Interpreting and Applying Legislation - Assignment Example

[1 mark] 2. What is the legal duty placed on employees to take care of their own health and safety while they are working? Refer to the relevant section of the Act in your answer. (Summarise in to your own words –No more than 50 words) Section 19(a) of Public act 1992 describes how the act applies to employees. Employees are expected to ensure their own safety by having protective clothing and equipment, while Section 19(b) seeks to protect other people from employees’ action or in action.

[1mark] 3. What is the meaning of the word ‘hazard’ under the HSEA? Section 2 of the public act 1992 provide the definition of hazard as an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; subparagraph (i) and (ii) validates this definition as; (i) A situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and (ii) Without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour.

[1 mark] 4. . The act guides and safeguard people in there place of work against indemnification and help meet international standards. 5. Why is it important to know what the ‘purpose’ of an Act is when trying to understand it? (Hint: Refer to relevant sections of The Interpretation Act 1999 in your answer). Section 5(1) of the interpretation Act 1999 submits that acts are to be interpreted according to their purpose. Purpose is therefore important for clear understanding and interpretation of an act.

[1 mark] 6. What is the meaning of ‘significant hazard’ and what is an employer legally required to do when a significant hazard is identified. Refer to the relevant sections of the Act in your answer. (Provide the definition and then summarise the legal obligations in to your own words –No more than 50 words) A significant hazard is a hazard that can result to serious occupational illness. Section 8 prescribes that employers have a role of eliminating significant hazard to employees. If it cannot be eliminated, section 9 requires the employer to isolate it from the employees.

If elimination and isolation are impracticable, then significant hazard must be minimised (section 10). [1 mark] 7. Where do you find the list of injuries and illnesses that constitute ‘serious harm’? Give two examples of serious harm. Schedule 1 HSE Act 1992 Example of Serious harm; Amputation of body part. Loss of consciousness, or acute illness requiring treatment by a medical practitioner, from absorption, inhalation, or ingestion, of any substance. [1 mark] 8. What is an employer required to do where there has been a serious harm illness or injury?

Refer to the relevant section of the Act in your answer. (Summarise in to your own words –No more than 50