety and welfare) Regulations 1992
Display Screen Equipment Regulations 1992
Manual Handling Operations Regulations 1992
Provision and Use of Work Equipment Regulations 1998
The Personal Protective Equipment at Work Regulations 1992

So the HASAWA was 1974, then the directive came out in 1989, and to ensure compliance with the directive, the above were created/introduced under the HASAWA (all of them under section 15) so therefore enforceable, mandatory and also statute law?

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Thommo
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Previous studies include LLB Law (Hons), NEBOSH General, Construction & Fire Certificates. Hope to complete Diploma & MSc in near future.
Location: From Hull - now in Leeds

Re: Law Study

Post by Thommo » Mon Jun 03, 2013 1:29 pm

lauraepearce wrote: So the HASAWA was 1974, then the directive came out in 1989, and to ensure compliance with the directive, the above were created/introduced under the HASAWA (all of them under section 15) so therefore enforceable, mandatory and also statute law?
You are correct, Laura.

Anything with "Act" or "Regulations" within the legislation title is statute law.


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bernicarey
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Re: Law Study

Post by bernicarey » Mon Jun 03, 2013 1:41 pm

Do people still refer to it as 'the 6 pack'?
Well I do ... ;)
For anyone studying now, I guess it depends on the age of your Tutor. Perhaps one of our newer studiers could give us their contribution, although it still comes up quite readily if you search for 'The Six Pack'; perhaps less so if you search from Singapore ;)

If it's passed by government, then it's Statute Law.
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YoungNick
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Re: Law Study

Post by YoungNick » Mon Jun 03, 2013 5:04 pm

Hey Thommo

I didn't even know they where such a law for sports! Thats the great thing about all the law side of things, not only for health and safety bus as a whole i guess. It really is interesting to read how such cases came about and how they where then put through and now used in Common Law.

Thank you very much mate, she really is keen to start in 2014 - at the moment she wants to go into crime scene investigation but also has a interest in been a lawyer. Like you say its very versatile and im sure has lots of doors to more career paths. I really appreciate your help in regards to contacting you for the entry info and such. Im sure i will most definitely take you up on that offer as she is having a few issues with the entry requirements and alike with UCAS.

Did you have much experience within h&s before you was chosen for your current role as a h&s manager? If not, that is absolutely brilliant. I can imagine your a great asset to your company with not only fresh new knowledge in health and safety but with lots of law knowledge and experience which im sure the management love ./thumbsup..

Which was your most enjoyable cert? NGC, NCC or FCC? I loved all three in all honesty but NCC was my most enjoyable as id like to have a h&s role in the construction industry but fire again was really broad and opened a lot more up for me in parts i never new existed.

Nick
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A big thank you to all the members here at HSfB.

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laurae
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Re: Law Study

Post by laurae » Tue Jun 04, 2013 4:51 am

Thanks! ./thumbsup..

I have heard of the 6 pack but thought it was something from years ago. I just presumed from the offset that they are just regulations in their own standing.

Nice to see and understand the link though now.

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YoungNick
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Re: Law Study

Post by YoungNick » Tue Jun 04, 2013 5:30 am

bernicarey wrote:
Do people still refer to it as 'the 6 pack'?
Well I do ... ;)
For anyone studying now, I guess it depends on the age of your Tutor. Perhaps one of our newer studiers could give us their contribution, although it still comes up quite readily if you search for 'The Six Pack'; perhaps less so if you search from Singapore ;)

If it's passed by government, then it's Statute Law.

In 2010 for the NGC course i did via classroom, we still referred to " the six pack " even thou we didn't go into great detail in regards to the WHSWR and MHOR regulations. Unless my brain was filled with to much info and I can't remember if we did or not :lol:
Hope for the best, but prepare for the worst.

A big thank you to all the members here at HSfB.

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Thommo
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Joined: Wed Jan 02, 2013 2:37 pm
Industry Sector: Construction
Occupation: Health & Safety Manager.

Previous studies include LLB Law (Hons), NEBOSH General, Construction & Fire Certificates. Hope to complete Diploma & MSc in near future.
Location: From Hull - now in Leeds

Re: Law Study

Post by Thommo » Tue Jun 04, 2013 9:54 am

Yeah, regarding the "6 pack regs" quite a few people still refer to this term, although this is more on a personal basis, i.e. class room learning - don't think its mentioned as much in literature and texts.

No worries, Nick. If I can be of assistance then don't hesitate to contact me. If your girlfriend is considering crime scene investigation a forensic science degree would be suitable. I know a few people who work in that industry and sciences are the relevant qualifications. On the other hand, if she wants to be on the legal side of matters should could try and get work experience at law firms working in different sectors, e.g. personal injury, family, criminal, property, etc then she will get a feeling and understanding of the work and which subjects she may want to pursue as a career. Another idea, depending what she is doing at the moment, she may want to contact Neil Hudgells or Rapid who are often taking on new staff. 2 successful Hull firms who will be local to you. (I previously worked for Rapid as an investigator.) Getting the job on the CV will be a foot in the door to help move into other areas of law, even if she doesn't want to work in Personal Injury or Medical Negligence. It will also help with any studies she undertakes.

Getting work experience is key. It will help secure a personal understanding and insight on top of gaining the all important experience on her CV - that is what the employers are after. If she wants to go down the solicitor route she is best doing law at uni and applying for a training contract with law firms when in her second year. She will then have to do the LPC (Law Practicioner Course), which costs around £10,000 (can be done full or part time) followed by a 2 year training contract. To be a barrister is somewhat similar, except you have to obtain a pupilage and then go to the "bar", etc, which people consider a tougher route but greater rewards. There are other options along this route, such as obtaining a working-training contract whereby a firm will assist with the LPC, training contract, etc whilst you are working for them.

Speaking of work experience, and to answer your question Nick, it is gaining work experience which is what led to me gaining my current position. It was a hard slog of further qualifications and putting the word out to get work experience and appying for jobs. Whether training, educational or advisory, work experience in Health & Safety just to get the foot in the door is necessary. I found this in law too - getting your foot in the door and experience on the CV and landing the job is the hardest part, but obviously well worth it when, at the end of the day, it is the overall target.

I've looked at the CVs of people in top Health & Safety positions and it is interesting that a lot of them don't have lots of qualifications. They generally have a lot of experience within their field and move into Health & Safety. However, there are a lot more young people getting into Health & Safety from college and university positions which may change this in future. In any event, I believe a strong combination of qualifications, experience and enthusiasm is a winner.

I must say NGC was my favourite. Most people I've dealt with hate NGC1 due to all the legal elements involved, but that is what I did for a living at the time and what I had studied at university, which suited me. It also helped others I studied with as I was able to explain things to them on a level they understood better and provide details of cases I was working on. NGC2 was good as I have done a fair bit of manual work too, from labs to agricultural and mechancial, and my family have always been involved in such industires, so I was able to have a bit of change and put other issues to theory.

(Apologies for the long posts folks.)

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YoungNick
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Re: Law Study

Post by YoungNick » Wed Jun 05, 2013 12:15 pm

Hey Thommo

Going to reply to you with PM mate .salut
Hope for the best, but prepare for the worst.

A big thank you to all the members here at HSfB.

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