Free Essay

Safety Law

In: Business and Management

Submitted By yushreen31
Words 307
Pages 2
SAFETY & ENVIRONMENTAL HEALTH
LAW 265
Semester 1 2015

Additional Information 4 step examples of Statutory
Interpretation
Question
Assume that research has shown that a person using a mobile phone while driving has a
25% higher chance of having a road accident.
The W.A Parliament passes a law called the Use of Mobile Phones and Other Electronic
Devices Act 2013 W.A. Section 14 of the Act says:
Section 14. ‘No person shall talk on a mobile phone when driving a motorcar, truck, motorcycle or similar vehicle’
Django is charged with a breach of section 14. While riding his bicycle to university one day he was listening to his girlfriend who had rung him on his mobile phone to tell him about her day.
He argues:
1. He was not talking on his mobile phone
2. He is not driving a motorcar, truck, motorcycle or similar vehicle
Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn.
Step 1 Area of Law: Common law rules of statutory interpretation
Step 2 Principles of Law: Students should discuss:
Literal approach – define it. IRC v Hinchy and other cases
Golden Rule – define it Alder v George and other cases
Mischief rule – define it Smith v Hughes and other cases
The Ejusdem Generis rule-define it Hy Whittle Ltd v Stalybridge Corp and other cases
Step 3 Application of the Law:
If the literal rule was applied, this would be the answer
If the golden rule was applied, this would be the answer
If the mischief rule was applied, this would be the answer
If the ejusdem generis rule is relevant, then it should be applied as well
Step 4 Conclusion: The result will differ depending upon which rule is applied.…...

Similar Documents

Premium Essay

Employee Safety, Health, and Welfare Law Paper

...Employee Safety, Health, and Welfare Law Paper Virginia A. Williams MGT/434 October 22, 2012 Paul D. Love, JD MBA Employee Safety, Health, and Welfare Law Guidelines were leveled at hirers, workers, safety representatives, safety committee members, and health practitioners. The guidelines are a guide to segments 25 and 26 of the Safety, Health, and Welfare at Work Act 2005, hereafter called the 2005 Act. They give general guidance on the roles of each party in the process of safety exchanging of views to reach a decision. The provisions of the act apply to hirers, workers in employments and the self-employed. To encourage a preventive approach to occupational safety and health, it also has implications for individuals who control workplaces, such as landlords or property companies who may have non-one employed but may provide the workplace itself or essential services for use by hirers and workers. The 2005 Act provides for exchanging of views to reach a decision between hirers and workers to help ensure cooperation to prevent mishaps and ill-condition of experiencing physically and mentally soundness. Under Segment 25 of the Act, workers are authorized to choose an assurance delegate to stand for them on assurance and medical subjects in consultations with his or her hirer. Segment 26 lays out the conditions for this exchanging of views on a scope of assurance......

Words: 1614 - Pages: 7

Premium Essay

Safety

...b. Nitrogen dioxide c. Particulate matter d. Carbon monoxide e. Ozone f. Lead 3. For each of these pollutants, NAAQS are set at levels designed to protect public health with an adequate margin of safety (referred to as the primary NAAQS) and to protect public welfare against known or anticipated adverse effects (the secondary NAAQS) a. Areas that do not meet one or more of the knacks are known as nonattainment areas and must comply with a number of special requirements to bring them into attainment. b. NAAQS are to be reviewed and revised as appropriate at least every five years. 4. State implementation plans a. The Clean Air Act gives each state primary responsibility for ensuring that emissions from sources within its borders are maintained at a level consistent with the NAAQS. b. This is achieved through the establishment of source specific emission limits and other requirements in SIPs addressing the primary and secondary air-quality standards. c. The SIP is a constantly evolving regulatory document that must be updated as federal requirements and local conditions change. d. States are responsible for developing SIPs and keeping them up to date. e. Before a SIP becomes enforceable as a matter of federal law, it must be submitted to EPA for review and approval. f. Requirements regarding sip content: The Clean Air Act requires that all steps must be adopted after reasonable notice and public hearing and must include the......

Words: 8907 - Pages: 36

Free Essay

Safety

...Safety Slogans Here are some safety slogans that will help you to make safety a way of life. [pic] Safety is a very important aspect of life, be it at home, out on the road, or at the workplace. Here is a collection of some great safety slogans that you can use on posters to stick up in your office or in your home, or use in presentations, or send as emails. Safety isn't just a slogan, it's a way of life. Better to be safe than to be sorry! Chance takers are accident makers. Be alert! Accidents hurt. A safer you is a safer me. Unprepared = Unsafe. Anyone driving slower than you is an idiot, and anyone going faster than you is a maniac. The best car safety device is a rear-view mirror with a cop in it. Remember - Safety is not a job; it is a way of life. Safety is a cheap and effective insurance policy While on a ladder, never step back to admire your work Safety doesn't slow the job down but mishaps do. A spill, a slip, a hospital trip. Your safety is everyone's responsibility, especially yours. You can't get home, unless you're safe. Ignoring a warning can cause much mourning. The adage "look before you leap" is a lifesaver. The safe way is the right way When jogging, run against the traffic flow. Wear the right protective equipment for the job. Use the right tool for the job. Just because you always did it that way, doesn't make it right. Safety is something you learn from the start - Being accident......

Words: 2954 - Pages: 12

Premium Essay

Employee Safety, Health, and Welfare Law Paper

...Employee Safety, Health and Affirmative Action Law Paper MGT 434 Employment Law FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as twelve weeks of unpaid leave from work in a one year interval. The leave may be for the delivery of a baby, adoption of a baby, taking care of a loved one who is unwell, or in case the worker has a severe illness stopping the worker from fulfilling her or his job requirements. (Vikesland, 2006) As per the Department of Labor ‘workers should provide the company with fourteen to thirty days advance notice when the requirement to take FMLA is imminent’ (DOL, 2010). If the advance notice to the company not be possible, the worker “should provide notice as quickly as possible and practical and the worker usually should abide by an employer’s normal call-in protocols” (DOL, 2010) The company should maintain the health benefit coverage or premiums of the worker when the worker is on FMLA leave under the group retirement plan policy just as if the worker were still doing the job. Once the worker comes back to work, equivalent pay, worker benefits along with other employment factors are restored. The eligibility needs for the worker under FMLA are “working for a covered company for a minimum of one year, 1250 hours during 12 months and with a minimum of fifty other workers hired within seventy five miles with the same company” (DOL, 2010). Companies might not meddle, restrict or refuse workers......

Words: 1474 - Pages: 6

Premium Essay

Safety

...family responsibilities. But will they ever listen...? WW1 SECTION 2 Health and Safety Health and safety issues featured in this section include: a look at workplace smoking bans; a report covering how Forgemasters Steels Ltd dramatically improved their health and safety record; an examination of company policies towards AIDS in the workplace; and an evaluation of how health and safety issues are monitored and employee awareness raised. Personnel Review, Vol. 22 No. 5 1993, pp. 15-20. ©MCBUniversity Press, 0048-3486 Workplace smoking bans R. Mays in The Safety & Health Practitioner (UK), Sep 92 (10/9): p. 14 (3 pages) Discusses the judgement made by an industrial tribunal in Scotland, dismissing a claim for constructive dismissal, following the introduction of a no-smoking policy and looks at the issues raised; points out that a key factor in the judgment was the "reasonable" approach taken by the employer in introducing the new policy, and cautions that other employers should be as careful if they want to set up a smoking ban; sets out some of the steps which should be taken. WH14 People at work J. Stranks in The Safety & Health Practitioner (UK), Sep 92 (10/9): p. 29 (4 pages) Highlights the increasing need to consider the human factors when looking at health and safety issues; looks at the role of management in developing an organizational climate in which health and safety is considered important, and to produce policies which reduce the risk of people......

Words: 16453 - Pages: 66

Premium Essay

Safety

...The U.S. Supreme Court decision in Marshall v. Barlows, Inc., discussed in the lecture and at page 482, paragraphs 4-5 of your text, holds that an OSHA inspector must obtain a search warrant if an employer refuses to submit to an inspection upon the inspector’s first visit. What arguments would you propose a) for and b) against the requirement to obtain a warrant? I will start my answer with a say, I heard it once in my home country “Syria” it says, “the greater contempt for law, is to follow it strictly“. Anyway lets concentrate on the Marshall v. Barlows, Inc. Why require warrants? The protections of the fourth amendment are not dependent upon the characterizations of the search. As judge Prettyman stated is district of Colombia v. Little “To say that a man suspected of a crime has a right to protection against search of his home without a warrant, but that a man not suspected of crime has no such protection, is a fantastic absurdity”. Thus the warrant clause of the fourth amendment applies to all searches and seizures. According to what happened. Today, the OSHA inspector can get into a facility and make his inspection, but he or she must first obtain a search warrant if the attempt to inspect is refused. The OSHA Act provides statutory authority for the issuance of such warrants. All the above lead to one conclusion, that an inspector must have a warrant to get into facility and make his inspection. But in my opinion in some particular cases, the inspector should......

Words: 646 - Pages: 3

Premium Essay

Safety

...Running Head: ARTICLE REVIEW Article Review: Safety, Accidents, and Investigations: Be Prepared for the Unexpected Article Summary In this article, the author has explained the importance of health and safety programs in the companies. Through this article, people can be able to identify the potential job hazards in the organizations and development plan for its safety. Apart from this, he has also explained the methods of effectively responding to the accidents. With the help of this, different strategies for conducting the investigation of the company is also identified by the author. Answer 1: Author’s Main Point In this, the author is mainly focused towards the importance of health and safety programs in companies. He has also explained the accident development plan, which is useful in reducing the job hazards and strategically handle the external accidents investigations (Battles, 2011). Apart from this, the author’s main point is to generate the awareness among different countries and reveals the disadvantages of not having health and safety plan such as increases in health care cost, penalties, lost productivity and fines. Answer 2: Author’s Intended Audience In this paper, the author’s intended audience is organizations in different companies. It is because organizations cover a large number of people and health and safety program also improves the personal life of the employees. At the same time, the author has also generated awareness......

Words: 1268 - Pages: 6

Free Essay

Safety

...currently employed full-time safety professional. The questions you should ask follow. You do not have to stick directly to the questions as your conversation may stray into other important communications type subjects. Your deliverable will be a two-page report plus cover page with an introductory paragraph about who you interviewed. Next will be the Q &A portion, followed by Conclusions. The Conclusions section is where you will identify things you learned from the conversation and the most helpful hints or surprises you learned from the discussion. This should be double spaced, size 10-12 font, printed, and brought to class on the due date. Potential Interview Questions These are Potential questions. You may write your own but they must meet the objectives of the activity above. General Communication Questions 1. With whom do you communicate most frequently about SHE? (For example: fellow safety pros, equal managers, superiors, owners, employees, contractor representatives?) I interact daily with internal employees of the company by overseeing their safety practices. I also communicate approximately 20% of the work day with outside contracts that are performing work on the premises. They may be overseen to make sure that they are in compliance with all of our internal safety practices and codes. 2. How much of your time is spent creating or presenting training programs? Approximately 5%. We have an internal company safety team that meets for one......

Words: 925 - Pages: 4

Free Essay

Safety

...industry, Safety is one of the most critical factor. Research Objectives Literature Review At a time when many companies are emphasizing on improving their business processes, operational efficiency and enhancing pro people focus, safety is one of the most important areas of improvement. It becomes even more critical in a labor intensive industries like manufacturing and construction. Most of the industries have adopted a well set standard operating procedures and efforts are on to get it better day by day. The focus of our study has been to identify the factors which affects the safety awareness, minimizes accidents at workplace and as a result meets operational efficiency of the organization. When the effect of these factors are positive, we may conclude that the organization is people oriented. Previous Studies: One of the earlier studies in this area was conducted by Cox & Cox in the year 1991 for European industrial gas sector. It had considered five factors affecting the safety parameters – effectiveness of arrangements for safety, individual responsibility, individual skepticism, safeness of work environment and personal immunity. This study was done not keeping in mind any specific industry and later on further studies revealed that model and frameworks for employee attitudes to safety may be dependent on the context and hence a generic study for overall industry may not be appropriate. Subsequent study by Cox, Sue & Tomas in the year 1997 on......

Words: 800 - Pages: 4

Premium Essay

Timeline of the History of Australian Occupational Health and Safety Laws

...Timeline of the History of Australian Occupational Health and Safety Laws 1. The early history of Occupational Health and Safety Laws and significant historical events that helped to shape current laws 1833 The first HM Factory Inspectorate was formed in the UK. The major goal of the Inspectorate was to inspect factories and workshops to prevent injuries of child textile workers (Factories and Workshops: Annual Report of the Chief Inspector of Factories and Workshops, 1842, p. 9). 1837 Priestly vs. Fowler case in the UK was used to establish occupational health and safety as part of common law. In this case, a butcher’s assistant sued his employer after he fell from the overloaded cart and was injured (Bohle & Quinlan, 2000, p. 319). 1840 A Royal Commission in the UK published the findings on the state of working conditions in the mining industry, documenting the appallingly dangerous conditions for workers and high rate of accidents (including fatal ones) in mines. This case led to the public outrage and the adoption of the Mines Act of 1842. The Mines Act led to the establishment of an Inspectorate for mines and collieries to improve safety environment and prosecutions. Under this act, inspectors had the right to enter and inspect premises at their discretion by 1850 (Lavalette, 1999, p. 101). 1880 One of the first voluntary standardizing bodies, American Society of Mechanical Engineers (ASME) was established . Actually, the creation of ASME was connected......

Words: 1765 - Pages: 8

Free Essay

Safety

...Patient Safety in Healthcare Joyce Kimeu Chamberlain College of Nursing NR101: Transition in Nursing June 04, 2015 Patient Safety in Healthcare Many errors can be avoided by having safety measures in place. Sign up to Safety campaign reveals that a million people use the services of the National Health Services (NHS) every 36 hours, with the majority being given care that is both safe and of high quality (NHS England, 2014). However, sometimes mistakes occur and patients are harmed as a result. Sign up to safe campaign shows that between 2011 and 2012, a total of 326 ’never events’ were reported to strategic health authorities (Glasper, 2014).This number can be reduced by addressing different safety measures, such as building a safety culture, leading and supporting staff, promote reporting, learning and sharing safety lessons and implementing solution to prevent harm (Glasper, 2014). Building Safety Culture An important component of a successful strategy to address these kinds of safety problems is the encouragement of personnel to be more forthcoming in reporting and disclosing errors, actual harm, and fear of being bullied. This instance will apply to all staff members, and everyone involved in caring for patient will know that their voices will be heard. For instance, where the leadership is concerned by being proactive, gaining input from the staffs about the improvements needed and addressing them with efficiency and urgency. Leading and Supporting......

Words: 576 - Pages: 3

Free Essay

Health & Safety Case Law

...Health and Safety Case Law Safe and adequate plant and equipment BAC Ltd v Austin (1978) IRLR 332 Austin’s job required the wearing of eye goggles. Austin wore glasses which prevented the wearing of the goggles safely as the glasses often misted up. She complained, nothing was done about it. Options open to Austin were, leave the job or not wearing the goggles or dropping her complaint. Austin left the job and brought a claim for constructive dismissal. Claim successful as her employers had breached the implied contractual requirement to provide safe equipment for the employee. Dugmore v Swansea NHS Trust 2003 Dugmore was a nurse who suffered from eczema and asthma for all her life. Between 1993 and 1995 she developed an allergy to latex as a result of using latex gloves in the course of her work. In 1997 she suffered an anaphylactic attack whilst lifting an empty latex glove box. Court ruled the employer had a duty of care under COSHH to ensure exposure to latex was prevented or adequately controlled. The court ruled that the duty was absolute. I.e. there is no way of getting out of it. Safe premises Latimer v AEC Ltd (1953) AC643 The place of work had a heavy rainstorm which left premises floor with a film of water and oil over the floor. Sawdust was put down before a change of shift. Latimer worked on the next shift, came in, started work and immediately slipped on the floor whilst carrying a heavy barrel which crushed Latimer’s ankle. The High Court found in......

Words: 594 - Pages: 3

Premium Essay

Safety

...Brandon Hines Safety, Health, and Environment Developing Today’s Safety Aspects In the last century, the modern aspects in safety for Process Technicians have helped make a better work environment, for those who make the products we use in our everyday lives. Many unfortunate, tragic, but educational events helped point the industry in the right direction. Through these events the industry has grown and developed newer safer equipment, improved its employee’s safety/well-being, and created a safer, more aware community. On December 3, 1984, a toxic gas cloud escaped from a chemical plant in Bhopal, India. The cloud slowly made its way into the community killing over two thousand people and seriously harming many others. The gas cloud was composed of methyl isocyanate (MIC). MIC is a major component used in the production of Sevin and Temik, pesticides used to control insect infestations and crop production in India. This was the first time that a major chemical manufacturer has had a deadly leak near a populated area. This helped show that the community needed to be more aware of what was around them. The industry began investigations to discover what really took place that day in order to prevent such an event from occurring again. The Union Carbide plant produced a wide range of pesticides that were very critical to the economy of India. For the production of these products, a number of steps were required. The first step was the reaction of carbon monoxide with......

Words: 1735 - Pages: 7

Free Essay

Can Endangered Species of the World Rely on the International Law for Their Safety? Discuss

...Can endangered species of the world rely on the international law for their safety? Discuss This essay will attempt to discuss how the international law protects endangered species of the world. Using academic commentary and legislation it will also review the ethical, philosophical, economical and moral aspects of this area of law. The essay will also draw attention to the current issue, which has been a controversy in the preservation of endangered species of the world, but will particularly pay more attention to the protection of whales. Ever since the days of illustrious philosophers such Plato, Aristotle, Descartes to the modern scientists there has been a lengthy wait in fighting for laws and acts to protect animals in keeping them in good health and their populations high in numbers. Long ago, most animals became extinct because of natural events, like earthquakes or volcano eruptions. Climatic changes were also a threat i.e. like the ‘beginning of the Ice Age which also led to the disappearance of certain species’ . Today, animals are in danger mostly because of human beings. In the 17th century Descartes and Plato both portraying animals as mere objects, held that ‘animals have no conscience and humans should have no moral obligation’ towards them. However, through the advancement of technology and science Charles Darwin came up with his theory of evolution, bringing new developments and protection to endangered species, with his effort in his work there...

Words: 2564 - Pages: 11

Premium Essay

An Academic Report Into Industrial Law and Business Occupational Health and Safety

...Academic Report into Industrial Law and Business Occupational Health and Safety Work Health and Safety Act 2011 QLD No. 18 Model Work Health and Safety Act TABLE OF CONTENTS 1.0 Introduction 3 2.0 History and Purpose of OH&S Legislation 4 3.0 Scope of WHS Act 5 4.0 Key Provisions in a Business Context 6 5.0 Primary Duty of Care 7 6.0 Application of OHS 9 7.0 Regulation Change, a Harmonious Approach? 11 8.0 References 13 8.0 Resources 13 1.0 Introduction According to recently published data uncovered within the ABS WRIS (Australian Bureau of Statistics, Work-Related Injuries Survey published 2011), in 2009 it was estimated that 640,700 Australian workers experienced a work-related incident. While a total of 337 people died in Australia from work-related traumatic injury (safeworkaustralia.gov.au). Economic losses from work-related disease, injuries and deaths impose a heavy burden on the Australian economy, with estimated costs totalling in excess of $60.6 billion per annum. Figure 1: Total work-related injury and illness cost for 2009 (www.safeworkaustralia.gov.au) It is within these alarming figures we derive the impetus to further examine current Workplace Heath and Safety regulations and the associated Industrial legislation on both State and Federal levels. This report will predominately focus on the newly established Queensland Work Health and Safety Act 2011 in conjunction with the...

Words: 2355 - Pages: 10