Statutory obligations

If both common law and statutory obligations incurred by a manufacturer of new chemicals are considered, there is a cradle to grave coverage with respect to health hazards, for obligations now arise with the birth of the chemical in the research laboratory and continue through its life in mass production, packaging, transportation, on to its final conversion into a new substance or final distribution or dissipation by the ultimate user. 

Regulatory agencies may be expected to be even more zealous than the courts in discharging their statutory obligations. A recent editorial in a medical publication comments on the FDA ... 

The information used to classify a chemical substance as dangerous , either to health or the environment, can be used for hazard assessment, which can be combined with chemical exposure data to produce a risk assessment. Further information on toxicity or exposure may be needed to refine the risk assessment, before any necessary risk management action is taken to ban or restrict the use of the chemical. (See also chapter by Cowie and Richardson.) Defined hazard and risk assessment procedures may be used by regulatffls, or informal assessments based on practical experience can be undertaken by chemical users, either voluntarily or to fulfil statutory obligations. 

The second category of statements in EPA guidances is inconsistent with the statute itself, and therefore does not survive scrutiny after the MTBE case. These are the statements to the effect that the statutory obligation to report substantial risk information to the EPA is satisfied if the information is ... 

A quasi-judicial system where employers have a statutory obligation to pay medical expenses, disability, and other benefits for work-related injuries or illness. Administrative aspects and extent of coverage of workers compensation laws vary from state to state. 

The fact of appointing a safety adviser does not absolve employers from their statutory responsibilities - the role of the safety adviser is to give employers advice that will assist them in making decisions on how to meet their statutory obligations. However, it is common for employers to delegate the performance of their obligations to a manager or other appointee. 

Compliance with the conditions of EU directives is through the appropriate UK laws (in this case SMSR) made as part of the UK government s commitment in Europe. However, companies that export may find that customer countries demand compliance with the word of the EU directive for the particular product regardless of whether there are appropriate UK laws or not. Compliance with the directives then becomes a matter of commercial expediency rather than statutory obligation. Any goods exported to or imported from an EU member state must carry the EC mark otherwise they may be rejected. 

Two of the most important statutory obligations that highway and local authorities have with respect to highways are noted below. 

Under the Act on the Contractor s Obligations and Liability when Work is Contracted Out (Finlex 2006b), a contractor has the duty to check that their contracting partner has discharged their statutory obligations. The purpose of the act is to promote fair competition between companies and compliance with terms of employment. This act is followed in the case company, whose role is comparable with a nuiin contractor s role. 

Bertha Duncan, an employee of Hazards Ltd, while at work trips over a piece of wire in a badly-lit part of the factory, and breaks her leg. The employer notifies the accident in accordance with his statutory obligations. 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 (HSW), requiring adequate lighting in specified work areas. 

The 87 Act further extended the power of the Fire Authorities to enable them to enforce statutory obligations by the issue of Improvement and Prohibition Notices and by prosecution. The procedures regarding notices... 

Liability insurance is compulsory in the Netherlands only for motorists, nuclear power plants, oil tankers, medical research involving human subjects (not only businesses but also universities and other research institutions) and hunters. Businesses do take out liability insurance for other reasons, for example because they are required to do so under a permit or because the bank financing them demands it. It is conceivable that a business may want more substantial liability coverage after appraising its risks, but that the statutory obligation acts as a perverse incentive, causing it to insure itself only for the minimum amount. 

How can government take responsibility for physical safety in accordance with its statutory obligations and the need for collective mechanisms, and at the same time ensure that citizens and businesses also assume their share of the responsibility (and are capable of doing so) What can and should we expect of citizens and businesses, and what should government do ... 

These were new statutory obligations with respect to health and safety in employment and were designed to assist in achieving the objectives referred to above. 

Over the years, the courts have varied in the importance they put upon consultation between the employer and the employee where redundancy is concerned. However, the present position is that consultation is of considerable importance and in Polkey Lord Bridge said. in the case of redundancy, Ihe employer will normally not act reasonably unless he warns and consults any employee affected or their representative. This does not mean that where no consultation takes place with the employee the redundancy is inevitably unfair but it certainly makes the employer s position more difficult to sustain. In some cases there is a statutory obligation to consult recognised trade unions over redundancies. A redundancy can also be rendered unfair by the failure of the employer to find alternative employment for the employee. In any event, under DDF the employer is required to follow particular procedures where they are contemplating dismissal. 

Any statutory obligations to provide health and safety information to employees... 

Any statutory obligations to plan and organise the health and safety training of employees and... 

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