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BTEC Health & Safety - Law

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by

Steve Couldwell

on 10 September 2015

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Transcript of BTEC Health & Safety - Law

Statute laws are set up by the government after consultation.
Then passed onto the House of Lords to discuss.
On agreement the Queen signs the declaration and passes it as law.
Examples: Safety at Sports Ground Act, Health and Safety at Work Act etc.
Common laws include all legal acts that do not come around after Government consultation.
A judge would sit in on a trial and make a decision after hearing the evidence.
All new cases take into account of what has happened in previous cases.
Examples: Fraud cases Pakistan cricketers, 2011
http://www.bbc.co.uk/news/uk-15160226

and bankruptcy charges
http://www.bbc.co.uk/news/uk-england-hampshire-16911355
Involves an individual taking action against another individual or group.
The person taking the action is the plaintiff, the person defending is the defendant.
Example: If trampolines were left set up in a sports hall, and the doors were unlocked, should anyone go in and use them and injure themselves they could bring around a civil law case.
The Law and Sport
P2 - Describe the legal factors and regulatory bodies that influence health and safety in sport.
Common Law
Civil Law
Legal factors that influence health and safety in sport.
Statute Laws
Duty of Care/Higher Duty of Care
All employees and employers have a duty of care towards others if there is a potential of risk or danger.
Part of common law.
Applies to coaches and teachers.
Must take reasonable care of pupils and ensure they are safe at all times.
Example: Sports hall floor being left wet as a session is about to start

http://assessingriskinsportnino.blogspot.co.uk/p/legal-factors.html

Negligence
If it can be shown that a member of staff neglected to deal with a risk, which can directly cause injury to a participant or child, this can be classed as negligence.
Example: A referee leaving glass on a pitch before the start of a football match

http://assessingriskinsportnino.blogspot.co.uk/p/legal-factors.html

Loco Parentis
Latin phrase meaning "in place of a parent".
Means that teachers and coaches should act as a parent while children are in their care.
When looking after children they must try and avoid risky situations.
This is run through common law requirements.

Example: http://assessingriskinsportnino.blogspot.co.uk/p/legal-factors.html

How are they all linked?
All three can be directly related to sporting situations with a lot of cross over between the three.
Example – A coach of a trampoline club maybe found to not be acting as loco parentis after leaving his group on the trampolines while taking a telephone call. If a child were to be injured during this time the coach would not have been taking duty of care and may be charged with negligence depending on the severity.
The Three Laws in Practice
http://bleacherreport.com/articles/1688028-anniversary-of-mike-tyson-biting-evander-holyfields-ear
http://www.bbc.co.uk/news/uk-15160226
Full transcript