Complete the three exercises found in the Module 2 Topic 3 notes., namely: Exercise 1: Look for relevant legislation in a jurisdiction of interest to you and extract from it the general statements of expectation. Relevant legislation is legislation that is concerned with safety duties in either the occupational or public risk domains. Extend your investigations to include a small number of relevant Regulations and Codes of Practice, including those relating to the meaning of the term ‘reasonably practical’. Subject these to a critical analysis (in the context of the theory introduced in this Unit) of meaning, 2 definitions, logic and practicality. Exercise 2: In 2016 a mines tailing dam in Brazil failed. See for example: http://www.abc.net.au/news/ 2017-12-22/bhp-provides-millions-more-after-samarco-dam-disaster-brazil/9282394. There is a lot of information on the www about this very high profile disaster. This ABC article includes these comments: “…the collapse was due to a range of construction and design flaws”, and “BHP has taken multi-billion dollar write downs because of the Samarco disaster and operations remain suspended at the mine”. The article also records the fact that the Brazilian authorities were sue-ing the various companies involved for more than US$50billion. Read up about the disaster and about the negligence concepts which I have outlined above. A search for this term on the www will unearth many sites that will expand on the ideas I have presented. How do you think the four common law tests of negligence would be argued in a court of law by a lawyer defending the owners of the mine? Exercise 3: In the notes above this is said: Any discussion about risk is always concerned with whether enough is currently being done to control the risk.” “… how does an organisation decide what is acceptable and to whom it is acceptable?” In the context of the Samarco Dam failure, discuss (in about 500 words) how the process of risk assessment as described above would be or could be applied to the decision-making of senior managers on dam safety. Include in this the dynamics of decision-making on (a) the expenditure of funds to improve understanding the dam’s condition and (b) about the funds required to improve its stability by senior management at the mine.
Subject Name: Law
Level: Postgraduate
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