Pages in this chapter (3 of 4)
Civil law
In civil law, people harmed by the fault or negligence of another can seek compensation. In the UK the claim usually has to start within three years of the accident or of the date when the injured person learned that the employer was at fault. The amount depends on the injury and its effect on the person's ability to earn a living.
Much of civil law is made by judges over time. A decision in one case applies to later similar cases, which is called precedent. This law is entirely reactive, because someone must be harmed first.
The injured person, the claimant, must show that the defendant was negligent, to the balance of probabilities, meaning that the judge thinks it more likely than not. To succeed, the claimant must show three things:
- the defendant owed a duty of care
- the duty was breached
- the breach caused the injury
In our accident, the company owed the worker a duty not to cause foreseeable injury. By failing to manage foreseeable risks it breached that duty and caused the harm.
- If the worker contributed to their own injury, the claim may be reduced or refused. This is contributory negligence.
- An employer can be liable for the negligent acts of employees that injure others during their work. This is vicarious liability.
- Employers' liability insurance is compulsory for most organisations in the UK, with exceptions such as some public bodies and certain family businesses. It pays compensation and legal fees to employees hurt or made ill by the employer's fault. The minimum cover is £5 million.
| Criminal law | Civil law | |
|---|---|---|
| Who is the case about? | The accused and the State | The claimant and the defendant |
| Main source | Statutes made by Parliament | Judges' decisions, called precedent |
| Who starts the case? | The State, through the regulator or prosecutor | The injured person |
| Likely outcome | Fine, prison or remedial order | Compensation |
| Burden of proof | On the prosecution, with some exceptions | On the claimant |
| Standard of proof | Beyond reasonable doubt | Balance of probabilities |
| Usual time limit | Limits apply to the less serious offences | About three years in the UK |
| Main laws | Health and Safety at Work etc. Act 1974 and regulations | Negligence and breach of statutory duty |
Help from guidance and the inspector
Help with reading and applying the law comes from approved codes of practice, guidance documents and industry guidance.
An inspector does not have to wait for an accident. If an inspector believes that you are breaking the law, the inspector can act by issuing a notice:
- An improvement notice gives you a time limit to put the problem right.
- A prohibition notice means that you must stop an activity that carries a risk of serious personal injury.
4.3 Good Practice: Three Principles
The best way to manage foreseeable risks is to build safety into everything you do: plan, do what you plan, check that it worked and act on what you find, then plan again. This is central to good management, not only safety.
Good practice has three principles:
| Principle | What it means |
|---|---|
| Strong, active leadership from the top | Visible commitment from the board, good downward communication and management structures, and safety built into business decisions. |
| Worker involvement | Engaging the workforce, good upward communication and high quality training. |
| Assessment and review | Identifying and managing risks, getting and following competent advice, and monitoring, reporting and reviewing performance. |
A study aid, not published or endorsed by IOSH or OSHA. Laws and limits differ between countries.