Civil Engineering Reference
In-Depth Information
INADEQUATE FIRE SAFETY
MANAGEMENT
FIRE
STAFF DE-MOTIVATED
LEAVE
BUSINESS
INTERRUPTION
REDUNDANCIES
BUSINESS
FAILURE
INADEQUATE SKILLS
ASSETS TO
MAINTAIN BUSINESS
FAILURE TO MEET
CONTRACTUAL OBLIGATIONS,
ORDERS,
SERVICE DELIVERY, ETC.
REDUCED CASH FLOW
INCREASED COSTS
LOSS OF MARKET
SHARE
Figure 1.5
Business case for managing fi re safety
Table 1.1
Two main branches of law
Aspect
Criminal law
Civil law
Primary source
Statutes, Orders, regulations issued
Legal precedent - the accumulation of decisions
by Parliament
made in various cases
Purpose
To regulate society by punishing the offender
To compensate those who have suffered loss or harm
and discouraging others
as a result of others' action or omissions
Judged by
Criminal court system
Civil court system
Burden of proof
In general the defendant is presumed innocent
If there is suffi cient evidence to infer a breach has
until proved guilty.
However, for prosecutions
occurred the burden of proof moves to the defendant
under section 40 of the HSWA it is the defendant
who must prove he has in fact acted 'reasonably'
who must prove he has in fact acted 'reasonably'
Standard of proof
Must be proved beyond reasonable doubt.
Need only be proved on the balance of probability
However, for prosecutions under section 40 of
the HSWA the defendant need only prove his
case on the balance of probabilities
Outcomes
Fines, imprisonment and/or offi cial orders
Orders to pay compensation
Insurance
Cannot be insured against
Can be insured against and in the case of employer
liability,
must be insured against
(see below)
