Health and Safety Law Lecture Review

Flashcards based on the lecture notes covering health and safety law, employee rights, and related case law.

Personal Injury Claims

Claims taken to the Personal Injuries Resolution Board (PIRB) or to the courts for workplace accidents.

Duty of Care

The obligation of an employer to ensure the safety of their employees.

Vicarious Liability

Employer's liability for the wrongful acts of an employee when done within the scope of employment.

Breach of Duty

Failure to meet the standard of care expected in a duty of care.

Contributory Negligence

When the injured party's own negligence contributed to their injury.

Penalisation Claims

Claims under section 27 of the Safety, Health and Welfare at Work Act 2005 for retaliation against protected acts.

Reasonable Care

The standard of care that a reasonable person would exercise in similar circumstances.

Statutory Duty

Legal obligations imposed by law on employers to protect employees' health and safety.

Risk Assessment

Process of identifying potential hazards and evaluating associated risks.

Employer's Obligations

Duties including providing a safe place to work and proper training.

Failure to Warn

Liability that can arise from not informing employees of foreseeable risks.

Health and Safety Authority (HSA)

The organization responsible for enforcing health and safety legislation.

Safe System of Work

Procedures in place to ensure tasks are performed safely.

Duty to Train

An employer's obligation to provide necessary training to employees.

Code of Practice

Guidelines outlining expected practices to prevent workplace bullying.

Employer Liability for Stress

Legal responsibility of employers for mental health impacts on employees.

Foreseeability

The ability to anticipate harm or injury as a result of a specific action or situation.

Bullying Behavior

Repeated inappropriate behavior that undermines dignity at work.

Protected Acts

Actions employees are protected from penalization for, under section 27.

Safety Statement

Document specifying how health and safety will be managed based on risk assessments.

Employer's Breach

A failure to uphold duties, resulting in potential liability for employee injuries.

Personal Injury Action

Legal action pursued by an employee to claim damages for workplace injuries.

Failure to Provide Equipment

Negligence due to lack of proper tools or safety gear for employees.

Duty to Provide Equipment

The obligation of an employer to supply safe and effective working tools.

Direct Liability

Responsibility held directly against the employer for actions or failures.

Implied Term

Unwritten obligations within a contract, such as a safe work environment.

Common Law Duty of Care

Legal responsibilities based on court precedents regarding employee safety.

Bullying Evidence

Documentation or witness accounts supporting claims of workplace bullying.

WRC

Workplace Relations Commission, which deals with unfair dismissal and penalization claims.

Lynch v Binnacle

Illustrative case highlighting employee injury and employer liability considerations.

Stress Related Claims

Legal actions taken by employees suffering psychological harm due to workplace stress.

Negligence Principles

Standards and legal requirements to prove fault in a personal injury case.

Referral to HSA

Reporting incidents or complaints regarding workplace safety issues to the authority.

Duty of Employer to Assess Risks

The obligation to identify potential hazards that could harm employees.

Psychological Injury

Mental harm caused by workplace conditions, such as stress or bullying.

Causal Connection

Link showing that a breach of duty resulted in actual injury.

Employer Accountability

The responsibility of employers to address and rectify unsafe working conditions.

Legal Action for Personal Injury

Steps taken by an employee to seek compensation for injuries suffered at work.

Tort Law

Area of law related to civil wrongs leading to personal injury or harm.

Defective Equipment Liability

Responsibility for injuries caused by faulty or dangerous machinery.

Breach of Contract

Failure by one party to fulfill their obligations as outlined in a contract.

Judicial Precedent

Previous court decisions that serve as a guideline for future similar cases.

Employee Rights

Legal entitlements of workers regarding safe and fair treatment at work.

HSA Annual Report

Publication detailing yearly statistics and findings related to workplace safety.

Safety Culture

The shared values and behaviors in an organization regarding health and safety.

Workplace Inspections

Regular assessments of a working environment to ensure compliance with safety laws.

Employment Contract

Binding agreement outlining terms and conditions of employment.

Psychological Support Services

Resources available to assist employees with mental health challenges.

Workplace Violence Definition

Behavior that poses a threat or harm to employees within the workplace.

Employee Training Requirements

Mandatory learning initiatives to enhance employee safety awareness and skills.

Accident Investigation

Process of analyzing incidents to improve safety measures and prevent recurrence.

Statement of Health and Safety Policy

A formal declaration of an organization's commitment to maintaining a safe work environment.

Duty of Care Elements

Components necessary to establish whether a duty of care is owed, breached, and resulted in damages.

Behavioral Indicators of Bullying

Signs that may indicate someone is being bullied in the workplace.