A case study on the issue of an employer liability with respect to employee safety and health

Faced with an increasingly competitive business environment, many employers are turning to employment testing as a way to improve their workforces. In a recent survey, forty percent of Fortune companies indicated that their employment selection systems included some form of psychological testing. A similar survey by the American Management Association showed that forty-four percent of its responding members used testing to select employees. While cognitive ability tests continue to be the most commonly used form of psychological testing in the workplace, personality tests are being used more and more frequently.

A case study on the issue of an employer liability with respect to employee safety and health

Definitions[ edit ] Firefighters at work The Oxford English Dictionary cites the earliest use of the word in English in the spelling of risque from its from French original, 'risque' as ofand the spelling as risk from It defines risk as: Exposure to the possibility of loss, injury, or other adverse or unwelcome circumstance; a chance or situation involving such a possibility.

This definition, using project terminology, is easily made universal by removing references to projects. This concept is more properly known as the 'Expectation Value' or 'Risk Factor' and is used to compare levels of risk The probability or threat of quantifiable damage, injury, liability, loss, or any other negative occurrence that is caused by external or internal vulnerabilities, and that may be avoided through preemptive action.

The possibility that an actual return on an investment will be lower than the expected return. A situation where the probability of a variable such as burning down of a building is known but when a mode of occurrence or the actual value of the occurrence whether the fire will occur at a particular property is not.

A case study on the issue of an employer liability with respect to employee safety and health

The probability of a loss or drop in value. Trading risk is divided into two general categories: Also called market risk. Also called non-market risk, extra-market risk or diversifiable risk.

Product of the consequence and probability of a hazardous event or phenomenon. For example, the risk of developing cancer is estimated as the incremental probability of developing cancer over a lifetime as a result of exposure to potential carcinogens cancer-causing substances. In this definition, uncertainties include events which may or may not happen and uncertainties caused by ambiguity or a lack of information.

It also includes both negative and positive impacts on objectives. Many definitions of risk exist in common usage, however this definition was developed by an international committee representing over 30 countries and is based on the input of several thousand subject matter experts.

Other[ edit ] Very different approaches to risk management are taken in different fields, e. Risk can be seen as relating to the probability of uncertain future events. In computer science this definition is used by The Open Group.

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References to negative risk below should be read as also applying to positive impacts or opportunity e. The related terms " threat " and " hazard " are often used to mean something that could cause harm.

Practice areas[ edit ] Risk is ubiquitous in all areas of life and risk management is something that we all must do, whether we are managing a major organisation or simply crossing the road.

When describing risk however, it is convenient to consider that risk practitioners operate in some specific practice areas. Economic risk[ edit ] Economic risks can be manifested in lower incomes or higher expenditures than expected. The causes can be many, for instance, the hike in the price for raw materials, the lapsing of deadlines for construction of a new operating facility, disruptions in a production process, emergence of a serious competitor on the market, the loss of key personnel, the change of a political regime, or natural disasters.

Health[ edit ] Risks in personal health may be reduced by primary prevention actions that decrease early causes of illness or by secondary prevention actions after a person has clearly measured clinical signs or symptoms recognised as risk factors.

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Tertiary prevention reduces the negative impact of an already established disease by restoring function and reducing disease-related complications. Ethical medical practice requires careful discussion of risk factors with individual patients to obtain informed consent for secondary and tertiary prevention efforts, whereas public health efforts in primary prevention require education of the entire population at risk.

In each case, careful communication about risk factors, likely outcomes and certainty must distinguish between causal events that must be decreased and associated events that may be merely consequences rather than causes.

In epidemiology, the lifetime risk of an effect is the cumulative incidencealso called incidence proportion over an entire lifetime. Health, safety, and environment HSE are separate practice areas; however, they are often linked.

The reason for this is typically to do with organizational management structures; however, there are strong links among these disciplines. One of the strongest links between these is that a single risk event may have impacts in all three areas, albeit over differing timescales.OSHA: EMPLOYER LIABILITY FOR EMPLOYEE VIOLATIONS Hailed as a "safety bill of rights"' for America's workers, the Occupa-tional Safety and Health Act of (OSHA)2 was enacted to protect working men and women from job-related safety and health hazards.3 The Act penalizes employers when hazardous conditions are found in the .

In February three insurances companies, Zurich Insurance Plc, FBD Insurance Plc and Travelers Insurance Company Limited appeared in the Dublin District Court on charges relating to the processing of personal data by them in contravention of Section 19 of the Data Protection Acts. A whistleblower (also written as whistle-blower or whistle blower) is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public.

The information of alleged wrongdoing can be classified in many ways: violation of company policy/rules, law, regulation, or threat to public interest/national.

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I. Introduction Workers often sustain an injury or contract a disease arising out of their employment for which the employer and worker’s compensation insurer deny worker’s compensation benefits, on the grounds that the worker cannot identify a specific traumatic event .

potential employer liability for ohs breaches in terms of the occupational health & SAFETY ACT NO. 85 OF , MINE HEALTH & SAFETY ACT NO. 29 OF , THE COMMON AND CIVIL LAW, INCLUDING THE ELECTRICITY ACT NO. 41 OF The Workplace (Health, Safety and Welfare) Regulations (WHSWR), which apply to all new or modified workplaces, and will apply to all workplaces from , place general duties on the employer or occupier in that respect.

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