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Corporate

Employer’s Financial Liability: Rights and Obligations in Relation to Occupational Health and Safety

Compliance, Quality and Health and Safety 30 hours

Introduction

The financial liability the employer’s responsibilities regarding occupational health and safety is one of the most hotly debated issues in the occupational health and safety. To determine whether the employer is liable for an accident at work, one must to be demonstrated which has failed to comply with the security obligations and the healthcare to which they are entitled. Through this training initiative in Employer’s Financial Liability: Rights and Obligations in Relation to Occupational Health and Safety Students will be able to acquire knowledge regarding the employer’s financial liability, taking into account the legal framework established and the Occupational risks existing.

Objectives

  • To acquire knowledge regarding the financial liability by the employer, in accordance with the established legal framework and the existing occupational risks.

  • To know the concepts of the employer’s civil, contractual and non-contractual liability in the field of Health and Safety at Work.

  • Identify those responsible for the civil liability due to occupational hazards.

  • To study the corporate social responsibility in the secondment of workers.

Table of Contents

TEACHING UNIT 1. INTRODUCTION TO THE LIABILITY OF BUSINESS OWNERS FOR THEIR ASSETS.

  1. General concepts.
  2. Civil liability as financial liability in the context of occupational risks.
  3. Occupational risk: differences in the definition of this concept for the purposes of social security and occupational risk prevention.
  4. The employer’s responsibility for the protection of workers.
  5. The contractual or non-contractual nature of the employer’s liability.
  6. Supplementary documentation for the unit.

TEACHING UNIT 2. PARTIES LIABLE AND BENEFICIARIES UNDER CIVIL LIABILITY FOR OCCUPATIONAL RISKS.

  1. Those responsible for health and safety at work.
  2. Beneficiaries of the unit’s financial liability.

TEACHING UNIT 3. THE EMPLOYER’S CONTRACTUAL LIABILITY.

  1. The contractual relationship between the employer and the employee.
  2. The employer’s failure to fulfil their duty of care. Unlawful conduct.
  3. Compensable damages arising from a breach by the employer.
  4. The objectification of fault in the attribution of breach of contract.
  5. Causal link between the damage suffered and the company’s breach of contract. Concurrence of fault; unity.

TEACHING UNIT 4. THE LEGAL FRAMEWORK FOR AN EMPLOYER’S CONTRACTUAL LIABILITY: ESSENTIAL ELEMENTS.

  1. Quantification of damages and compensation.
  2. When the limitation period for bringing a claim for damages expires.
  3. Employer’s liability insurance.
  4. Financial liability and competent jurisdiction.

TEACHING UNIT 5. CONCURRENCE OF BUSINESS OWNERS AND LIABILITY.

  1. Assumptions.
  2. How are business activities co-ordinated?
  3. What are a company’s responsibilities when seconding staff?

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