One of the earliest pieces of statute law that was entirely concerned with safety was the Explosives Act in 1875. This controlled the usage and storage of explosives as some dramatic accidents had caused considerable public dismay. The Boiler Explosions Act came a small subsequently and was followed by a series of Acts, some of which were, the Employment of Women, Young Persons and Children Act 1920, the Radioactive Substances Act 1948, the Mines and Quarries Act 1954, the Agriculture Safety, Health and Welfare Provisions Act 1956, the Factories Act 1961, the Construction Regulations 1961, the Public Health Act 1961, the Offices, Shops and Railway Premises Act 1963, and so on, climaxing in the Health and Safety at Work Act 1974.
Wignall, Kendrick, Ancill, Copson ( 1999 )
The Health and Safety at Work Act, 1974, was put in topographic point finally to guarantee the public assistance of all employers, employees and members of the general populace in and around the workplace. The purposes were to cut down the hazard of accidents in the workplace and to eliminate any pattern by the employer that could potentially set one ‘s wellness at hazard. Punishments were put in topographic point for non-compliance. Failure to adhere to the statute law can take to prohibition of certain operations, mulcts being imposed and even imprisonment.
Damage to employees wellness and accidents caused by unqualified methods of work are no longer acceptable. The Health and Safety at Work Act is in topographic point to cut down these hazards every bit far as is moderately operable.
P1.1 – Legal Duties of the Employer
The burden begins with the employer. It is their responsibility to implement the regulations set out within the act. Failure to make so can frequently take to punishments such as imprisonment and mulcts, which will be detailed at a ulterior phase. The chief duties for the employer can be summarised as follows:
To supply & amp ; maintain works ( i.e. dump trucks, factory machinery, power tools, little tools etc ) to a high criterion to forestall hurt and extinguish any other possible wellness hazard. Safety Inspection registries should be kept and the employer should guarantee regular cheques are being carried out. Any point of works that is reported faulty or insecure should be withdrawn from usage instantly and mistakes should be rectified to the full before it is allowed back into operation.
To guarantee works is being used right by the employee and that the employee is competent to be utilizing that piece of equipment. Full preparation and counsel should be offered where required.
To supply information, direction and full preparation where necessary. Tool box negotiations are now on a regular basis used as a method of conveying this counsel to employees. Other agencies of pass oning information can be by notice boards, supply of literature and preparation classs.
Adequate supervising should be provided at all times to guarantee employees are working in a safe mode and continuing their duties under the Health and Safety at Work Act.
Personal Protective Clothing ( P.P.E ) should be supplied where required by the employee. For illustration, all building site secret agents should be given high visibleness waistcoats, safety boots and a difficult chapeau. In the event of the operative being asked to utilize a piece of equipment such as a ledgeman or an point of works that could potentially damage 1s hearing, excess consideration should be given and protective equipment such as baseball mitts and ear defenders must be issued. The employer should implement the usage of P.P.E. at all times.
A safe on the job country should be maintained at all times. This includes equal entree and emersion to the working country and safeguards should be taken for any possible emptying such as a fire drill. The working country should be good maintain, clean and free of any unneeded obstructors. Any rubbish should be disposed of in a safe country.
Commissariats should be made sing risky chemicals etc. Any container such as this should be clearly labelled and kept in a safe country.
Social welfare installations should be available at all times. These will be described more in deepness at a ulterior phase, but they should by and large include a supply of hot and cold H2O, lavatories and safe countries.
If five or more employees are employed, so a Health and Safety Policy should be implemented and maintained.
Procedures should be in topographic point in the event of an accident. A qualified first aider should be on site at all times, along with first assistance kits, spill kits and fire safety equipment. A list of first aiders and nearest infirmaries should besides be displayed on information boards around the workplace. Measures should be taken in instance of the event of a fire. Meeting countries should be pre-arranged, fire issues should be kept clear and regular drills should take topographic point.
Extra attention should be given to protect immature people and pregnant adult females. After all, you would non anticipate a pregnant adult female to set about any undertaking that could hold an consequence on the public assistance of the female parent and kid.
Nowadays, many workers are employed on a impermanent footing in stead of lasting employment. It is the employers ‘ responsibility to guarantee that impermanent workers are given the same intervention as the lasting workers. Full preparation and counsel should be offered irrespective of the length of the employees contract.
Hazard appraisals should be used as a signifier of placing any possible jeopardies and understating the hazard of the jeopardy occurring.
P1.1 – Legal Duties of the Employee
We have already outlined the duties that fall upon an employer but the employee is merely as responsible for safety in the work topographic point. Punishments for non-compliance of the Health and Safety at Work Act can besides include imprisonment and mulcts. The employee must stay by the regulations that have been given to him or her by the employer.
The chief duties for the employee are as follows:
To move in a mode that does non jeopardize anyone in or around the workplace. Tomfoolery is non acceptable, particularly when machinery or other works is in operation.
To have on Personal Protective Equipment in the right mode at all times. If any point should necessitate replacing so the employer must be notified so that he can carry through his duty as mentioned above.
Regular cheques of works should be made. If any point of works is found to be faulty in anyhow, it must be reported instantly to the supervisor and must non be used once more until it is deemed to be safe to utilize once more.
To be cognizant of exigency processs that have been put in topographic point such as what to make in the event of a fire dismay. They should besides take notice of the list of qualified first aiders on site.
Facilities such as fire safety equipment and first assistance equipment should non be interfered with unless truly required. Welfare installations must besides be looked after. Any employee found vandalising or misapplying these installations could be earnestly disciplined.
To keep their ain on the job country. A high degree of housework should be kept at all times. The employee should guarantee litter is disposed of right and keeps entree and emersion clear at all times.
To describe anything that could be a possible wellness or safety jeopardy within the workplace. This can include a broad scope of things such as, machinery being used falsely or by unqualified members of staff, smelling of unsafe gases, equipment being abused or vandalised, insecure works, electrical mistakes, P.P.E. non being used or anything else that could perchance jeopardize fellow employees or the general populace.
P1.2 – The Management of Health and Safety at Work Regulation 1999
The Management of Health and Safety at Work Regulations were originally implemented in 1992.They require the employer to take into history any possible hazards by signifier of hazard appraisals, have processs in topographic point for exigencies and maintain the employee to the full informed of assorted wellness and safety issues that could consequence them. In the undermentioned old ages, they were amended to protect pregnant female parents and immature workers. The most recent alteration was 1999 and can be found at www.legislation.hmso.gov.uk.
The chief commissariats of the Management of Health and Safety at Work Regulation are:
The ordinance requires the employer to do an appraisal of the hazards to the wellness and safety of the employees within the workplace and take into history any individual that could be effected by the operations of the workplace, i.e. members of the populace.
Preventive and protective steps
The steps that have been identified by the employer via the hazard appraisal must now be acted upon to cut down the hazards every bit much as possible and eliminate the hazard wholly where possible.
Health and safety agreements
Agreements should be made in relation to the size and type of activity that is being undertaken. The employer is required to be after and command the preventative and protective steps that he has put in topographic point.
If possible wellness hazards are identified by the hazard appraisal so the employer must guarantee the employee is provided with necessary wellness surveillance.
Health and safety aid
Every employer is required to get aid where needed to guarantee he is following with these ordinances. This can be more than one individual, whatever is comparative to the size of the operation.
Contacts with external services
Information should be available at all times in instance of exigency. This in includes first assistance and exigency medical attention such as contact inside informations for the nearest accident and exigency infirmary.
Information for employees
Information such as hazard appraisals, preventative and protective steps, safety processs, first aiders, fire wardens and any other possible hazards to the employees wellness and safety should be supplied at all times. This can be communicated utilizing information boards, tool box negotiations etc.
Co-operation and co-ordination
This is to guarantee that where there is more than one employer in a work topographic point, they must pass on consequently to guarantee they are following with the ordinances. For illustration, it is imperative that multiple employers in any workplace would work together in the event of any emptying. There would be merely one emptying program for the full workplace.
Persons working in the host employers ‘ or self employed individuals ‘ projects
The employer is required to guarantee that any individual come ining the workplace from an outside project such as a edifice care worker or any other visitant is provided with necessary information sing any preventative and protective step, exigency processs and other information associating to the workplace.
Capabilities and preparation
This is to guarantee that employees are competent to transport out the work they are being asked to set about. Health and safety preparation should be available to new employees and bing employees to guarantee they are cognizant of any hazards.
Employees ‘ responsibilities
The employee is responsible for guaranting that they use any equipment or machinery in conformity with the preparation that has been given by the employer. This can run from utilizing machinery right to guaranting the machinery they are utilizing is in good working order.
The employer must handle any impermanent worker with the same equal information that he would for people under fixed contracts. This should include full preparation and wellness surveillance.
New or anticipant female parents
These steps were included in the more recent alteration of the Management of Health and Safety at Work Act to protect pregnant and chest eating female parents. The employer should guarantee that new or anticipant female parents are non exposed to any possible hazards in the workplace. However, it is the duty of the expectant female parent to give written notice of her status.
Protection of immature individuals
The employer is required to protect any immature individuals he has employed and guarantee that the employee is capable of set abouting the undertakings he is being asked to make. For illustration, any undertaking that is beyond his physical or psychological capableness or any undertaking that the immature individual is inexperienced to set about.
Throw off and utilize Excel sheet
P1.3 – Punishments for Non-Compliance of The Health and Safety at Work Act, 1974.
The punishments on the old page seem to be obscure and lack any consistence. For illustration, if a building company proprietor fails to follow with an betterment notice, he can be fined up to ?20,000 and confront imprisonment for six months. For transgressing a ordinance within subdivisions 2 and 65 of the Health and Safety Act, he would merely be looking at having a maximal ?20,000 mulct but no menace of imprisonment. I would believe that a breach of the Health and Safety Act would hold carried a larger menace to safety and public assistance than neglecting to follow with an betterment notice.
Another job with the punishments are that one building company could confront merely every bit much penalty for neglecting to follow with an betterment notice as another company could for neglecting to follow with a tribunal order. This is excessively obscure and there should be a clear differentiation between failures to follow with a notice. I would propose the followers to be more appropriate.
Failing to follow with an betterment notice
Maximal 3 months imprisonment and/or a maximal ?5,000 mulct
Failing to follow with a prohibition notice
Maximal 6 months imprisonment and/or a maximal ?10,000 mulct
Failure to follow with a tribunal order
Maximal 6 months imprisonment and a ?20,000 mulct
I would so anticipate any breach of subdivision 2-65 of the Health and Safety Act to be punishable with a maximal ?30,000 mulct and a upper limit of annual imprisonment. I would so anticipate any other breaches to be a maximal ?10,000 all right and maximal six months imprisonment.
Either manner, I would look to separate the punishments of non-compliance and increase the mulcts for clear breaches of the statute law.
P1.4 – The Provision of Welfare Facilities
The Construction ( Health, Safety and Welfare ) Regulations, 1996 contains an extended subdivision detailing the demands associating to commissariats of public assistance installations on site. Any individual in control of a building site is obliged to supply the following to site employees.
Suitable and sufficient healthful comfortss should be made available on site or an accessible topographic point within the close locality.
Hot and cold H2O must be made available at all times for wash intents. Showers may be a demand, depending on the nature of the work being undertaken.
An equal supply of wholesome imbibing H2O must be provided at all times.
Adjustment for vesture and altering
A installation that accommodates work apparels must be supplied so that the employee can alter in and out of his work apparels ( overalls etc ) at the beginning and terminal of his displacement.
An country must be provided for the employee to utilize for strictly for remainder intents.
It is deserving observing that all of the above commissariats do non needfully necessitate to be provided specifically on site. The employer may reserve the right to utilize installations within local constitutions at the discretion of the owner. This could run from local stores to mills so long as it is within sensible distance of the site and complies with the Construction ( Health, Safety and Welfare ) Regulations, 1996.