Workplace Health and Safety, Safety Laws of European
Criminal law is concerned with conduct which the State considers should be punished, whereas civil law is concerned with private rights. A crime may be regarded as a public wrong; but conduct which is harmful to the public is not necessarily criminal. “Crimes, then, are wrongs which the judges have held, or Parliament has from time to time laid down, are sufficiently injurious to the public to warrant the application of criminal procedure to deal with them.' (Smith and Hogan.) Nor is immoral conduct necessarily criminal; but conduct which would not be regarded as immoral may be criminal on grounds of social expediency. “The domain of criminal jurisprudence can only be ascertained by examining what acts at any period are declared by the State to be crimes . . .' (Lord Atkin.)
This means that crime can only usefully he defined by reference to procedure: 'A crime (or offence) is a legal wrong that can he followed by criminal proceedings which may result in punishment.' (Glanville Williams).
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Workplace Health and Safety
Introduction
Formative Summative Part
In any working environment, safety of everyone working there should be given top priority. Every jurisdiction around the world has put in place regulations that require every business organization to put in place safety measures for their employees and any stakeholder that is involved in day-to-day operation of the business. This essay will be discussing Workplace Health and Safety that is also commonly referred to as Occupational Health and Safety. According to Baggs, Silverstein and Foley 2003, Workplace Health and Safety entails an assessment and transfer of risks that may affect the safety, health, or better still well being people found in the work place. This may include the health and safety of the employees, visitors, customers, suppliers, contractors, builders, machine operators, and/ or board members. As the owner or major shareholder of the business organization, there are some legal requirements that differ from country to country that must be complied with to make sure that the workplace meets the obligations of Workplace Health and Safety. There are many instances when people have confused the Workplace Health and Safety and the Occupational Health and Safety to mean the same thing (Geldart et al 2010).
However, they could differ with one another in one way or the other depending on the jurisdiction where the business organization is operating from. When it comes to Workplace Safety and Health, different countries have developed their own safety standards that ought to be observed by the business owners when taking care of their business. For instance, all countries that are found within the European Union block, have adopted the European Standards to make sure that there is total machine safety at different workplaces in the European countries. On the other hand, Japan has also committed itself in obeying the internal standards that have been set to ensure that there is better trade. Other than adopting international workplace safety standards, Japan has also set its own standards that are known as Japan Industrial Standards. There are international standards and regulations that have been put in place to ensure that trade barriers are removed that would guarantee free trade globally. The United States has got its own workplace safety standards. The United States standards are known as Occupational Safety and Health Administration (OSHA). The OSHA Act was passed by the US congress in the year 1970 to offer safe and health working conditions. There are different workplace health and safety laws that are there in different jurisdictions to guide the safety standards in different workplaces across the world (Sheeran and Silverman, 2003).
This essay examines workplace health and safety laws and standards that are in there in the European Countries and the benefits of these workplace safety standards.
Workplace Health and Safety for Business Organization
Sheeran and Silverman 2003 posits that any business owner or a major shareholder has got legal responsibilities to ensure that health and safety practices in his or her workplace are implemented as soon as the business begins to operate. The ...
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