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Safety at Work Seventh Edition John Ridley Bsc Ceng
Mimeche Fiosh Dms (Editor) Digital Instant Download
Author(s): John Ridley BSc CEng MIMechE FIOSH DMS (Editor), John
Channing MSc(Safety) MSc(Chemistry) FIOSH RSP (Editor)
ISBN(s): 9780750680356, 0750680350
Edition: 7th
File Details: PDF, 12.74 MB
Year: 2007
Language: english
Safety at Work
This page intentionally left blank
Safety at Work
Seventh edition

Edited by
John Ridley and John Channing

AMSTERDAM • BOSTON • HEIDELBERG • LONDON • NEW YORK • OXFORD

PARIS • SAN DIEGO • SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO
Butter-Heinemann is an imprint of Elsevier
Butterworth-Heinemann is an imprint of Elsevier
Linacre House, Jordan Hill, Oxford OX2 8DP, UK
30 Corporate Drive, Suite 400, Burlington, MA 01803, USA
First edition 1983
Second edition 1985
Reprinted 1987
Third edition 1990
Reprinted 1991, 1992, 1993
Fourth edition 1994
Reprinted 1996, 1998
Fifth edition 1999
Reprinted 2000
Sixth edition 2003
Reprinted 2004, 2006
Seventh edition 2008
Copyright © 2008, Elsevier Ltd. All rights reserved
No part of this publication may be reproduced, stored in a retrieval system or
transmitted in any form or by any means electronic, mechanical, photocopying,
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No responsibility is assumed by the publisher for any injury and/or damage
to persons or property as a matter of products liability, negligence or otherwise,
or from any use or operation of any methods, products, instructions or ideas
contained in the material herein. Because of rapid advances in the medical
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should be made
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
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ISBN: 978 0 7506 8035 6

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visit our website at books.elsevier.com

Printed and bound in Hungary

08 09 10 10 9 8 7 6 5 4 3
Contents

Foreword xvii

Preface to seventh edition xix

Preface to first edition xxi

List of contributors xxiii

Part 1 Law 1
1.1 Explaining the law Brenda Watts 3
1.1.1 Introduction 3
1.1.2 The incident 3
1.1.3 Some possible actions arising from the incident 3
1.1.4 Legal issues of the incident 4
1.1.5 Criminal and civil law 4
1.1.6 Branches of law 5
1.1.7 Law and fact 7
1.1.8 The courts 7
1.1.9 Judicial precedent 17
1.1.10 Court procedure 18
1.1.11 Identity of court personnel 23
1.1.12 Employment Tribunals 25
1.1.13 European community courts (ECJ) 26
1.1.14 Human Rights Courts 28
1.1.15 Sources of English Law 29
1.1.16 Legislation 30
1.1.17 Safety legislation before the Health and Safety at
Work etc. Act 36
1.1.18 Safety legislation today 37
1.1.19 Principles developed by the courts 40
v
vi Contents

1.2 Principal health and safety Acts S. Simpson 48

1.2.1 The Health and Safety at Work etc. Act 1974 48
1.2.2 The Factories Act 1961 58
1.2.3 Fire precautions 58
1.2.4 The Mines and Quarries Acts 1954–71 58
1.2.5 The Environmental Protection Act 1990 58
1.2.6 The road traffic Acts 1972–91 59
1.2.7 The Public Health Act 1936 59
1.2.8 Petroleum (Consolidation) Act 1928 60
1.2.9 Activity Centres (Young Persons Safety) Act 1995 60
1.2.10 Crown premises 60
1.2.11 Subordinate legislation 61

1.3 Influences on health and safety J. R. Ridley 64

1.3.1 Introduction 64
1.3.2 The Robens Report 64
1.3.3 Delegation of law-making powers 65
1.3.4 Legislative framework for health and safety 66
1.3.5 Self-regulation 67
1.3.6 Goal-setting legislation 68
1.3.7 European Union 69
1.3.8 European standards 72
1.3.9 Our social partners 74
1.3.10 Social expectations 74
1.3.11 Public expectations 75
1.3.12 Political influences 75
1.3.13 Roles in health and safety 76
1.3.14 Safety culture 77
1.3.15 Quality culture 77
1.3.16 No fault liability 78
1.3.17 Risk assessments 78
1.3.18 Risk aversion 79
1.3.19 Conclusion 80

1.4 Law of contract R. W. Hodgin 82

1.4.1 Contracts 82
1.4.2 Contracts of employment 85
1.4.3 Employment legislation 86
1.4.4 Law of sale 88
1.4.5 Specialised legislation affecting occupational
safety advisers 90

1.5 Employment law R. D. Miskin, updated by Sabahhit Ali 94

1.5.1 Introduction 94
1.5.2 Employment law 94
1.5.3 Discrimination 96
1.5.4 Disciplinary procedures 104
1.5.5 Dismissal 107
1.5.6 Summary 116
 Contents vii

1.6 Consumer protection R. G. Lawson 118

1.6.1 Fair conditions of contract 118
1.6.2 A fair quality of goods and services 126
1.6.3 Product safety 128
1.6.4 Product liability 134
1.6.5 Misleading advertising 136
1.6.6 Exclusion clauses 138
1.6.7 Distance selling 141
1.6.8 Stop now orders 141
1.6.9 Consumer redress 142

1.7 Insurance cover and compensation A. West 145

1.7.1 Workmen’s compensation and the State
insurance scheme 145
1.7.2 Employer’s liability insurance 148
1.7.3 Public Liability insurance 154
1.7.4 Investigation, negotiation and the quantum of
damage 155
1.7.5 General 159

1.8 Civil liability E. J. Skellett, updated by David Greenhalgh 160

1.8.1 Introduction 160
1.8.2 The common law and its development 160
1.8.3 The law of tort 161
1.8.4 Occupier’s Liability Acts 1957 and 1984 165
1.8.5 Supply of goods 166
1.8.6 Employer’s liability 167
1.8.7 Employer’s Liability (Defective Equipment) Act 1969 170
1.8.8 Health and Safety at Work etc. Act 1974 170
1.8.9 Defences to a civil liability claim 170
1.8.10 Volenti non fit injuria 171
1.8.11 Limitation 172
1.8.12 Assessment of damages 172
1.8.13 Fatal accidents 174
1.8.14 ‘No fault’ liability system 175

Part 2 The management of risk 177

2.1 An introduction to risk management J. E. Channing 179
2.1.1 Introduction 179
2.1.2 The components of risk 181
2.1.3 Strategies to control risk 184
2.1.4 Risk management in the 21st century 188

2.2 Principles of the management of risk L. Bamber 191

2.2.1 Principles of action necessary to prevent accidents 191
2.2.2 Definitions of hazard, risk and danger 192
2.2.3 Risk management 194
2.2.4 Loss control 197
2.2.5 Degrees of hazard 202
viii Contents

2.2.6 Accident causation models 202

2.2.7 Accident prevention: legal, humanitarian and
economic reasons for action 204

2.3 Risk management: organisation and administration

for safety J. E. Channing 209
2.3.1 Introduction 209
2.3.2 Organisation structure models 210
2.3.3 Roles and responsibilities 213
2.3.4 Work groups 216
2.3.5 Organisational theory 218
2.3.6 Organisational techniques 220
2.3.7 Culture 224
2.3.8 Potential problems 225
2.3.9 The role of specialists in the organisation 228
2.3.10 Conclusion 229

2.4 Risk management: techniques and practices L. Bamber 230

2.4.1 Risk identification, assessment and control 230
2.4.2 Job safety analysis 236
2.4.3 System safety 241
2.4.4 Systems theory and design 243
2.4.5 System safety engineering 246
2.4.6 Fault tree analysis 247
2.4.7 Probabilistic risk assessments 248
2.4.8 Health and safety in design and planning 249
2.4.9 Quality, Environment, Safety and Health
Management Systems (QUENSH) 251
2.4.10 Use of data on accidents 253
2.4.11 Maintenance systems and planned maintenance 254
2.4.12 Damage control 255
2.4.13 Cost-effectiveness of risk management 257
2.4.14 Performance evaluation and appraisal 260
2.4.15 Loss control profiling 263

2.5 The collection and use of accident and incident data

Dr A. J. Boyle 267
2.5.1 Introduction 267
2.5.2 Types of accident and incident data 267
2.5.3 Collection of accident and incident data 271
2.5.4 Legal requirements to notify accidents and
incidents 275
2.5.5 The use of accident and incident data 275
2.5.6 Epidemiological analysis 283
2.5.7 Accident investigation 285
2.5.8 Accident and incident data and risk assessment data 296
2.5.9 The use of computers 297
Appendix. UK requirements for reporting accidents and
incidents 302
 Contents ix

2.6 Practical safety management: systems and techniques

J. E. Channing 307
2.6.1 Introduction 307
2.6.2 Legal obligations 308
2.6.3 Generic safety management 309
2.6.4 Implementing a regulation within a safety
management system 313
2.6.5 Safety management and housekeeping 319
2.6.6 Assessment techniques 321
2.6.7 Proprietary audit systems 326
2.6.8 Safety systems and incidents 327
2.6.9 Learning organisations 328
2.6.10 Safety management systems in small organisations 330
2.6.11 Limitations of safety systems 331
2.6.12 Conclusion 331

2.7 The individual and safety Andrew Hale 333

2.7.1 Introduction: What does this chapter try to do? 333
2.7.2 Individuals as controllers of danger 335
2.7.3 Behavioural science and the human information
processor 340
2.7.4 Individual behaviour in the face of danger 355
2.7.5 Change 377
2.7.6 Conclusion 389

2.8 Risk management and behaviour modification

J. E. Channing 393
2.8.1 Introduction 393
2.8.2 Behaviour modification for employees 395
2.8.3 Behaviour modification for managers and
supervisors 406
2.8.4 Applying behaviour concepts to incident
investigation 411
2.8.5 Behaviour concepts and the safety management
system 412
2.8.6 Risk, behaviour, leadership and commitment 415
2.8.7 Behaviour modification processes: the hazards 416
2.8.8 Behaviour and safety culture 417
2.8.9 Conclusion 418

Part 3 Occupational health and hygiene 423

3.1 The structure and functions of the human body
Dr T. Coates 425
3.1.1 Introduction 425
3.1.2 History 425
3.1.3 The functions of an occupational health department 427
3.1.4 Overseas developments 428
3.1.5 Risks to health at work 429
3.1.6 Occupational hygiene 429
x Contents

3.1.7 First aid at work 431

3.1.8 Basic human anatomy and physiology 432
3.1.9 Cancer and other problems of cell growth 447
3.1.10 The body’s defence mechanisms 448
3.1.11 Factors determining the effect of substances in
the body 449
3.1.12 The assessment of risk to health 449

3.2 Occupational diseases Dr A. R. L. Clark 451

3.2.1 Introduction 451
3.2.2 Toxicology 451
3.2.3 Diseases of the skin 455
3.2.4 Diseases of the respiratory system 458
3.2.5 Diseases from metals 463
3.2.6 Pesticides 468
3.2.7 Solvents 468
3.2.8 Gassing 473
3.2.9 Oxygen deficiency 475
3.2.10 Occupational cancer 476
3.2.11 Physical agents 478
3.2.12 Ionising radiations 479
3.2.13 Noise-induced hearing loss 482
3.2.14 Working in heat 485
3.2.15 Work related upper limb disorders (WRULD) 485
3.2.16 Diseases due to micro-organisms 486
3.2.17 Psycho-social disorders 489
3.2.18 Target organs 490
3.3 Occupational hygiene Dr C. Hartley 494
3.3.1 Recognition 494
3.3.2 Evaluation 494
3.3.3 Control measures 514
3.3.4 Summary 522
3.4 Radiation Dr A. D. Wrixon and updated by
Peter Shaw and Dr M. Maslanyj 524
3.4.1 Introduction 524
3.4.2 Structure of matter 524
3.4.3 Radioactivity 525
3.4.4 Ionising radiation 525
3.4.5 Biological effects of ionising radiation 526
3.4.6 Quantities and units 527
3.4.7 Basic principles of radiological protection 528
3.4.8 Legal requirements 532
3.4.9 Health Protection Agency 536
3.4.10 Incidents and emergencies 536
3.4.11 Non-ionising radiation 537
3.5 Noise and vibration R. W. Smith and updated by Terry Bramer 542
3.5.1 What is sound? 542
3.5.2 Other terms commonly found in acoustics 545
 Contents xi

3.5.3 Transmission of sound 548

3.5.4 The sound level meter 549
3.5.5 The ear 550
3.5.6 The equivalent noise level 552
3.5.7 Community noise levels 553
3.5.8 Work area noise levels 554
3.5.9 Noise control techniques 555
3.5.10 Vibration 564
3.5.11 Summary 565

3.6 Workplace pollution, heat and ventilation F. S. Gill 567

3.6.1 Methods of assessment of workplace air
pollution 568
3.6.2 Measurement of the thermal environment 571
3.6.3 Standards for workplace environments 572
3.6.4 Ventilation control of a workplace environment 574
3.6.5 Assessment of performance of ventilation systems 576

3.7 Lighting E. G. Hooper and updated by Jonathan David 581

3.7.1 Introduction 581
3.7.2 The eye 581
3.7.3 Eye conditions 582
3.7.4 Definitions 583
3.7.5 Types of lighting 585
3.7.6 Illuminances 586
3.7.7 Factors affecting the quality of lighting 588
3.7.8 Emergency lighting 591
3.7.9 Recycling and dangerous substances 592
3.7.10 Use of light measuring instruments 592

3.8 Applied ergonomics J. R. Ridley 594

3.8.1 Introduction 594
3.8.2 Physiology 596
3.8.3 Working environment 609
3.8.4 Manual handling 615
3.8.5 Repetitive actions 616
3.8.6 Plant design 617
3.8.7 Controls and indicators 617
3.8.8 Noise and vibrations 620
3.8.9 Stress 621
3.8.10 Display screen equipment (DSE) 622
3.8.11 Signs and signals 623
3.8.12 The written word 624
3.8.13 Coda 624

Part 4 Workplace safety 627

4.1 Science in engineering safety J. R. Ridley 629
4.1.1 Introduction 629
4.1.2 Structure of matter 629
xii Contents

4.1.3 Properties of chemicals 631

4.1.4 Physical properties 635
4.1.5 Energy and work 641
4.1.6 Mechanics 642
4.1.7 Strength of materials 643
4.1.8 Modes of failure 645
4.1.9 Testing 645
4.1.10 Hydraulics 646
4.1.11 Summary 647

4.2 Fire precautions Ray Chalklen 649

4.2.1 Introduction 649
4.2.2 Basic fire technology 649
4.2.3 Fire hazards and their control 652
4.2.4 Fire alarms and detectors 656
4.2.5 Classification of fires 663
4.2.6 Portable fire-fighting equipment 665
4.2.7 Fixed fire-fighting equipment 672
4.2.8 Fire safety signs 680
4.2.9 Means of escape in case of fire 680
4.2.10 Fire engineering 684
4.2.11 Fire protection measures 685
4.2.12 Legal requirements 689
4.2.13 Fire risk assessment 694
4.2.14 Access and facilities for the fire brigade 697
4.2.15 Fire terminology 698

4.3 Safe use of machinery J. R. Ridley 704

4.3.1 Introduction 704
4.3.2 Strategy for selecting safeguards 711
4.3.3 Safeguarding techniques 714
4.3.4 Powered trucks 725
4.3.5 Lifting equipment 728
4.3.6 Pressure systems 736
4.3.7 Coda 740

4.4 Electricity E. G. Hooper and revised by Chris Buck 743

4.4.1 Alternating and direct currents 743
4.4.2 Electricity supply 744
4.4.3 Statutory requirements 746
4.4.4 Voltage levels 747
4.4.5 Electrical accidents 748
4.4.6 The basic electrical circuit 748
4.4.7 Dangers from electricity 749
4.4.8 Protective means 752
4.4.9 Competence 755
4.4.10 Permits-to-work 756
4.4.11 Static electricity 758
4.4.12 Use of electricity in adverse or hazardous
environments 759
 Contents xiii

4.4.13 Electrical equipment in flammable atmospheres 760

4.4.14 Portable tools 762
4.4.15 Residual current devices 763
4.4.16 Maintenance 764
4.4.17 Conclusion 764

4.5 Statutory examination of plant and equipment

J. McMullen and updated by Cameron Sinclair 767
4.5.1 Introduction 767
4.5.2 Legislation 768
4.5.3 Pressure systems 768
4.5.4 Lifting equipment 774
4.5.5 Power presses and press brakes 779
4.5.6 Local exhaust ventilation 781
4.5.7 Electrical equipment and installations 783
4.5.8 Other considerations 785
4.5.9 Conclusion 787

4.6 Safety on construction sites R. Hudson 792

4.6.1 Construction accidents 792
4.6.2 Safe working in the industry 793
4.6.3 Construction site hazards 797
4.6.4 Access 808
4.6.5 Lifting and Equipment Operations 810
4.6.6 Welfare facilities 815
4.6.7 Other relevant legislation 816

4.7 Managing chemicals safely John Adamson 821

4.7.1 Introduction 821
4.7.2 Chemical data 821
4.7.3 Source of information 822
4.7.4 Risk assessments 823
4.7.5 Minimising the risk 827
4.7.6 Legislative requirements 831
4.7.7 Storage of substances 837
4.7.8 Transport 841
4.7.9 Plant and process design 843
4.7.10 Further safety studies 851
4.7.11 Plant modifications 852
4.7.12 Safe systems of work 852
4.7.13 Laboratories 854
4.7.14 Emergency procedures 857
4.7.15 REACH 857
4.7.16 Conclusions 858

Part 5 The environment 861

5.1 The environment: issues, concepts and strategies
J. E. Channing 863
5.1.1 Introduction 863
5.1.2 Environmental predictions 864
xiv Contents

5.1.3 Sustainable development 865

5.1.4 Environmental hazards 867
5.1.5 Evaluating environmental risks 870
5.1.6 Environmental control strategies 874
5.1.7 Conclusion 876

5.2 Environmental management systems J. E. Channing 878

5.2.1 Introduction 878
5.2.2 Establishing an environmental management system 880
5.2.3 Additional EMAS requirements 889
5.2.4 Conclusions 889

5.3 Waste management Samantha Moss 891

5.3.1 Introduction 891
5.3.2 Waste authorities 892
5.3.3 National waste strategies 893
5.3.4 Defining waste 895
5.3.5 The waste hierarchy 897
5.3.6 Waste management in practice 897
5.3.7 Waste minimisation 913
5.3.8 Other waste management legislation 922
5.3.9 The cost of failure to manage waste effectively 924
5.3.10 Conclusion 925

5.4 Chemicals and the environment J. L. Adamson 928

5.4.1 Introduction 928
5.4.2 Chemical data 928
5.4.3 Risk reduction 929
5.4.4 The Environmental Protection Act 1990 (EPA) 929
5.4.5 Minimising environmental harm 933
5.4.6 Air pollution: control measures and
abatement techniques 936
5.4.7 Monitoring atmospheric pollution 938
5.4.8 Control of water pollution 941
5.4.9 Groundwater pollution 942
5.4.10 Waste disposal and duty of care 944
5.4.11 Reuse or recycling of industrial waste 952
5.4.12 Environmental management systems 953
5.4.13 Conclusion 955

5.5 The environment at large G. N. Batts 956

5.5.1 Introduction 956
5.5.2 Environmental issues 957
5.5.3 The environment and the media 963
5.5.4 The global impact of environmental issues 963
5.5.5 Ethical investing and green procurement 964
5.5.6 Increasing environmental legislation, controls and
public reporting 966
5.5.7 End-of-pipe control 966
 Contents xv

5.5.8 Polluter pays 967

5.5.9 Producer or shared responsibility 968
5.5.10 Environmental management system (EMS) and
sustainable development 969
5.5.11 Corporate social responsibility 971

Appendix 1 The Institution of Occupational Safety and Health 977

Appendix 2 Reading for the NEBOSH level 6 Diploma

examination 978

Appendix 3 List of abbreviations 980

Appendix 4 Organisations providing safety information 986

Appendix 5 List of Statutes, Regulations and Orders 988

Appendix 6 List of Cases 994

Index 999
This page intentionally left blank
Foreword
Bill Callaghan, Chairman – Health & Safety Commission

In my Foreword to the sixth edition of Safety at Work I noted the progress

we have made in Great Britain since the publication of the Robens Report
and the enactment of the Health and Safety at Work Act. Our record for
ensuring healthy and safe workers and workplaces continues to be one of
the best in the world.
It is shocking to recall that at the end of the 1960s around 1000 employ-
ees died each year. A cautious estimate is that over 5000 lives have been
saved by the health and safety improvements introduced following the
Health and Safety at Work Act 1974.
It is important to place on record the wide-ranging concern across soci-
ety at the 241 worker deaths that occurred in 2006/07 – the number of
fatalities in the construction, waste disposal and agriculture sectors are a
particular cause for concern. The 241 deaths contrast to the record-low for
fatalities in 2005/06. In addition there is still the challenge of improving
health and well being at work. HSC and HSE will continue to play their
part, but it is important to remember that health and safety is ultimately
the responsibility of those who manage and direct companies and those
who work for them.
I am particularly proud of HSC’s ground-breaking Strategy for workplace
health and safety in Great Britain to 2010 and beyond. The vision underpinning
the Strategy, where health and safety is acknowledged to be a cornerstone
xvii
xviii Foreword

of our society with a record on workplace health and safety that leads the
world, has captured the imagination of health and safety stakeholders.
The four strategic goals set out in the HSC Strategy – developing closer
partnerships; helping people benefit from effective health and safety man-
agement and a sensible health and safety culture; focussing on core prior-
ities and the right interventions; and communicating the vision – have
been taken forward with great determination by HSC/E and our Local
Authority partners and through the work and commitment of a wide
range of key health and safety stakeholders.
Partnership working has been key to winning hearts and minds and
support for our vision for workplace health and safety. HSC’s Sensible
Risk campaign, launched in August 2006, is a great example of the bene-
fits that can be realised through a shared vision and partnership working.
The campaign, which has generated great interest and substantial sup-
port, is based around a simple set of principles that set out what good risk
management is – and is not – about. In a nutshell: saving lives, not stop-
ping them. Risk assessment should be about what practical steps you
need to take to protect people, not paperwork for its own sake. By itself,
filling in a form never saved a life.
This seventh edition of Safety at Work carries forward the message on
how employers and employees can achieve high levels of health and
safety to reduce the unacceptable toll of pain and suffering caused by acci-
dents and ill-health at work.
My term of office as Chair of the Health and Safety Commission ended
in September 2007. I look back on my eight years as Chair with great pride
and a sense of achievement whilst not losing sight of the fact that there is
still more to do.
In conclusion I would like to reiterate the vital importance of not treat-
ing continued improvements in worker and workplace health and safety
as a given. The regulator, together with employers, workers and other
stakeholders, need to continue to work closely to prevent ill-health and
injury and to build a society where employee well-being, good health and
good jobs are the norm.
Preface to seventh edition

Health and safety do not stand still but are developing all the time. This is
true of the period since the publication of the previous edition although
the level of legislative activity has not been as frenzied as in the past.
However, there have been a number of significant developments mainly
occurring as rationalisations of a number of related but separately legis-
lated requirements. This is the case with fire safety through the coming
into effect of the Regulatory Reform (Fire Safety) Order 2005 whose struc-
ture and content seems to owe much to the Health and Safety at Work etc.,
Act 1974.
Construction is another area with new regulations concerning safe work-
ing at heights and a revision of the Construction (Design and Management)
Regulations. This latter Regulation has subsumed the remaining parts of
the Construction (Health, Safety and Welfare) Regulations 1996 and con-
solidated into one set of regulations much of the earlier piecemeal legisla-
tion relating to construction. The effects that discharges of chemicals and
other materials have on the environment have also attracted regulatory
attention in the form of the Hazardous Waste (England and Wales)
Regulations 2006. A feature of all these new laws is that they emphasise
the importance of the role of the employer in workplace and environmen-
tal health and safety.
While risk assessments continue to be a major component of workplace
safety, in some areas they seem to have engendered an attitude of aversion
to risk and a proliferation of the ‘safety myth’. In this they have been
denying individuals and groups the pleasure of enjoying activities that
contain a measure of risk – risks that add a measure of excitement to the
activity. A reaction to this has been the recognition in the Compensation
Act 2006 and in the HSC’s Principles of Sensible Risk Management that some
activities necessarily carry a degree of risk.
A change incorporated into this new edition has been the merging of
the two chapters on ergonomics. However, the aim has remained to pro-
vide the reader, whether manager, practitioner or student, with a broad
up-to-date picture of legislative requirements and to highlight techniques
for achieving high standards of health and safety. Techniques and prac-
tices which, incidentally, also generate improved productivity and greater
job satisfaction. The book has never been intended as a panacea for health
and safety ills. Rather it aims to act as a source of information and
guidance. To this end, this edition builds on what has gone before with
xix
xx Preface to seventh edition

chapters covering the fundamental legal framework of health and safety

issues. It also deals with behavioural and risk management concepts,
strategies and techniques and extends to environmental matters that are
increasingly becoming part of health and safety at work.

John Ridley
John Channing
August 2007
Preface to first edition

Since the first welfare Act was put on the Statute Book in 1802 there has
been a steady development in safety and health legislation aimed at
improving the lot of those who work in mills, factories, and even in
offices. In the past two decades official concern has increased, culminating
in 1974 in the Health and Safety at Work etc. Act. ‘Safety at Work’ has now
taken on a new and more pertinent meaning for both employer and
employee.
Developments in the field of safety extend throughout much of the
world, indicating an increasing concern for the quality of working life. In
Europe the number of directives promulgated by the European Economic
Community are evidence of this growing official awareness of the dangers
that the individual faces in his work.
Health and safety laws in the UK are the most complex and comprehen-
sive of all employment laws. Consequently employers are looking to a new
breed of specialists, the occupational safety advisers, for expert advice and
guidance on the best means for complying with, and achieving the spirit
of, the law. These specialists must have the necessary knowledge of a wide
range of disciplines extending from safety and related laws to occupational
health and hygiene, human behaviour, management and safety techniques,
and of course, the hazards inherent in particular industries or pursuits.
With this demand for expert advice has grown a need for a nationally
recognised qualification in this new industrial discipline. With this in mind
the Institution of Occupational Safety and Health (IOSH) published in
1978 a syllabus of subjects for study by those seeking to become profes-
sionally qualified in this field. This syllabus now forms the foundation
upon which the National Examination Board in Occupational Safety and
Health (NEBOSH) sets its examinations.
Prepared in association with IOSH, this book covers the complete syl-
labus. It is divided into five parts to reflect the spectrum of the five major
areas of recommended study. Each part has a number of chapters, which
deal with specific aspects of health or safety. To enable readers to extend
their study of a particular subject, suitable references are given together
with recommendations for additional reading. Further information and
details of many of the techniques mentioned can also be obtained through
discussions with tutors. A table is given in Appendix II to guide students
in their selection of the particular chapters to study for the appropriate
levels and parts of the examination.

xxi
xxii Preface to first edition

A major objective of this book has been to provide an authoritative, up-

to-date guide in all areas of health and safety. The contributing authors are
recognised specialists in their fields and each has drawn on his or her per-
sonal knowledge and experience in compiling the text, emphasising those
facets most relevant to the safety advisers’ needs. In this they have drawn
material from many sources and the views they have expressed are their
own and must not be construed as representing the opinions or policies of
their employers nor of any of the organisations which have so willingly
provided material.
It has been common practice to refer to the safety specialist as the ‘safety
officer’, but this implies a degree of executive authority which does not truly
indicate the rôle he plays. Essentially that rôle is one of monitoring the con-
ditions and methods of work in an organisation to ensure the maintenance
of a safe working environment and compliance with safety legislation and
standards. Where performance is found wanting his function is to advise the
manager responsible on the corrective action necessary. Reflecting this rôle,
the safety specialist is throughout the book referred to as the ‘safety adviser’,
a title that more closely reflects his true function.
The text has been written primarily for the student. However, a great
deal of the content is directly relevant to the day-to-day work of practising
managers. It will enable them to understand their safety obligations, both
legal and moral, and to appreciate some of the techniques by which a high
standard of safe working can be achieved. It will also provide an extensive
source of reference for established safety advisers.
The text of any book is enhanced by the inclusion of tables, diagrams and
figures and I am grateful to the many companies who have kindly provided
illustrations. I would also like to acknowledge the help I have received from
a number of organisations who have provided information. Particularly
I would like to thank the journal Engineering, the Fire Prevention Association,
the Health and Safety Executive, the British Standards Institution and the
International Labour Office.
I also owe grateful thanks to many people for the help and encourage-
ment they have given me during the preparation of this book, in particular
Mr J. Barrell, Secretary of IOSH, Mr D.G. Baynes of Napier College of
Science and Technology, Mr N. Sanders, at the time a senior safety training
adviser to the Road Transport Industry Training Board, Dr Ian Glendon of
the Department of Occupational Health and Safety at the University of
Aston in Birmingham, Mr R.F. Roberts, Chief Fire and Security Officer at
Reed International’s Aylesford site and David Miskin, a solicitor, for the
time each gave to check through manuscripts and for the helpful comments
they offered.
I am also indebted to Reed International P.L.C. for the help they have
given me during the editing of this book, a task which would have been
that much more onerous without their support.
John Ridley
Contributors

John Adamson, MRSC FBIOH, Dip.Occ.Hyg., ROH, MIOSH, RSP

Manager Health, Safety, Hygiene and Fire, Kodak Chemical
Manufacturing

Sabahhit Ali, Solicitor Clarkson Wright & Jakes

L. Bamber, BSc, DIS, CFIOSH, FIRM, MASSE

Managing Director, Risk Solutions International

G. N. Batts BSc, M.Phil., PhD, DIC

Environmental Adviser, Kodak European Region

Dr A. J. Boyle, BSc, MSc, PhD, CPsychol, AFBPhS, FIOSH, RSP

Terry Bramer, BSc(Hons), CEng, MIEE, FIOA

Chris Buck, BSc(Eng), MIEE, FIOSH, RSP

Consultant

Ray Chalklen, MIFireE

Fire consultant

John Channing, MSc(Safety), MSc(Chemistry) FIOSH, RSP

Formerly Manager Health, Safety and Environment,
Kodak Manufacturing
Director, Pharos Consultancy Services Limited

Dr A. R. L. Clark, MSc, MB, BS, MFOM, DIH, DHMSA

Dr T. Coates, MB, BS, FFOM, DIH, DMHSA
Jonathan David, BSc
The Chartered Institution of Building Services Engineers
Frank S. Gill, BSc, MSc, CEng, MIMinE, FIOSH, FFOM(Hon),
Dip.Occ.Hyg.
Consultant ventilation engineer and occupational hygienist
David Greenhalgh, Solicitor
Clarkson Wright & Jakes

xxiii
xxiv Contributors

Professor Andrew Hale, PhD, CPsychol., MErgS, FIOSH

Safety Science Group, Delft University of Technology, Netherlands
Dr Chris Hartley, PhD, MSc, MIBiol
Visiting Fellow to Aston University and a consultant
R. W. Hodgin, LL.M
Honorary Senior Lecturer, University of Birmingham
Edwin Hooper
Roland Hudson, FIOSH, RSP, FRSH, ASSE
Construction safety consultant
Dr R. G. Lawson, LL.M, PhD
Consultant in marketing and advertising law
Dr M. Maslanyj
Health Protection Agency – Radiation Protection Division
John McMullen, BSc, CEng, MIMechE
Zurich Risk Services
R. D. Miskin
A solicitor
Samantha Moss, BSc(Hons), MIOSH, AMIEMA
HSE Manager, Business Operations
John Ridley, BSc, CEng, MIMechE, FIOSH, DMS
Peter Shaw
Health Protection Agency – Radiation Protection Division
Stan Simpson, CEng, MIMechE, FIOSH
Cameron Sinclair
Zurich Risk Services
Eric J. Skellett
Solicitor
Ron W. Smith, BSc(Eng), MSc(Noise and vibration)
Hodgson & Hodgson Group Ltd
Brenda Watts, MA, BA
Barrister, Senior Lecturer, Southampton College of Higher Education
Ashton West, BA(Hons), ACII
Claims Director, Rubicon Corporation
Dr A. D. Wrixon, DPhil, BSc(Hons)
International Atomic Energy Agency
Part I
Law

Chapter 1.1 Explaining the law (Brenda Watts) 3

Chapter 1.2 Principal health and safety Acts (S. Simpson) 48
Chapter 1.3 Influences on health and safety (J. R. Ridley) 64
Chapter 1.4 Law of contract (R. W. Hodgin) 82
Chapter 1.5 Employment law (R. D. Miskin, updated by
Sabahhit Ali) 94
Chapter 1.6 Consumer protection (R. G. Lawson) 118
Chapter 1.7 Insurance cover and compensation (A. West) 145
Chapter 1.8 Civil liability (E. J. Skellett, updated by David
Greenhalgh) 160

Laws are necessary for the government and regulation of the affairs and
behaviour of individuals and communities for the benefit of all. As societies
and communities grow and become more complex, so do the laws and the
organisation necessary for the enforcement and administration of them.
The industrial society in which we live has brought particular problems
relating to the work situation and concerning the protection of the worker’s
health and safety, his employment and his right to take ‘industrial action’.
This section looks at how laws are administered in the UK and the pro-
cedures to be followed in pursuing criminal actions and common law
remedies through the courts. It considers various Acts and Statutes that
are aimed at safe working in the workplace and also some of the influ-
ences that determine the content of new laws. Further, the processes are
reviewed by which liabilities for damages due to either injury or faulty
product are established and settled.
This page intentionally left blank
Chapter 1.1

Explaining the law

Brenda Watts

1.1.1 Introduction
To explain the law an imaginary incident at work is used which exempli-
fies aspects of the operation of our legal system. These issues will be iden-
tified and explained with differences of Scottish and Irish law being
indicated where they occur.

1.1.2 The incident

Bertha Duncan, an employee of Hazards Ltd, while at work trips over some
wire in a badly lit passageway, used by visitors as well as by employees.
The employer notifies the accident in accordance with his statutory obli-
gations. The investigating factory inspector, Instepp, is dissatisfied with
some of the conditions at Hazards, so he issues an improvement notice in
accordance with the Health and Safety at Work etc. Act 1974 (HSWA),
requiring adequate lighting in specified work areas.

1.1.3 Some possible actions arising from the incident

The inspector, in his official capacity, may consider a prosecution in the
criminal courts where he would have to show a breach of a relevant pro-
vision of the safety legislation. The likely result of a successful safety pros-
ecution is a fine, which is intended to be penal. It is not redress for Bertha.
The employee, Bertha, has been injured. She will seek money compensa-
tion to try to make up for her loss. No doubt she will receive State indus-
trial injury benefit, but this is intended as support against misfortune
rather than as full compensation for lost wages, reduced future prospects
or pain and suffering. Bertha will therefore look to her employer for com-
pensation. She may have to consider bringing a civil action, and will then
seek legal advice (from a solicitor if she has no union to turn to) about
claiming compensation (called damages). To succeed, Bertha must prove
that her injury resulted from breach of a legal duty owed to her by Hazards.
3
4 Safety at Work

For the employer, Hazards Ltd, if they wish to dispute the improvement
notice, the most immediate legal process will be before an employment
tribunal. The company should, however, be investigating the accident to
ensure that they comply with statutory requirements; and also in their
own interests, to try to prevent future mishaps and to clarify the facts for
their insurance company and for any defence to the factory inspector and/
or to Bertha. The company would benefit from reviewing its safety respon-
sibilities to non-employees (third parties) who may come on site. As a
company, Hazards Ltd has legal personality; but it is run by people and if
the inadequate lighting and slack housekeeping were attributable to the
personal neglect of a senior officer (s. 37 HSWA), as well as the company
being prosecuted, so too might the senior officer.

1.1.4 Legal issues of the incident

The preceding paragraphs show that it is necessary to consider:
criminal and civil law,
the organisation of the courts and court procedure,
procedure in employment tribunals, and
the legal authorities for safety law: legislation and court
decisions.

1.1.5 Criminal and civil law

A crime is an offence against the State. Accordingly, in England prosecutions
are the responsibility of the Crown Prosecution Service; or, where statute
allows, an official such as a factory inspector (ss. 38, 39 HSWA). Very
rarely may a private person prosecute. In Scotland the police do not pros-
ecute since that responsibility lies with the procurators-fiscal, and ulti-
mately with the Lord Advocate. In Northern Ireland the Director of Public
Prosecutions (DPP) initiates prosecutions for more serious offences, and
the police for minor cases. The DPP may also conduct prosecutions on behalf
of Government Departments in magistrates’ courts when requested to do
so. The procurators-fiscal, and in England and Northern Ireland the
Attorney General acting on behalf of the Crown, may discontinue proceed-
ings; an individual cannot. The Justice (Northern Ireland) Act1 provides
for a Prosecution Service to undertake all prosecutions and for the DPP to
discontinue proceedings, not the Attorney General (see also section 1.1.14).
Criminal cases in England are heard in the magistrates’ courts and in the
Crown Court; in Scotland mostly in the Sheriff Court, and in the High Court
of Justiciary. In Northern Ireland criminal cases are tried in magistrates’
courts and in the Crown Court. In all three countries the more serious crim-
inal cases are heard before a jury, except in Northern Ireland for scheduled
offences under the Northern Ireland (Emergency Provisions) Act of 1996.
The burden of proving a criminal charge is on the prosecution; and it
must be proved beyond reasonable doubt. However, if, after the incident
at Hazards, Instepp prosecutes, alleging breach of, say s. 2 of HSWA, then
 Explaining the law 5

Hazards must show that it was not reasonably practicable for the com-
pany to do more than it did to comply (s. 40 HSWA). This section puts the
burden on the accused to prove, on the balance of probabilities, that he
had complied with a practicable or reasonably practicable statutory duty
under HSWA.
The rules of evidence are stricter in criminal cases, to protect the accused.
Only exceptionally is hearsay evidence admissible. In Scotland the require-
ment of corroboration is stricter than in English law.
The main sanctions of a criminal court are imprisonment and fines. The
sanctions are intended as a punishment, to deter and to reform, but not to
compensate an injured party. A magistrates’ court may order compensation
to an individual to cover personal injury and damage to property. Such a
compensation order is not possible for dependants of the deceased in con-
sequence of his death. At present the upper limit for compensation in the
magistrates’ court is £50002.
A civil action is between individuals. One individual initiates proceed-
ings against another and can later decide to settle out of court. Over 90%
of accident claims are so settled.
English courts hearing civil actions are the county courts and the High
Court; in Scotland the Sheriff Court and the Court of Session. In Northern
Ireland the County Court and the High Court deal with civil accident
claims. Civil cases rarely have a jury; in personal injury cases only in the
most exceptional circumstances.
A civil case must be proved on the balance of probabilities, which has
been described as ‘a reasonable degree of probability . . . more probable
than not’. This is a lower standard than the criminal one of beyond reason-
able doubt, which a judge may explain to a jury as ‘satisfied so that you
are sure’ of the guilt of the accused.
In civil actions the claimant, formerly the plaintiff, (the pursuer in
Scotland) sues the defendant (the defender) for remedies beneficial to him.
Often the remedy sought will be damages – that is, financial compensation.
Another remedy is an injunction, for example, to prevent a factory com-
mitting a noise or pollutant nuisance.

1.1.6 Branches of law

As English law developed it followed a number of different routes or
branches. The diagram in Figure 1.1.1 illustrates the main legal sources of
English law and some of the branches of English law.
Criminal law is one part of public law. Other branches of public law are
constitutional and administrative law, which include the organisation and
jurisdiction of the courts and tribunals, and the process of legislation.
Civil law has a number of branches. Most relevant to this book are con-
tract, tort (delict in Scotland) and labour law. A contract is an agreement
between parties which is enforceable at law. Most commercial law (for
example, insurance) has a basis in contract. A tort is a breach of duty
imposed by law and is often called a civil wrong. The two most frequently
heard of torts are nuisance and trespass. However, the two most relevant
to safety law are the torts of negligence and of breach of statutory duty.
 6
Figure 1.1.1 Sources and branches of English law
 Explaining the law 7

The various branches of law may overlap and interact. At Hazards, Bertha
has a contract of employment with her employer, as has every employee
and employer. An important implied term of such contracts is that an
employer should take reasonable care for the safety of employees. If Bertha
proves that Hazards were in breach of that duty, and that in consequence
she suffered injury, Hazards will be liable in the tort of negligence. There
could be potential criminal liability under HSWA. Again, Hazards might
discipline a foreman, or Bertha’s workmates might refuse to work in the
conditions, taking the situation into the field of industrial relations law.

1.1.7 Law and fact

It is sometimes necessary to distinguish between questions of law and
questions of fact.
A jury will decide only questions of fact. Questions of fact are about
events or the state of affairs and may be proved by evidence. Questions of
law seek to discover what the law is, and are determined by legal argu-
ment. However, the distinction is not always clear-cut. There are more
opportunities to appeal on a question of law than on a question of fact.
Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations
1992 (WHSW)3 requires an employer (and others, to the extent of their
control) to keep, so far as reasonably practicable, every floor in the work-
place free from obstructions and from any article which may cause a person
to slip, trip or fall. In the Hazards incident Bertha’s tripping, her injury, the
wire being there, the routine of Hazards, are questions of fact. However,
the meaning of ‘obstruction’, of ‘floor’, of ‘reasonably practicable’ are
questions of law.

1.1.8 The courts

1.1.8.1 First instance: appellate

A court may have first instance jurisdiction, which means that it hears
cases for the first time; it may have appellate jurisdiction which means that
a case is heard on appeal; or a court may have both.

1.1.8.2 Inferior: superior

Inferior courts are limited in their powers: to local jurisdiction, in the seri-
ousness of the cases tried, in the sanctions they may order, and, in England,
in the ability to punish for contempt.
In England the superior courts are the House of Lords, the judicial
Committee of the Privy Council, and the Supreme Court of Judicature.
Magistrates’ and county courts are inferior courts.
For Scotland the Sheriff Court is an inferior court while the superior courts
are the House of Lords, the Court of Session and the High Court of Justiciary.
8 Safety at Work

In Northern Ireland the superior courts are the House of Lords and the
Supreme Court of Judicature of Northern Ireland. The inferior courts are
the magistrates’ courts and the county courts.

1.1.8.3 Criminal proceedings – trial on indictment; summary trial

The indictment is the formal document containing the charge(s), and the
trial is before a judge and a jury (of 12 in England and N. Ireland, of 15 in
Scotland). A summary trial is one without a jury.
The most serious crimes, such as murder, or robbery, must be tried on
indictment (or solemn procedure in Scotland). Some offences are triable
only summarily (for example, most road traffic offences), others (for
example, theft) are triable either way according to their seriousness. Most
offences under HSWA are triable either way, but in practice are heard
summarily.

1.1.8.4 Representation

A practising lawyer will be a solicitor or a barrister (advocate in Scotland).

Traditionally, barristers concentrate on advocacy and provide specialist
advice. A qualification for senior judicial appointment is sufficient experi-
ence as an advocate. A barrister who has considerable experience and
thinks he has attained some distinction may apply to the Lord Chancellor
to ‘take silk’. A solicitor is likely to be a general legal adviser. Until the
Courts and Legal Services Act 1990 (as amended by the Access to Justice
Act 1999), a solicitor’s right to represent in court was limited to the lower
courts. That Act provides for the ending of the barrister’s monopoly appear-
ances in the higher courts. Solicitors are able to appear in the High Court
and before juries; and be appointed judges in the High Court. Qualified
Fellows of the Institute of Legal Executives now have certain rights of
audience, particularly in county courts and tribunals. A party may always
defend himself, but there are restrictions on an individual personally con-
ducting a private prosecution in the Crown Court or above (R. v. George
Maxwell Ltd4). There is no general right of private prosecution in Scotland.

1.1.8.5 An outline of court hierarchy in England

There is a system of courts for hearing civil actions and a system for crim-
inal actions. These are shown diagrammatically in Figures 1.1.2 and 1.1.3.
However, some courts have both civil and criminal jurisdiction19.
The lowest English courts are the magistrates’ courts, which deal mainly
with criminal matters; and the county courts, which deal only with civil
matters.
Magistrates determine and sentence for many of the less serious offences.
They also hold preliminary examinations into other offences to see if the
prosecution can show a prima facie case on which the accused may be
committed for trial. Serious criminal charges (and some not so serious
 9
Figure 1.1.2 The main civil courts in England
 10
Figure 1.1.3 The main criminal courts in England
 Explaining the law 11

where the accused has the right to jury trial) are heard on indictment
in the Crown Court. The Crown Court also hears appeals from
magistrates.
The implementation of the extensive reforms of criminal court proce-
dure recommended in the Auld Report5 have made an important contri-
bution towards establishing modern, efficient criminal courts. Among the
recommendations was unification of the magistrates’ courts and Crown
Court into a single criminal structure with a new third intermediate District
Division. Cases are tried, according to their seriousness and the likely max-
imum sentence, either by magistrates, by judge and jury or in a District
Division by a judge and two lay magistrates. The court, not the defendant,
decides which tribunal should hear the case. Jury trial is limited to allega-
tions of more serious crimes. Magistrate’s powers have been increased to
impose prison sentences up to 12 months and a system of sentence dis-
counts formalised to encourage defendants to plead guilty, as an attempt
to reduce the number of jury trials. For civil cases, the Courts and Legal
Services Act increases the jurisdiction of the county courts. All personal
injury claims for less than £50 000 start in the county court; there is no
upper limit but county court jurisdiction depends on the complexity of
the case. District judges attached to the small claims courts may deal with
personal injury cases for less than £5000. More important civil matters,
because of the sums involved or legal complexity, start in the High Court
of Justice. The High Court has three divisions:
Queen’s Bench (for contract and torts),
Chancery (for matters relating to, for instance,
land, wills, partnerships and companies),
Family.
In addition the Queen’s Bench Division hears appeals on matters of law:

1 from the magistrates’ courts and from the Crown Court on a procedure
called ‘case stated’, and
2 from some tribunals, for example the finding of an employment tribu-
nal on an enforcement notice under HSWA.

It also has some supervisory functions over lower courts and tribunals
if they exceed their powers or fail to carry out their functions properly,
or at all.
The High Court, the Crown Court and the Court of Appeal are known
as the Supreme Court of Judicature.
The Court of Appeal has two divisions: the Civil Division which hears
appeals from the county courts and the High Court; and the Criminal
Division which hears appeals from the Crown Court. Further appeal, in
practice on important matters of law only, lies to the House of Lords from
the Court of Appeal and in restricted circumstances from the High Court.
The Judicial Committee of the Privy Council is not part of the mainstream
judicial system, but hears appeals, from, for instance, the Channel Islands,
some Commonwealth countries and some disciplinary bodies.
Since our entry into the European Community, our courts must follow
the rulings of the European Court of Justice. On an application from a
12 Safety at Work

member country, the European Court will determine the effect of European
directives on domestic law. Potentially, the involvement is far-reaching in
industrial obligations, including safety.

1.1.8.6 Court hierarchy in Scotland

Scotland also has separate but parallel frameworks for the organisation of
its civil and criminal courts. These are shown diagrammatically in Figures
1.1.4 and 1.1.5 and are discussed below.
The court most used is the local Sheriff Court which has wide civil and
criminal jurisdiction. Civilly it may sit as a court of first instance or as a
court of appeal (to the Sheriff Principal from a sheriff’s decision). For
criminal cases the sheriff sits with a jury for trials on indictment, and alone
to deal with less serious offences prosecuted on complaints, when its juris-
diction encompasses that of the restricted district court.
The Court of Session is the superior civil court. The Outer House, some-
times sitting with a jury, has original jurisdiction; the Inner House hears
appeals from the Sheriff Court and from the Outer House. Matters of law
may be referred to the Inner House for interpretation, and it also hears
appeals on matters of law from some committees and tribunals, such as
decisions on HSWA enforcement notices. Appeal from the Inner House is
to the House of Lords. For criminal cases the final court of appeal is the
High Court of Justiciary, with three or more judges. When sitting with one
judge and a jury it is a court of first instance, having exclusive jurisdiction
in the most serious criminal matters and unrestricted powers of sentenc-
ing. The High Court of Justiciary hears appeals from the first instance
courts but only on matters of law in cases tried summarily in the Sheriff
Court and the district courts. The judges of the High Court are the same
persons as the judges of the Court of Session. They have different titles
and wear different robes.

1.1.8.7 Court hierarchy in Northern Ireland

The hierarchy of courts in Northern Ireland is different from that for the
English courts and is shown in Figures 1.1.6 and 1.1.7.
Most criminal charges are heard in the magistrates’ courts. Magistrates
try summary accusations or indictable offences being dealt with summar-
ily. They also undertake a preliminary examination of a case to be heard in
the Crown Court on indictment (committal proceedings).
Following trial in a magistrates’ court, the defendant may appeal to the
county court; or, on matters of law only, by way of ‘case stated’ to the
Court of Appeal. The prosecution may appeal only to the Court of Appeal
and only on a matter of law by way of ‘case stated’. Trial on indictment,
for more serious offences, is in the Crown Court, before a judge and jury
(except for scheduled offences under the emergency legislation when cases
are heard before a judge alone).
Appeal from the Crown Court is to the Court of Appeal. The defend-
ant needs leave unless he is appealing only on a matter of law. The
 13
Figure 1.1.4 The main civil courts in Scotland
14 Safety at Work

Figure 1.1.5 The main criminal courts in Scotland

prosecution may refer a matter of law to the Court of Appeal, but this
will not affect an acquittal. Final appeal by either side is to the House of
Lords, but only with leave and only on matters of law of general public
importance. Some civil proceedings take place in a magistrates’ court
before a resident magistrate6 (RM). County courts have a wider and
almost exclusive civil first instance jurisdiction. The procedure is less
formal than in English county courts. Appeal from a County Court is to
the High Court for a rehearing, or to the Court of Appeal on a matter of
law only.
The High Court has unlimited civil jurisdiction. Appeal by way of
rehearing is to the Court of Appeal; or in exceptional circumstances on
important matters of law, direct to the House of Lords. Appeal from the
Court of Appeal to the House of Lords is possible on matters of law only
and with leave.
The Divisional Court hears application for judicial review and habeas
corpus in contrast to the wider jurisdiction on ‘case stated’ of the English
court and the English Divisional Courts for Chancery and Family.
 15
Figure 1.1.6 The civil courts in Northern Ireland
 16
Figure 1.1.7 The criminal courts in Northern Ireland
 Explaining the law 17

1.1.9 Judicial precedent

Previous court decisions are looked to for guidance. English law has
developed a strong doctrine of judicial precedent (sometimes referred to
as stare decisis – let the decision stand). Some decisions (precedents) must
be followed in a subsequent case. Other precedents are only persuasive.
To operate the doctrine of judicial precedent it is necessary to know:

1 the legal principle of a judgement, and

2 when a decision is binding and when persuasive.

Higher courts bind lower courts, and superior courts usually follow
their own previous decisions unless there is good reason to depart from
them. Only since 1966 has departure been possible for the House of Lords,
and the Civil Division of the Court of Appeal is not expected to depart
from its own properly made previous decisions. The Criminal Division
has more latitude because the liberty of the accused may be affected.
Decisions of the superior courts which are not binding are persuasive,
judicial decisions of other common law countries or from the Judicial
Committee of the Privy Council (see below: 1.1.14, para. 2) are also per-
suasive. The judgements of inferior courts are mostly on questions of fact
and are not strict precedents. Decisions of the Court of Justice of the
European Communities bind English courts on the interpretation of EC
legislation.
The legal principle of a judgement, the actual findings on the particular
facts, is called the ratio decidendi. Any other comments, such as what the
likely outcome would have been had the facts been different, or reference
to law not directly relevant, are persuasive but not binding. They are
called obiter dicta – ‘comments by the way’. The obiter dicta can be so per-
suasive that they are incorporated into later judgements and become part
of the ratio decidendi. This happened to the dicta in the famous negligence
case of Hedley Byrne v. Heller & Partners7 (see below: 1.1.18, para. 4). Also,
obiter is any dissenting judgement.
A precedent can bind only on similar facts. A court may distinguish the
facts in a present case from those in an earlier case so that a precedent may
not apply. A previous decision which has been distinguished may still be
persuasive. An appeal court may approve or disapprove a precedent. A higher
court may overrule a precedent, i.e. overturn a principle (though not the
actual decision) of a lower court in a different earlier case. If a decision of
a lower court is taken to appeal, the higher court will confirm or reverse the
specific original decision.
The English doctrine of judicial precedent has evolved to give certainty
and impartiality to a legal system relying upon case law decisions. Other
advantages of the doctrine are the range of cases available and the practi-
cal information therein is said to provide flexibility for application to new
circumstances and at the same time detailed guidance. Criticisms of the
doctrine are that it is not always easy to discover the ratio decidendi of a
judgement. One way in which a court may avoid a previous decision is to
hold that it is dicta and not ratio. Other criticisms are that the doctrine
leads to rigid compliance in a later case unless the previous decision can
18 Safety at Work

be distinguished; and that trying to avoid or distinguish a precedent can

lead to legal deviousness. The doctrine of binding judicial precedent
applies similarly in N. Ireland. In Scotland precedent is important, but
there is also emphasis on principle. The European Court of Justice regards
precedents but is not bound by them.
For the doctrine of precedent to operate there must be reliable law report-
ing. Important judgements are published in the Weekly Law Reports
(WLR), some of which are selected for the Law Reports. Another impor-
tant series is the All England Reports (All ER). Important Scottish cases
are reported in Sessions Cases (SC) and Scots Law Times (SLT). In
N. Ireland the two main series of law reports are the Northern Ireland
Law Reports (NI) and the Northern Ireland Judgements Bulletin (NIJB),
sometimes called the Bluebook. There are various specialist law reports, to
which reference may be made when considering safety cases. A list of
their abbreviations is published in Current Law8 which also summarises
current developments and current accident awards.
To assist international electronic searching and citation, High Court and
Court of Appeal judgements are to be cited in a neutral form, identified by
a unique number, for example [2001] EWHC number (QB); [2001]EWCA
Civ number. The neutral citation may be followed by report citations, for
example Smith v Jones [2001] EWCA Civ10 at 30, [2001] QB 124, [2001] All
ER 364, etc.
Legal terminology in Law Reports includes abbreviations such as LJ
(Lord Justice), MR (Master of the Rolls), per Mr Justice Smith (meaning
‘statement by’); per curiam means statement by all the court; per incuriam
means failure to apply a relevant point of law.
A decision of a higher court is a precedent, even though it is not reported
in a law report. As well as written law reports, there are computerised
data bases. An important example is Lexis10, which includes unreported
judgements of the Civil Division of the Court of Appeal. This very useful
development may also accentuate a practical problem of the doctrine of
judicial precedent. The volume of cases which may be cited may unneces-
sarily complicate a submission and lengthen legal hearings. This danger
has been recognised in the House of Lords11.

1.1.10 Court procedure

1.1.10.1 Stages in the proceedings

English, Irish and Scottish law follow an ‘adversary’ system, in which each
side develops its cases and answers the contentions of the other. The
judge’s functions are to ensure that the correct procedures are followed, to
clarify ambiguities, and to decide the issue. He may question, but he
should not ‘come down into the arena’ and enter into argument.
An indication of the possible proceedings that could arise following an
accident to an employee at work are shown in Figure 1.1.8(a) and (b) and
considered below.
Important changes to the Civil Justice System have been implemented
following the Woolf Report Access to Justice (1996)12. The objectives include
 Explaining the law 19

Figure 1.1.8(a) Possible enforcement legal proceedings following an accident at work

a speedier and simpler procedure with tighter case management, clarifica-

tion of terminology and discouragement of the use of Latin expressions,
encouragement of alternative dispute resolution and avoidance of litigation
wherever possible. Litigation is less adversarial and more co-operative, and
single experts, appointed by both parties, are used whenever practicable.
There are proposals for the effective use of information technology.
Extensive reforms of criminal court procedure result from the Auld Report
(see section 1.1.8.5).
Referring to the incident, should criminal proceedings be instituted
against Hazards, in England and Wales any information stating the salient
facts is laid before a magistrate.
20 Safety at Work

Figure 1.1.8(b) Possible civil legal proceedings following an accident at work

Section 38 of HSWA requires this to be by an inspector or by or with the

consent of the Director of Public Prosecutions. The magistrate will issue a
summons to bring the defendant before the court, and this would be
served on Hazards at their registered office. Since a company has no phys-
ical existence, and therefore cannot represent itself, it would act through a
solicitor or barrister. In a company, documents may be verified by a per-
son holding a senior position.
In Scotland offences are reported to the local procurator-fiscal who
decides whether to prosecute (and in what form when offences are triable
either way). With serious cases he would consult with the Crown Office.
Other documents randomly have
different content
 Chrysometris campestris. Gould.
Fringilla campestris, Spix, Avium Nov. Sp. ii. p. 47, pl. 59. f. 3. ♀

C. Mas: olivaceous; dorsi plumis singulis flavo marginatis,

uropygii præsertim; vertice, gulâ, alis caudâque nigris, alis
caudâque plus minusve flavo-marginatis; capitis lateribus
corporeque infra latè flavis.
Long. tot. 4 unc.; 11 lin.; rost. 5 lin.; alæ, 2¾; caudæ, 2¼; tarsi, 7 lin.
Male; olivaceous, with each feather of the back margined with
yellow, especially on the rump; the top of the head, throat, wings
and tail, black, the two latter margined more or less with yellow;
the sides of the head and beneath the body bright yellow.
Habitat, forests of Tierra del Fuego (February), Valparaiso
(September).
Sub-Fam.—FRINGILLINÆ.
 1. Ammodramus longicaudatus. Gould.
Plate XXIX.
A. vertice humeroque cinereo-fuscis, dorso pallescenti fusco,
uropygio rufescenti-fusco tincto, plumis singulis strigâ mediâ
fuscâ; tectricibus alarum majoribus, remigibus primariis
secundariisque et caudâ nigrescentibus, cinereo albo externe
marginatis; fronte, strigâ superciliari corporeque infra
flavescentibus.
Long. tot. 5¾ unc.; alæ, 2⅜; caudæ, 3; tarsi, ¾; rostri, ⁹⁄₁₆.
Crown of the head and shoulder, greyish brown; back, light brown,
tinged with reddish brown on the rump, and with a stripe of dark
brown down the centre of each feather; greater wing-coverts,
primaries, secondaries, and tail blackish, margined externally
with greyish white; forehead, stripe over the eye, and all the
under surface, buff; bill black; feet brown. Young, or a bird after
gaining its new plumage, differs in having the whole of the upper
surface rich brown, with a tinge of olive and with a stripe of dark
brown down each feather, and in having the wing coverts
margined with reddish instead of greyish brown.
Habitat, Monte Video (November), Maldonado (June).
At Maldonado this bird frequented, in small flocks, reeds and
other aquatic plants bordering lakes. In general habits, as well as in
place of resort, it resembles those species of Synallaxis and
Limnornis, with which it is often associated. It appears to live
entirely on insects, and I found in the stomach of one which I opened
various minute Coleoptera. Mr. Gould remarks, that the structure of
this Ammodramus is very remarkable, for that it has a great general
resemblance both in form and colouring to Synallaxis, although the
thickness of its bill shows its relation to the Fringillinæ. In its habits
it certainly is more allied to the former genus, than to its own family.
 2. Ammodramus Manimbe. G. R. Gray.
Plate XXX.
Ammodramus xanthornus, in Plate, and in Gould’s MS.
Fringilla Manimbè, Licht., Cat. No. 253.
Emberiza Manimbè, D’Orb. & Lafr., Syn. p. 77.
Manimbè, Azara, No. 141.

My specimen was obtained from Maldonado.

 Birds. Pl. 29.

Ammodramus longicaudatus.
 Birds. Pl. 30.

Ammodramus xanthornus.
 1. Zonotrichia matutina. G. R. Gray.
Fringilla matutina, Licht., Cat. 25.
—— Kittl. Kupfertafeln der Vögel, pl. 23. f. 3.
Tanagra ruficollis, Spix, Av. Sp. Nov. ii. t. liii. f. 3. p. 39.
Chingolo, Azara, No. 135. Chingolo Bunting, Lath. Hist.

I procured specimens of this species from the banks of the Plata,

Bahia Blanca in Northern Patagonia, and from Valparaiso in Chile: in
these countries it is perhaps the commonest bird. In the Cordillera, I
have seen it at an elevation of at least 8000 feet. It generally prefers
inhabited places, but it has not attained the air of domestication of
the English sparrow, which bird in habits and general appearance it
represents. It does not go in flocks, although several may be
frequently seen feeding together. At Monte Video I found on the
ground the nest of this species. It contained three eggs; these were
.75 of an inch in length; form, rather rounded; colour, dirty white,
with numerous small spots of chesnut and blackish brown, almost
confluent towards the broadest end. It was in this nest that I found
the parasitic egg, supposed to belong to a species of Molothrus,
described in my journal.[12]
 2. Zonotrichia canicapilla. Gould.
Z. vertice cinereo; loris regioneque paroticâ obscure fuscis: dorso
collique lateribus rufis, dorso superiori et uropygio fuscis; dorso
medio nigrescenti fusco, plumis singulis pallido fusco
marginatis; tectricibus alarum nigrescenti fuscis, rufescente
fusco marginatis, apice albis, duas fascias obliquas trans
alarum formantibus.
Long. tot. 5½ unc.; alæ, 2⅞; caudæ, 2½; tarsi, ⅞; rostri, ½.
Crown of the head grey; lores and ear-coverts dark brown; back
and sides of the neck rufous; upper part of the back and rump
brown; centre of the back blackish brown, each feather margined
with light brown; wing-coverts blackish brown, margined with
reddish brown, and tipped with white, forming two oblique
bands across the wing; primaries, secondaries, and tail, dark
brown, margined with greyish brown; throat and all the under
surface brownish grey; and feet brown.
Habitat, Port Desire in Patagonia, and Tierra del Fuego.
This species is not uncommon in Tierra del Fuego, wherever there
is any open space. Of the few birds inhabiting the desert plains of
Patagonia, this is the most abundant. At Port Desire I found its nest:
egg, about .83 in length; form somewhat more elongated than in that
of the last species; colour, pale green, almost obscured by minute
freckles and clouds of pale dull red.
 3. Zonotrichia Strigiceps. Gould.
Z. capite castaneo, lineâ mediâ obscure diviso, plumis singulis
striâ mediâ nigro-fuscâ, humeri flexurâ rufâ; corpore supra
fuscescente, plumis singulis striâ latâ mediâ obscure fuscâ;
remigibus, primariis caudâque nigro-fuscis pallidè fusco
marginatis; strigâ superciliari, faciei collique lateribus, gulâ
pectore abdomineque medio cinereis; hypochondriis
tegminibusque caudæ inferioribus flavescentibus.
Long. tot. 5¾ unc.; rostri, ½; alæ, 2½; caudæ, 2⅞; tarsi, ⅝.
Head chestnut, divided down the middle by a line of deep grey,
each feather with a stripe of blackish brown down the centre;
point of the shoulder rufous; the remainder of the upper surface
light brown, with a broad stripe of dark brown down the centre of
each feather; primaries and tail brown; secondaries blackish
brown, margined all round with pale brown; stripe over each eye,
sides of the face and neck, throat, breast, and centre of the
abdomen, grey; flanks and under tail-coverts buff; upper
mandible black; under mandible light horn colour; feet brown.
Habitat, Santa Fe. Lat. 31° S. (October.)
This species appears to replace in this latitude the Z. matutina,
which is so abundant on the banks of the Plata and in Chile, as that
species does the Z. canicapilla of Patagonia and Tierra del Fuego.
 Passerina jacarina. Vieill.
Tanagra jacarina, Linn.
Passerina jacarina, Vieill. Ency. Meth. p. 933.
Emberiza jacarina, D’Orb. & Lafr., Syn.
Le Sauteur, Azara, No. 138.
Euphone jacarina, Licht. Cat. p. 30.
Fringilla splendens, Vieill. Ency. p. 981?

I procured a specimen of this bird at Rio de Janeiro.

 1. Fringilla Diuca. Mol.
Fringilla Diuca, Kittl. Mem. de St. Petersb. t. i. pl. 11.
—— Mag. de Zool. 1837, pl. 69.
Emberiza Diuca, D’Orb. & Lafr. Syn. Mag. of Zool. 1838, f. 77.

This bird is very common on the coast of Chile, from the humid
forests of Chiloe to the desert mountains of Copiapó. In Chiloe it is
perhaps the most abundant of the land birds; south of Chiloe I never
saw it, although the nature of the country does not change them. On
the eastern side of the continent, I met with this bird only at the Rio
Negro, in northern Patagonia. I do not believe it inhabits the shores
of the Plata, although so common in the open country, under
corresponding latitudes west of the Cordillera. The Diuca, as this
Fringilla is called in Chile, generally moves in small flocks, and
frequents, although not exclusively, cultivated ground in the
neighbourhood of houses: habits very similar to those of the
Zonotrichia matutina. During incubation, the male utters two or
three pleasing notes, which Molina has in an exaggerated description
called a fine song. In October, at Valparaiso, I found the nest of this
bird in the trellis-work of a vineyard, close by a much frequented
path. The nest is shallow, and about six inches across; the outer part
is very coarse, and composed of the thin stalks of twining plants,
strengthened by the husky calices of a composite flower; this outside
part is lined by many pieces of rag, thread, string, tow, and a few
feathers. Eggs rather pointed, oval, ·94 of an inch in length; colour,
pale dirty green, thickly blotched by rather pale dull brown, which
small blotches and spots become confluent, and entirely colour the
broad end.
 2. Fringilla Gayi. Eyd. & Gerv.
Fringilla Gayi, Eyd. & Gerv. Mag. de Zool. 1834. pl. 23.
Emberiza Gayi, var. D’Orb. & Lafr. Syn. p. 76.

This Fringilla, which was first brought from Chile, is abundant in

the southern parts of Patagonia.
 3. Fringilla formosa. Gould.
F. fronte lorisque nigris; vertice, genis, gulâ, alarum tegminibus
cæruleo griseis, tegminibus primariis, secundariis
rectricibusque griseo-nigris, cærulescenti-griseo marginatis,
dorso flavescenti castaneo; tegminibus caudalibus inferioribus
pallidè griseis; uropygio pectore abdomine hypochondriisque
saturatè flavis.
Long. tot. 5½ unc.; alæ, 3¼; caudæ, 2⅝; tarsi, ¾; rostri, ½.
Forehead and lores black; crown of the head, sides of the face,
throat, wing coverts, and the margins of the primaries,
secondaries, and tail feathers, blue grey; the remainder of the
primaries, secondaries, and tail feathers, greyish black; back
yellowish chestnut; under tail coverts light-grey; rump, breast,
abdomen and flanks, deep wax yellow; bill bluish horn colour;
feet light brown.
Habitat, Tierra del Fuego (December and February).
This finch is common on the outskirts of the forests in Tierra del
Fuego. Mr. Gould remarks, that it is nearly allied to F. Gayi, but it is
much smaller, and is richer in its colouring.
 4. Fringilla fruticeti. Kittl.
Fringilla fruticeti, Kittl. Kupf. der Vögel, pl. 23. f. 1.
Emberiza luctuosa, Eyd. et Gerv. Mag. de Zool. 1834. Cl. 11. pl. 71.
——— D’Orb. & Lafr. Syn. p. 80.

I obtained specimens of this bird from Northern Chile, and

Southern Patagonia. I saw it also in the Cordillera of Central Chile, at
an elevation of at least eight thousand feet, near the upper limit of
vegetation. In Patagonia it is not common, it frequents bushy valleys
in small flocks, from six to ten in number. These birds sometimes
move from thicket to thicket with a peculiar soaring flight: they
occasionally utter very singular and pleasing notes.
 5. Fringilla carbonaria. G. R. Gray.
Emberiza carbonaria, D’Orb. & Lafr. Synop. p. 79.

I never saw this bird but once, and then it was in small flocks, on
the most desert parts of the plains between the rivers Negro and
Colorado, in Northern Patagonia.
 6. Fringilla alaudina. Kittl.
Fringilla alaudina, Kupf. der Vögel, pl. 23. f. 2.
Emberiza guttata, Meyen, Nov. Act. Cur. xvii. pl. 12.
——— D’Orb. & Lafr. Syn. p. 78: Adult.
Passerina guttata, Eyd. & Gerv. Mag. de Zool. 1834. pl. 70. p. 22.

My specimens were obtained from the neighbourhood of

Valparaiso.
 Birds. Pl. 31.

Passer Jagoensis.
 Birds. Pl. 32.

Chlorospiza melanodera.
 1. Passer Jagoensis. Gould.
Plate XXXI.
Pyrgita Jagoensis, Gould, Proc. of Zool. Soc. 1837. p. 77.

P. summo capite, et maculâ parvâ gulari intensè nigrescenti-

fuscis; strigâ superciliari, collo, humeris dorsoque intensè
castaneis, hujus plumis strigâ fuscâ centrali notatis; alis
caudâque brunneis, tectricibus alarum minoribus albis, qui
color fasciam transversam efficit: lineâ angustâ albâ à nare ad
oculum; genis corporeque subtùs albis, hoc colore in cinereum
ad latera transeunte: rostro, pedibusque fuscis.
Long. tot. 5 unc.; caudæ, 2¼; alæ, 2½; rost. ½; tarsi, ⁵⁄₄.
Crown of the head and a small mark on the throat intense blackish
brown, with a stripe on the eyebrows, the neck, shoulders and
back bright chestnut, the feathers of the latter marked with a
central dusky streak; wings and tail brown, with the smaller wing
coverts white, forming a transverse bar; a narrow white line from
the nostrils to the eye; cheeks and under side of body white, this
colour passing into grey on the sides; beak and feet dusky.
Habitat, St. Jago, Cape Verde Islands (January).
This is the commonest bird in the island; it frequents, generally in
small flocks, both the neighbourhood of houses and wild uninhabited
spots. It was building its nest towards the end of August.
 2. Passer Hispaniolensis. G. R. Gray.
Fringilla Hispaniolensis, Temm. Man. i, 353.

In the month of January I obtained a specimen of this bird from

St. Jago, one of the Cape Verde Islands, where it was not common.
 1. Chlorospiza? melanodera. G. R. Gray.
Plate XXXII.
Emberiza melanodera, Quoy & Gaim. Voy. de L’Uranie, Zool. i. p. 109.

C. flavescenti olivacea; dorso superiori cinereo rufoque mixto;

vertice, auribus, colli lateribus pectoreque cinereis rufomixtis;
lineâ à naribus pone oculos transiente genisque albis; plumis
inter rostrum et oculos gulâque atris; remigibus primariis et
secundariis nigrescentibus flavo marginatis: caudâ rectricibus
mediis olivaceo fuscis, tribus externis ferè toto pallidè flavis;
abdomine medio flavescenti albo, lateribus obscurioribus.
Long. tot. 6½ unc.; alæ, 3½; caudæ, 2¾; tarsi, 10 lines; rostri, 5 lin.
Adult. Yellowish olive, mixed with grey and rufous on the upper
part of the back; top of the head, ears, sides of the neck and
breast, grey mixed with rufous; the lines from the nostrils
reaching behind the eyes and cheeks, white; the space between
the bill and eye, and the throat, deep black; the primaries and
secondaries blackish, margined with yellow; the tail, with the
middle feathers, olivaceous black, with the three external nearly
wholly pale yellow; the middle of the abdomen yellowish white,
with the flanks darker.
Young: Upper surface brownish white, with the middle of each
feather black; the throat lighter; the wing coverts and
secondaries margined with white and brown; the primaries with
yellow; the tail blackish, with their outer margins yellow, and the
external feather wholly pale yellow white; beneath the body pale
yellowish white, streaked on the breast and flanks with a darker
tint.
Habitat, East Falkland Island {March), and Santa Cruz, Patagonia
(April).
This bird is extremely abundant in large scattered flocks in the
Falkland Islands.
2. Chlorospiza? xanthogramma. G. R. Gray.
Plate XXXIII.
C. cinerascenti olivacea, rufo paulo tincta; lineâ à naribus pone
oculos transiente genisque flavis; plumis inter rostrum et oculos
gulâque atris; remigibus secundariis nigrescentibus, cinereo et
olivaceo latè marginatis; primariis nigrescentibus, flavo
angustè marginatis; caudâ cinerascenti nigrâ, plumis externis
albis; corpore infra flavescenti albo, hypochondriis
obscurioribus.
Long. tot. 7²⁄₈ unc.; alæ, 3⅞; caudæ, 3; tarsi, 1; rostri, 7 lin.
Adult: Greyish olive, very slightly mixed with rufous, a line from
the nostrils reaching behind the eyes and cheeks, yellow; the
space between the bill and eye, and the entire throat, deep black;
the secondaries blackish, broadly margined with grey and olive;
the primaries blackish, slightly margined with yellow; the tail
greyish black, with the outer feathers white; beneath the body
yellowish white, darker on the flanks.
Female: Upper surface brownish white, with each feather blackish
brown in the middle, the head and throat paler; the wing-coverts
and secondaries blackish, margined with brownish white; the
primaries blackish, slightly margined with yellow; the tail
blackish white-margined, with the outer feathers nearly wholly
white; beneath the body yellowish white, streaked with brown on
the breast and flanks: and the space from the nostrils reaching to
behind the eyes and cheeks, yellowish.
Habitat, East Falkland Island (March), and Tierra del Fuego
(February).
 Birds. Pl. 33.

Chlorospiza Xanthogramma.
 Birds. Pl. 34.

Tanagra Darwinii.

This species is common at the Falkland Islands, and it often occurs

mingled in the same flock with the last one. I suspect, however, it
more commonly frequents higher parts of the hills. These species
have a very close general resemblance; but the marks about the head,
which are white in the C. melanodera, are yellow in the C.
xanthogramma, while the parts of the tail-feathers which are white
in the latter, are yellow in the C. melanodera: this difference of
colours does not hold in the females, but they may be at once
distinguished by the greater length of wing, when folded, of the C.
xanthogramma.
 Chrysomitris Magellanica. Bonap.
Fringilla Magellanica, Vieill. Ency. Meth. 983; Ois. Chant. de la Zône Torride,
pl. 30; Audubon, Birds of Am. pl. 394, f. 2.
Gafarron, Azara, No. 134.
Fringilla icterica, Licht. Cat. p. 26.

This bird was very abundant in large flocks during May, at

Maldonado; I found it also at the Rio Negro.
Sub-Family.—TANAGRINÆ.
 Pitylus superciliaris.
Tanagra superciliaris, Spix. Av. Sp. Nov. 2. t. lvii. fig. 1. p. 44.

My specimen was procured from Santa Fé, in Lat. 31° S.

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