Case Law : Safety and Health

1. Case Law : Safety and Health Prepared by Errol Goodridge Safety and Health Officer Labour Department

2. Objectives Distinguish between case law and statute Understand relevance of case law Understand the. common law duties owed to employees.

3. Case law • Case law: Decided cases which develops legal precedents • Subject to the hierarchy of the courts, where they are central to the decision ,statements made by judges may establish legal principles • Strength • Built on practical experience • Weakness • Law is uncertain until it becomes an issue

4. Statutory law • Legislation • Safety and Health at Work Act ( Cap 356) • Accidents and Diseases (Notification) ( Cap 338) • Quarries Act ( Cap 353)

5. Relevance of case law Influence of case law • Helps to determine meaning of certain terms found in legislation

6. Criminal v Civil law A crime is an offense against the state • Imprisonment and fines (punishment, to deter and to reform but not compensate) • Civil action is between individuals (compensation or injunction)

7. Civil law • Contract • Tort • a breach of duty • Nuisance, trespass • Torts of negligence and breach of statutory duty ( most important in OSH) • Labour law

8. Judical precedent • The legal principle of a judgment • Ratio decidendi • Orbiter dicta • When a decision is binding and when persuasive • Depends on the status of the court • The facts must be similar and a court may distinguish the facts in a present case so that a previous one may not apply

9. Tort of negligence The defendant owed the plaintiff a duty of care The defendant broke that duty by negligent conduct The defendant ‘s negligent conduct caused damage to the plaintiff

10. Duty of care (Donohue v Stevenson) Lord Atkin’s : “ You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then is law is my neighbour? The answer seems to be – persons who are so closely and directly affected by my acts that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.”

11. Wilson & Clyde Coal Ltd V English Duty of care ( employer to employee) • The obligation is threefold, ‘the provision of a competent staff of men, adequate material, and a proper system and effective supervision’.

12. Common Law Employers Duties Safe system of work Safe place of work Adequate tools and equipment Instruction and supervision Safe fellow employees

13. Breach of Statutory Duty He belongs to the class of persons whom the stature is designed to protect That the defendant was the person on whom the duty was imposed That the defendant was in breach of the duty That the breach caused the damage

14. Group Work Determine what duties were owed Were these duties breached What defences if any did the defendant offer What was the judgement and reasons

15. Thank you for your attention! Labour Department Occupational safety and health section tel:310 1500 Email:Labour@labour.gov.bb