Obliging Platforms to Accept a Duty of Care

2021 ◽  
pp. 93-109
Author(s):  
Lorna Woods ◽  
Will Perrin
Keyword(s):  
Risk Assessment ◽  
Health And Safety ◽  
White Paper ◽  
Duty Of Care ◽  
Care Model ◽  
Codes Of Practice ◽  
Statutory Duty ◽  
The Uk

This chapter introduces the statutory duty of care model of regulation proposed by Carnegie UK Trust and which underpinned the approach of the UK Government’s Online Harms White Paper. Based on the approach found in the Health and Safety at Work Act 1974, the proposal is for systems-based regulation which has two aspects. The first that it is the platform that should be regulated not the content, including the design of the platform and the operation of the business. Secondly, the duty of care implies a risk assessment so that reasonably foreseeable harms are avoided where possible or mitigated. Perfection is not required and this regime does not impose liability on the platform for individual items of content. An independent regulator was envisaged, one that had a double role: enforcement and the development of good behaviours through codes of practice.

scholarly journals Childhood in the digital age: a socio-cultural and legal analysis of the UK’s proposed virtual legal duty of care

2019 ◽  
Vol 27 (4) ◽  
pp. 311-338 ◽  
Author(s):  
Conrad Nyamutata
Keyword(s):  
White Paper ◽  
Duty Of Care ◽  
Legal Analysis ◽  
Digital Space ◽  
Participation Rights ◽  
Legal Duty ◽  
The Subject ◽  
Legal Contexts ◽  
The Uk ◽  
Legal Interventions

Abstract In 2019, the UK government issued an ambitious White Paper as a precursor to the regulation of ‘online harms’. This article adopts a socio-cultural and legal approach to analysing the proposed law in the context of children. How childhood is conceptualized influences public policy and legal interventions, including on the digital space. This remains a contested terrain with different conclusion on the effects of the cyberspace. The biggest challenge with legal interventions on the digital realm is the need to achieve a balance between protection and participation rights of children. The dominant conception of childhood as a period of vulnerability has meant ‘protection’ often overrides participation rights. However, such focus is the subject of challenge, with some suggesting that regulation is the product of moral panic. A further strand is the potential of disproportionate punitive measures against Internet companies against the backdrop of human rights obligations. The UK proposition is discussed within this socio-cultural and legal contexts with the objective of highlighting challenges and legal pitfalls. This article argues that Internet governance ought to give serious consideration to the new sociology of childhood.

scholarly journals The Implementation of the POPMAR (Policy, Organising, Planning and Implementing, Measuring Performance, Audit and Reviewing) Model in Occupational Health and Safety Risk Management in an Indonesian Batik Company

2021 ◽  
Vol 10 (3) ◽  
pp. 420
Author(s):  
Fandita Tonyka Maharani ◽  
Zena Lynch
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Hazard Identification ◽  
Population Exposure ◽  
Safety Hazards ◽  
Model Risk ◽  
The Uk

Introduction: In 2009, UNESCO declared Batik Indonesia as an Intangible Cultural Heritage of Humanity. This study examines the occupational health and safety hazards and risks that arise in a Batik company based on a case example of a Batik company in Surakarta, Indonesia. In Indonesia, Batik is categorized as traditional attire. Two kinds of Batik are produced - Batik tulis (traditionally handcrafted) and Batik printing, which uses specific printing tools. The UK Health Safety Executive (HSE) risk assessment framework is referred to in this study, which consists of: hazard identification, population exposure, risk evaluation, precaution development, recording findings, and regular appraisal of systems. Methods: Both observation and interviews (of workers) at the Batik company were utilized for this study as well as an independent risk assessment. Results: The findings highlighted physical, ergonomic, chemical, mechanical, and biological hazards, originating from the materials, tools, and working methods utilized in the batik production. Conclusion: Many of the issues highlighted by this study can be addressed via in-depth risk assessment, using the POPMAR model to frame the activities. This approach can create a positive pathway, leading to a continuous cycle of improvement which puts the workers’ health at the forefront of the business activities.Keywords: Batik, workers, hazard identification, HSE Model, risk management

UK health and safety legislation

2013 ◽  
Author(s):  
Julia Smedley ◽  
Finlay Dick ◽  
Steven Sadhra
Keyword(s):  
Health And Safety ◽  
Safety Regulation ◽  
Codes Of Practice ◽  
The Uk ◽  
Safety Committees

Health and safety regulation in the UK 510Health and safety inspectors 512Regulations, approved codes of practice, and guidance 514Safety committees and safety representatives 516Health and Safety at Work etc. Act 1974 518Management of Health and Safety at Work Regulations 1999 ...

scholarly journals Advancing national climate change risk assessment to deliver national adaptation plans

2018 ◽  
Vol 376 (2121) ◽  
pp. 20170295 ◽  
Author(s):  
R. F. Warren ◽  
R. L. Wilby ◽  
K. Brown ◽  
P. Watkiss ◽  
Richard A. Betts ◽  
...  
Keyword(s):  
Climate Change ◽  
Risk Assessment ◽  
The Novel ◽  
Climate Change Risk ◽  
Novel Approach ◽  
Statutory Duty ◽  
Wide Range ◽  
Impact Indicators ◽  
The Uk ◽  
Adaptation Action

A wide range of climate vulnerability and risk assessments have been implemented using different approaches at different scales, some with a broad multi-sectoral scope and others focused on single risks or sectors. This paper describes the novel approach to vulnerability and risk assessment which was designed and put into practice in the United Kingdom's Second Climate Change Risk Assessment (CCRA2) so as to build upon its earlier assessment (CCRA1). First, we summarize and critique the CCRA1 approach, and second describe the steps taken in the CCRA2 approach in detail, providing examples of how each was applied in practice. Novel elements of the approach include assessment of both present day and future vulnerability, a focus on the urgency of adaptation action, and a structure focused around systems of receptors rather than conventional sectors. Both stakeholders and reviewers generally regarded the approach as successful in providing advice on current risks and future opportunities to the UK from climate change, and the fulfilment of statutory duty. The need for a well-supported and open suite of impact indicators going forward is highlighted. This article is part of the theme issue ‘Advances in risk assessment for climate change adaptation policy'.

Improving Structural Safety in the Alteration and Refurbishment of Old Buildings

2017 ◽  
Author(s):  
David Oloke
Keyword(s):  
Health And Safety ◽  
Performance Standards ◽  
Structural Safety ◽  
Initial Assessment ◽  
Construction Stage ◽  
Project Completion ◽  
Developed Economies ◽  
Codes Of Practice ◽  
Structural Engineer ◽  
The Uk

Building alteration and refurbishment continue to dominate the construction activities in the UK and many developed economies. This is because the need to upgrade older buildings to achieve better functional usage and energy (or even) structural performance standards are continuously required. However, due to the fact that in many cases, such older buildings usually have very little information available on the as-built (or historical modification) status; there is a need to plan the proposed works effectively to ensure that health and safety is not compromised in any way. Structural safety must be assessed before, during and after the works and the need to incorporate this into the work programme is highly essential. This research examines some recent projects in the UK where the author was consultant structural engineer and researcher. It explores the methods used to ensure that structural safety is achieved throughout the works. These principles were incorporated into the project cycles involving the: brief, initial assessment, initial design, initial strip out, construction stage 1, complementary designs, construction stage 2 and project completion and hand over. This strategy is innovative as it facilitated an integrated and systematic approach to the use of risk assessment for structural safety in the light of the dynamic nature of construction refurbishment sites. Key learning points are discussed with a view to contribute to knowledge and engender wider debate in the development of current Guides and Approved Codes of Practice. Issues for further research are also highlighted.

scholarly journals An inclusive risk assessment tool for travel and fieldwork

2020 ◽  
Author(s):  
Michael Prior-Jones ◽  
Jennifer Pinnion ◽  
Marc-Alban Millet ◽  
Elizabeth Bagshaw ◽  
Ake Fagereng ◽  
...  
Keyword(s):  
Risk Assessment ◽  
Teaching And Learning ◽  
Assessment Tool ◽  
Health And Safety ◽  
Learning Activities ◽  
Gender Reassignment ◽  
Diverse Community ◽  
Lgbt People ◽  
The Uk ◽  
Assessment Procedures

<p>Travel and fieldwork are integral to the geosciences, and it is usual for students, academics and professionals to need to assess the risks and hazards of a planned trip in advance. In the UK, health and safety law focusses on the idea of a “risk assessment” - a process by which hazards are identified and mitigations are planned to reduce the overall risk of the activity. A recent review of our risk assessment procedures highlighted the need to better consider the needs of a diverse community, including those with “protected characteristics” in UK law. These are defined in the Equality Act 2010 as: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.</p><p>We present our improved risk assessment forms and suggest some approaches to considering hazards and appropriate mitigations that particularly affect those people with protected characteristics. These include the need to consider how laws and attitudes, such as those towards women, or LGBT+ people, may affect the safety of participants. It is particularly important to address this in the geosciences, where fieldwork is frequently an integral part of teaching and learning activities.</p>

Policy interventions in health and safety: What works and when--Evidence from the UK

2013 ◽  
Author(s):  
David Hollis ◽  
Stavroula Leka ◽  
Aditya Jain ◽  
Nicholas J. A. Andreou ◽  
Gerard Zwetsloot
Keyword(s):  
Health And Safety ◽  
Policy Interventions ◽  
What Works ◽  
The Uk
Sign in / Sign up

Export Citation Format

Share Document