Safety, Security, Health and Environmental Law - Assignment Example

Unit 1 1. Safety, security, health and environment law which has been passed by the government to protect human lives. This law looks after matter which arises due to business undertakings and takes care of all the risk which arises due while doing a business. This law thus ensures that the effect on human beings are reduced which will thereby improve the living condition. (Page 1) 2. The chimney sweep regulation during the industrial revelation teaches that proper laws and regulation ensures that the harm to human life is reduced. The Act which was introduced in 1840 has reported around 1872 deaths. SSHE from the incident can draw vital points and look towards regulations which ensure that ventilation at the work place is good. This will reduce the chances of injuries due to lethal gases. Also ensuring proper timing for work will ensure that the employee is able to work efficiently and accidents are reduced. License and rules which govern and ensure that such regulation benefit mankind will help to reduce fatalities and ensure that health, safety and security on an individual is maintained. (Page 9) 3. There are six steps involved in framework for security risk management. Firstly, to develop a security management policy looking into the security concerns. Secondly, ensuring that the resources are allocated in a manner which will ensure execution of policy. Thirdly, identifying and managing the risk involved. Fourthly, having regular checks to ensure that the security plans are working as per the set standards. Fifthly, bringing the requisite changes if needed to ensure that the plans adhere to the guidelines and the objective is achieved. Lastly, having a emergency plan which can be executed to ensure that any major changes are accounted for so that the objective of security risk is achieved. (Page 3) 4. The relevance of the UK safety at Work Act of 1974 can be gauged from the fact that it looked after safety standards and was a law which was not much prevalent at that time. This was an extensive law which was passed and supported by Approved Codes of Practice (ACOP) ensured that the work environment looked after the safety of workers. This law included which looked after the working condition and laid importance to inspection and enforcement to ensure that the working place matched the requirements. This law was concerned with the safety at work place and ensured strict punishment made it gain relevance. (Page 12) 5. Hierarchy of legal obligations is an act which different legislation lays importance to different factors and all concerning the safety and legal requirements and considering a certain activity important in comparison to others. The core purpose of each legislation is to ensure a safe environment but the manner in which each looks is different thereby creating disparities. Like we see in New South Wales occupational health has been given priority but Queensland follows a different hierarchy. Having different jurisdiction and different legislation had laid importance to different laws thereby giving a hierarchical importance to one. (Page 17) 6. The environmental law looks into the aspect of hunting and looks to protect humans form the same. This has also raised concern for the environment due to degradation taking place. To ensure that both human and the environment is looked after the government had drafted this law. With such wide importance th scope has also grown and includes investment notices, improvement notices, prohibition notices, prosecution and enforceable undertaking so having more fines for the environmental regulation is justified as compared to OHS. This thereby ensures that both the aspect of human and environment is considered. (Page, 19) 7. The problem of insuring against OHS, security and environmental offence is that regulation cannot be insured. Since, there is no law supporting the insurance of regulation so a person who does so is guilty ob breaking the contract and provisions The reason for doing such an act could be to albeit commission, counselling or other factor. Since, it is a crime and doing so harms the society more instead of creating positive results so it creates a problem of insuring against OHS. (Page 24) 8. Personal and corporate liability differs on the fact that personal liability lies with the person concerned whereas corporate liability lies with the corporation. Corporate liability holds the company responsible for the breach of contract and the person who acted on its behalf cannot be termed guilty but it is not the case with personal liability. Here the person himself is liable for the fault. Also the personal assets of the person can be utilized in case of personal liability but in corporate liability this is not possible and only the company assets and faults can be realized. This thereby helps to differentiate between the corporation and the person thereby holding the person liable for the fault committed by them. (Page 35) Unit 2 1. Occupational security law is the law concerned with security and terrorism threats which arise due to corporate activity. It is derived from a broad subset of Anti-terrorism Act No 2 2005 which deals with anti-terrorism and criminal laws. This law still has a distinction from the money laundering and counter terrorism financing laws. (Page 36) 2. Terrorism is a politically motivated violence which includes different ideologies, religion and is directed against non-combatants with the intention to create terror so that the objective with which it was done is achieved. Religion and terrorism have been companions throughout the history of terrorism. The definition of it has widened and includes almost everything and with the involvement of the private sector has increased the risk. (Page 36) 3. The extent to which the private sector will bear the burden is unclear. Business units need to take responsibility on this front as they use materials which are dangerous and can be used as weapons of destruction. It is seen that only business that are into transport, maritime, air and rail, critical infrastructure, and major hazard facilities have started and raised concerns in this direction. Despite the efforts of Commonwealth Government the extent is limited and will require other business units to pay attention and bear the burden so that the risk involved due it reduces. (Page 37) 4. Security Management plans which follows the terrorism Act 2003 (Vic) requires that business units take specific steps to ensure that materials which are dangerous and can mass destruction are protected. The security management plan must include a. aassessing the risk properly b. Measure to reduce risk c. Person who will look after the management of the risk plans d. Procedure for public notification and the procedure for the same e. Procedure for communication with the concerned departments and emergency services f. Risk management plan which has previously been prepared under the emergency management act g. Training and other facilities to be imparted to the staff. (Page 47) 5. Security sensitive is a term for the corporate sector to devise a strategy which will help to reduce terrorism activity. This will thereby help to ensure that human lives are safe and improvement will help to shape human life. Security sensitive is related to storage, transport and disposal of chemicals which are hazardous and can damage human lives. Under this, a license is required to import, manufacture, store, transport, supply, export, use or dispose of substances containing harmful chemicals. To ensure it special care and attention have been directed at. Like ammonium nitrate which becomes a risky product at temperature over 45%. Steps have been taken to protect those so that safety of human lives is laid stress upon. (Page 48- 50) 6. Designers of premises are to be held liable for the damages if security is not laid importance to. Designers have a duty to ensure that the premises they design are safe and free from risks to health and safety. Designers need to design the work place such that it is safe and free from risk. For example, it is estimated that there have been over 60 terrorist attacks against shopping centers in 21 countries since 1998. Designers needs to ensure that while designing the building or shopping centers stress is laid on safety and buildings are designed in a manner which makes it safe and secure. (page 82) 7. Security risk management has an external focus and looks at the risk which arises due to harmful materials. Private sector needs to work on this front and ensure that sufficient safety measures are taken while manufacturing, storing, transporting and disposing these harmful materials as it can cause destruction to human lives. Security risk management is thus a higher part of security risk management and includes security risk management. The focus here is internal and helps to ensure the efficiency of security risk management. “The security risk management process begins with threat identification compared to safety risk management process which starts with hazard identification”. Thus both looks into safety aspect but from a different angle thereby strengthening the management process.(Page 83) 8. Business continuity management is achieving the critical objectives by ensuring that the process and resources which are required to achieve those is available. It requires “identification of the critical business assets and process, finding the vulnerability of those assets and process as being lost, development of strategy which will help to achieve the objectives and procedures for recovery”. This thus helps to reduce risk and helps to draft strategies and continuity plan which will help to achieve the critical objective. For this it is important that communication is proper and also training is provided. Ensuring so will help business units to achieve the critical objective for which it was set. (Page 78) Unit 3 1. Difference in scope of the safety rules between the Australian jurisdictions gives rise to different factors each lay importance on. It is seen that New South Wales & Queensland lay stress on safety of employees at the work premise at the work place. Whereas when compared to other jurisdiction the stress is less. It can be also seen by the fact that in Queensland the onus to prove the fault lies on the defendant whereas in other places it is on the prosecution. This gives difference to the scope as the applicability in each jurisdiction changes thereby brings certain changes in its scope. UK on the other hand follows a single approach compared to Australia which makes the entire jurisdiction act similarly. (Page 84-88) 2. The law states that a high risk industry where the risk factor is high needs to be treated with utmost care and attention as it could lead to wide scale destruction and to prevent that attention needs to be paid. An example in that direction is that of the hospital as provided where special measures are taken to ensure that fumes are not released as it can cause harm and affect human life. Since, the risk involved with such a consequences is high so special efforts are needed to ensure that it doesn’t happen. (Page 88) 3. Reasonably Practicable means measuring the risk if certain incident occurs and also analyzing the consequences of such an event. It has been used differently in different context. In safety terms, “it is performing duties in all but two jurisdictions and is other places it is a charge against other jurisdiction”. It is a statutory code to act in a manner in common law. (Page 91-92) 4. Environmental harm has been used differently at different places but the central meaning remains the same which is protecting the environment. Environmental harm is “direct or indirect harm caused to the environment by removing the trees and vegetation”. This thus gives rise to two factors. Firstly it is increasing the pollution level and secondly degrading the environment resulting is erosion due to felling of trees. This entire look at the same thing from a different angle thereby broadening the view of environmental harm. All definition looks at it from a certain point and avoids the others thereby reducing the impact it causes on society. This thus lays stress on environment. (Page 96) 5. The designer needs to ensure safety of the premise by constructing the premise in such a manner that safety is given prime importance. In all “Australian States and Territories except the Australian Capital Territory, New South Wales and the Commonwealth, a designer of premises for use as a place of work has a duty to ensure that the premises are designed in a manner that is safe and free from risks to health and safety”. Like, in Victoria, South Australia, Tasmania the duty of the jurisdiction says that the building and structure needs to be safe. In Western Australia & Queensland the jurisdiction is extended to and includes the safety of the person who uses the building alongside the safety in the structure. Thus it lays stress on safety and the designer based on the jurisdiction he belongs to needs to adhere to it. (Page 148-149) 6. The duty of controller of workplaces ensures that the premise is safe and free from risks to health and safety (NSW’s and Queensland’s jurisdiction). Increasing pollution level is a concern and the controller has to watch out for that. This thus lay stress on the fact that controller of work place needs to ensure a mechanism which will help to reduce the risk concerns. (Page 132- 133) 7. Franchisors are to be held liable to the OHS offences. With the growth in the business of franchisor business there duties have magnified and its their duty to ensure that non employees are not exposed to the dangers. This could have a lethal effect as it could affect the growth in the society thereby creating an impact which will affect major decision making. It calls for an urgent need to ensure that steps are taken to reduce the environmental risks. This duty to provide “a safe workplace cannot be delegated to a franchisee or independent contractor and breach can result in a fine of up to $1.65 million for the company and $190,000 for individual directors or employees who have the capacity to make decisions affecting the franchisor’s financial status”. (Page 131) 8. Both the supplier and the employer have a legal duty to look into safety areas. Both should be equally held liable as the rise in pollution and environmental harm is a result of mixed efforts on both the front. The employer by working on the goods supplied by the supplier draws new products. So the supplier needs to supply the correct things. Since, supplier have an upper control as compared to the employer so its their prime duty to ensure safety. Employer should also ensure that if certain goods which are unfit should not be used and the supplier notified about it. “Supplier’s liability thus has a broader spectrum covering both occupational and domestic usage of supplies”. So, safety needs to be ensured and both the supplier and employer need to look into it and the supplier and employer needs to ensure that measures are taken to keep things safe. (Page 142-144) Read More