Legislation For Health And Safety Managers Law Essay

The intent of this study is to foreground the importance of Health and Safety in the workplace to the senior direction of City Building ( Glasgow ) LLP and of the considerations to be kept in head during our ain operations, which if non managed right can ensue in non-compliance of statute law or adhering to bids detailing best pattern. This can hold impact on employee ‘s wellness, safety, public assistance, corporate aims and important costs from mulcts and liability claims.

This study consists of information from a instance survey and lessons to be learned from a fatal accident enquiry, which occurred the 29th of May 2008 in Dundee on a building site which resulted in the tragic loss of 1s life.

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There was a responsibility of attention owed, which was non given in this instance survey and the study gives inside informations of employers ‘ responsibility of attention. There are besides deductions originating from judicial proceeding, mulcts, imprisonment and liability colonies which our administration may confront, if there is non-compliance with civil and codified jurisprudence which will besides be found in the chief organic structure of this study.

The decisions suggest reexamining our administrations work patterns for possible development and betterment, which may necessitate to be addressed within our ain administration. The recommendations subdivision of the study give methods of best pattern and methods of relief to avoid the riotous deductions which as detailed within the fatal accident enquiry.

The mentions and appendices contain utile information and counsel for direction, which will guarantee conformity with up to day of the month statute law. Besides found will be illustrations of instance surveies foregrounding the effects on employees and the dearly-won disbursals ensuing from mulcts and hold in production due to betterment and prohibition notices being served on employers.

2.0 Background

On the 29th of May 2008 a tragic accident occurred at a building site within Dundee, The old Tay Spinners Factory. A Polish adult male known as Andrezej Freitag, left his loving household that forenoon around nine o’clock ne’er to return. Andrezej fell 2.91 meters from the top floor of the edifice, down the fume extraction shaft onto concrete onto the in-between floor. There was several factors which may hold prevented this loss of life which relate to hapless wellness and safety direction and several breaches in statute law.

After the autumn Mr Freitag was transferred to the intensive attention unit of Ninewells Hospital by the manager Mr Richard Pratt and Mr Beyger one of the employees of Discovery Homes ( Scotland ) who accompanied Mr Pratt as an translator for the nurses and physicians at Ninewells Hospital, Mr Freitag died on the 30th May 2008 at 13.00 hours. Mr Freitag ‘s decease was a consequence of prolonging multiple hurts caused by blunt force injury caused by the autumn.

Discovery Homes ( Scotland ) Ltd, the ( first respondents ) was Mr Freitag ‘s employers who breached legion counts of common and statutory jurisprudence. There were mulcts imposed ensuing from breaches in Health and Safety Legislation. The company Director Mr Richard Pratt was fined ?5,000 under subdivision 37 of the Health and Safety at Work etc Act 1974 ( HASAWA 1974 ) this portion of the Act trades with personal liability of managers. This is where an offense is committed by a corporate organic structure with the consent, collusion or disregard by any manager or senior officer of the corporate organic structure. In entire DHSL were fined ?40,000 for breaches in statute law.

This instance survey sets an illustration for CBG ‘s senior direction, that as persons with duties and duties sing the wellness, safety and public assistance of the employees of the administration, they are unfastened to prosecution for offenses under the HASAWA 1974.

Accidents occur every twenty-four hours. They can go on whether wellness and safety statute law is being followed or non. Although when the appropriate processs are being followed there ‘s more of a opportunity that accidents will non happen and as an employer you have a responsibility of attention which must be taken earnestly at all times. If your legal duties are non followed it could take to prosecution to both you and your administration which could badly damage your concern and repute.

3.0 Main Findingss

3.1 The Duty of Care

General Duties

There are many different people throughout an administration that have a duty and a responsibility of attention. Common and Statute Law, province that employers owe a responsibility of attention to each of their employees in so far as is moderately operable.

The employer besides owes a responsibility of attention to “ their neighbor ” who could be a individual or a edifice, anyone or any thing which may be affected by their Acts of the Apostless or skips from the class of their work or by the actions of their employees during the normal class of their employment ( vicarious liability ) . An illustration instance of vicarious liability is Poland V John Parr & A ; Sons, 1927.

Absolute responsibilities are where hazards to employees or ‘neighbours ‘ is inevitable and there is no defense mechanism by an employer if they ignore responsibilities to supply safety safeguards.

Contractors, bringing forces, clients ‘ care forces, immature people and intruders are some illustrations of individuals who can be classed as the employer ‘s neighbor, along with another ‘s belongings which may hold been damaged or affected.

Occupier ‘s liability topographic points duties on the resident being a landlord, proprietor or individual in control of the premises, with mention to an employer in this instance, responsible for their workplace, to supply a responsibility of attention as in the general responsibilities listed below.

Employers can non depute or contract out of their legal duties. General responsibilities are both common jurisprudence and statutory responsibilities.

Employer ‘s General Duties –

To supply safe works and safe systems of work to his employees or anyone who may be harmed by their concern and besides to guarantee that maker ‘s instructions are followed and any personal protective equipment needed is provided

To supply suited and sufficient information, direction, preparation and supervising to all employees on the undertakings they carry out

Ensure that the workplace is safe at all times including clear entree and emersion to the workplace

Supply a safe, clean and comfy working environment and public assistance installations for all staff

To develop all staff in the use, storage and disposal of risky substances and stuffs

To inform employees of any possible jeopardies from the undertakings they carry out or country they work

Have exigency programs in topographic point

Ensure that airing, temperature, lighting, and lavatory, rinsing and rest installations all meet wellness, safety and public assistance demands

To take safeguards against the hazards caused by flammable or explosive jeopardies, electrical equipment, noise and radiation

To avoid potentially unsafe work affecting manual handling and if it ca n’t be avoided, take safeguards to cut down the hazard of hurt

To describe certain accidents, hurts, diseases and unsafe happenings to either the Health and Safety Executive ( HSE ) or the local authorization, depending on the type of concern

For an employee or neighbour to claim carelessness ( Delict ) by an employer they must turn out the three chief factors Damnun Injuria Datum.

A responsibility of attention was owed by the employer and the incident took topographic point during the class of their employment

There was a breach of that responsibility and the incident was foreseeable and all sensible safeguards were non taken

Loss or harm was suffered including hurt and disease as a consequence of an employers breach of responsibility

The HASAWA 1974 besides places general responsibilities on others with respect to their wellness and safety. Sections 3-7 implies duties to the ego employed ( 3 ) , landlords, proprietors and those in control of premises ( 4 ) providers, interior decorators, importers and makers ( 6 ) and subdivision 7 are the responsibilities of employees to take duty for their ain wellness and safety and of their co-workers H & A ; S.

Employee responsibilities under subdivision 7 besides require employees to help and co operate with the employers, to carry through their legal H & A ; S duties.

Occupier ‘s General Duty –

To take attention in all fortunes so far as is moderately practical to any visitant who may come onto the premises for the intent which he was invited or permitted to be at that place

The resident must besides be cognizant that kids come ining their premises will be less careful than grownups therefore they must take excess safeguards

If an resident is cognizant that intruders are on his/her land and that those intruders may be at serious hazard, so that occupier would owe a responsibility to inform the intruders that they are in danger

Selwyn, N ( 1999/00 ) Law of Health and Safety at Work ( Page 348 )

The Consumer Protection Act provides a auxiliary inducement for concerns to guarantee that their merchandises provide the safety that people utilizing them or affected by them are moderately entitled to anticipate. To guarantee that the consumers are protected against merchandises that they are buying from the manufacturer, the manufacturer must guarantee –

To look into all phases of production ( design, industry, presentation and selling ) to assist guarantee that merely safe merchandises reach their clients

To look into whether there are any specific ordinances puting compulsory demands for the company ‘s merchandises: besides check whether there are any published or proposed safety criterions for its merchandises and to what extent they meet or could be made to run into the criterion

To see presenting quality confidence at each phase of the production procedure

To measure whether the company ‘s insurance screen is equal, including merchandise liability insurance. The sum of insurance screen obtained is a affair for commercial opinion, but the administration ‘s should seek advice from their ain insurance advisers

To reexamine any contractual agreements with providers, clients or others with whom the concern has relevant contracts ( a concern can non contract out of any liability under the Act, but might, for illustration, seek an insurance from others in the event of liability under the Act ) ;

decide whether the records kept by the concern are equal, bearing in head the working life of the merchandise, the 10 twelvemonth potency liability for merchandise liability claims, and the possible demand to place

providers of faulty merchandises to the concern in supporting a merchandise liability action ( peculiarly relevant for “ ain branders ” ) Many of these preventive steps form portion of quality systems such as those specified in BS EN ISO 9000 household of criterions.

hypertext transfer protocol: //www.berr.gov.uk/files/file22866.pdf

Employees Duty of Care

Every employee has a responsibility under subdivision 7 of the Health and Safety at Work Act etc 1974 –

To take attention for their ain wellness and safety and that of others who may be affected by their Acts of the Apostless or skips at work

To co-operate with the employer so far as is necessary to enable the employer or any other individual to follow with a responsibility or demand imposed by wellness and safety jurisprudence ( Section 7 ) .

Contractors Duty of Care

Every contractor has a legal duty to –

Co-operate with the chief contractor, as it is necessary to enable each of them to follow with the assorted statutory commissariats

Supply the chief contractor with any information in his ownership which might consequence the wellness and safety of any individual at work or any other individual effected by such work

To follow with any instructions given by the chief contractor including wellness and safety regulations

To guarantee that presentment of the undertaking given under subdivision 7 is displayed where it can be read by any individual at work on the site

To follow with any regulations applicable to him in the wellness and safety program

To supply the chief contractor with and information in relation to any decease, hurt, status or unsafe happening which the contractor is required to describe under RIDDOR 1995

Selwyn, N ( 1999/00 ) Law of Health and Safety at Work Page 274/275

Interior designers Duty of Care

The building design co-coordinators have a legal duty –

To give advice and aid to the clients to assist them follow with their responsibilities

The responsibility to name competent interior decorators and contractors

To guarantee that equal agreements are in topographic point for pull offing the undertakings

To inform the Health and Safety Executive of new undertakings ( any undertaking which is traveling to last more than 30 yearss and affect more than 500 individual working yearss i.e.50 individuals working more than 10 yearss

Co-ordinate the design work and any other readying for building where relevant to wellness and safety

Identify and garner the pre-construction information and rede the client if studies need be commissioned to make full important spreads

Manage the flow of wellness and safety information between clients, contractors and interior decorators

To rede the client on the suitableness of the initial building stage program and the agreements made to guarantee that the public assistance installations are at that place from the start

To make or update a suited and sufficient wellness and safety file for future usage at the terminal of the building stage

Selwyn, N ( 1999/00 ) Law of Health and Safety at Work PAGE 275

Importers, Manufacturer ‘s and Suppliers Duty of Care

Anyone who manufactures, imports or supplies any article for usage in the workplace must guarantee, so far as is moderately practical that the article is safe and sole of hazards to anyone working with or nearby and besides to guarantee it is used decently and it complies with all legal demands.

Any individual who erects or installs any article for usage at work or in any premises must guarantee that so far as is moderately practical that nil about the manner in which it is erected or installed makes it insecure or creates a hazard to wellness when decently used.

They must besides take such stairss as necessary to guarantee that all information is available with respects to the usage of substance at work, the hazard to wellness and safety associated with such substance, the conditions necessary to guarantee that the substance will be safe and without hazards to wellness when decently used and the processs to be followed in the instance of an accident affecting such substance.

Where a individual designs, industries, imports, sells or supplies an article or substance for or to another individual and that other individual undertakes in composing to take specified stairss sufficient to guarantee, every bit far as is moderately operable, that the article or substance will follow with all prescribed demands and will be safe and without hazards to wellness when decently used, the set abouting shall hold the consequence of alleviating the first-mentioned individual from the responsibility imposed upon him by this subdivision to such an extent as may be sensible holding respect to the footings of the project.

Selwyn, N ( 1999/00 ) Law of Health and Safety at Work Page 109

3.2 Specific Duties

A European Framework Directive on Health & A ; Safety gave rise to the Management of Health & A ; Safety at Work Regulations 1999 ( MHSAW ) which was later amended in 2003 to include ordinance 22, Civil Liability.

MHSAW 1999 provided more specific responsibilities owed by employers and employees, the ordinances reinforced and amended general responsibilities and some demands of the HSAWA 1974.

Duties specified are as follows:

Suitable and sufficient hazard appraisals ( Section ( 3 ) MHSAW 1999 )

Model for H & A ; S direction ( HSG 65 )

Employ competent individuals to help with conformity of H & A ; S responsibilities

Emergency processs developed

Provide H & A ; S information with respects to premises sharing

Premisess sharing- Employers to portion and carbon monoxide operate H & A ; S issues

H & A ; S preparation for employees

H & A ; S info to impermanent workers & A ; their bureau

Anticipant female parents and immature individuals protected from peculiar hazards

Health surveillance for employees working under certain conditions.

For farther information and counsel of employer and employee responsibilities refer to the ( Management of Health & A ; Safety at Work Regs. , 1999 ) .

There were responsibilities breached by DHSL in the instance survey. One of the chief responsibilities for an employer is to transport out hazard appraisals for activities undertaken by their employees peculiarly affecting high hazard activities.

DHSL were reported to hold a hapless wellness and safety model in the enquiry, which is a really of import characteristic for the successful wellness and safety direction.

The wellness and safety model known as the ( HSG 65 ) involves six different countries which should be given a high degree of consideration –

Policy authorship and puting aims for H & A ; S

Organizing control, co-operation, communicating and competence of direction ( known as the 4 C ‘s )

Planing & A ; Implementing workplace safeguards and hazard control systems ( RCS ‘s )

Measuring public presentation by active and reactive agencies on the effectivity of ( RCS ‘s ) and safeguards

Reviewing public presentation by larning from experience, bettering public presentation, developing your H & A ; S direction system and responding by bettering when needed

Auditing your direction system

3.3 Non Compliance Implications

As an employer failure to follow with statute law ( their general and specific responsibilities ) can ensue in condemnable and civil proceedings against the managing managers, employees, anyone stand foring the administration and the administration itself.

The pull offing manager of DHSL was fined a amount of ?5,000 and the administration itself was fined a farther ?40,000 for transgressing statute law.

The Health and Safety Executive ( HSE ) issued a prohibition notice after sing the site for farther unsafe conditions and there was a joint probe carried out by the HSE and the Police.

The result of breaches in wellness and safety statute law, peculiarly ensuing in serious hurt or human deaths of employees in the workplace can ensue in more significant costs than what was incurred in this case.

Failure to guarantee the wellness, safety and public assistance of your employees can hold diverse impacts –

Low morale- lower production & A ; procedure ( Uninsured )

High staff turnover

Ill wage costs ( Uninsured )

Costss for replacing employees ( developing PPE etc. ) ( Uninsured )

Advertising cost of enlisting to replace lost staff ( Uninsured )

Higher insurance premiums due to claims ( Uninsured )

Forced costs through betterment and prohibition notices ( Uninsured )

Poor concern repute – Loss of concern ( Uninsured )

Fines ( Uninsured )

Extra disposal costs

Accident probe Costss ( Uninsured )

This list is eternal and there is many more deductions and impact on your administration ensuing from hapless wellness and safety direction and failure to follow with wellness and safety statute law. Many of the deductions you will see from the list above, are NOT insured and your administration will hold to do payment to such extra costs from service budgets, impacting further on the possible non accomplishment of corporate aims.

Results from prosecution and civil claims could ensue in corporate hazards to CBG, by holding strong effects against their service bringing and failure to execute and accomplish.

3.4 Duties and Responsibilities HSE Inspectors

Health and Safety Inspectors work for both the HSE and local governments, they have assorted powers to help and implement conformity with wellness and safety ordinances. Inspectors should be consulted for counsel on any H & A ; S affairs and to help your administration on developing and keeping a positive H & A ; S civilization.

Below are responsibilities and duties of CBG ‘s wellness and safety inspectors –

Develop, proctor and reexamine the companies wellness and safety policy, processs and programmes

Assist direction in following with statute law and ordinances with the aim of guaranting that all sensible and proper steps are taken to protect the safety of employees, visitants, clients, immature individuals at work, intruders and members of the populace

Set up budget proposals for wellness and safety preparation and operation of the company

Increase wellness and safety consciousness throughout the administration and advance a positive wellness and safety civilization and ethos

Investigate and describe on all serious/critical personal hurt accidents happening to anyone within CBG whom they owe a responsibility to

Investigate and study on ailments of risky working conditions to the appropriate senior staff

Respond to employees safety concerns

Arrange for external bureaus to transport out reviews

Develop, reappraisal and update exigency program were necessary

Liaise with the exigency services ( fire section ) sing the administrations exigency processs

Carry out thorough scrutinies of the workplace when necessary

Assume other responsibilities as may be assigned

Powers of HSE Inspectors –

Enter premises with a constabulary Officer if necessary at any sensible clip

Order premises to be left undisturbed for scrutiny and probe

Destroy, take or render harmless any article or substance

Take exposures, samples, dismantle and take any substance or equipment

Necessitate the production of information and books ( accident books, hazard appraisals )

Initiate prosecutions and publish betterment & A ; prohibition notices

There was a prohibition notice issued after Mr Freitag ‘s decease, due to serious hazards to employees working on the building site. The prohibition notice was so removed by the HSE without transporting out an review of the site to guarantee it was safe for them to travel back to work, which was identified as being unacceptable by the enquiry.

The pull offing manager interfered with the grounds on the scene, by puting a barrier at the country where Mr Freitag fell ( down the extraction shaft ) . The effects of this action could hold resulted in condemnable prosecution of the manager.

3.5 Breachs of Legislation

As mentioned antecedently DHSL breached several ordinances for which the received entire mulcts of ?40,000. The breaches included Section ( 2 ) 4 of the Health and Safety at Work etc Act 1974, for failure to supply a safe topographic point of work for their employees.

The company Director, Mr Richard Pratt received a mulct of ?5,000 for transgressing Section 37 of the HASAWA 1974, Personal liability of Directors for consent or convenience contributing to pretermit ensuing in injury or loss was besides breached.

hypertext transfer protocol: //www.hse.gov.uk/press/2009/coisco12009.htm

City Building ( Glasgow ) LLP

City Building has specific responsibilities for each and every employee but their legal duty with respects to building work being carried out is –

To guarantee any building work carried out by City Building ( Glasgow ) LLP is done without hazards to the wellness and safety of its employees and others

Directors involved in building work will guarantee that such work is planned in conformity with all relevant criterions or statutory commissariats

To guarantee that employees are provided with the necessary information associating to any hazards originating out of the work

To guarantee all of the preventive and protective steps have been taken

City Building ( Glasgow ) LLP Health, Safety & A ; Welfare Policy ( May ’07 )

3.6 Potential Breachs

Here you will happen more ordinances which were breached by Discovery Homes Scotland Limited and what we ‘City Building ( Glasgow ) LLP ‘ ( CBG ) have in topographic point to guarantee we are on the right side of the jurisprudence –

Under Section 2 ( 1 ) of the Health and Safety at Work etc Act 1974 CBG ensures that all of their employees have a safe and clean working environment and public assistance installations, works and safe systems of work, safe entree and emersion to their workplace, supply information direction preparation and supervising, safe use, storage, transporting and disposal of risky substances.

Section 37 ( 1 ) of the Health and Safety at Work etc Act 1974 and The Construction ( Design and Management ) Regulations 2007 CBG have a competent individual to transport out such responsibilities under these ordinances.

The Construction ( Health, Safety & A ; Welfare ) Regulations 1996, CBG guarantee that all forces are safe whilst transporting out their responsibilities at work and have no sick wellness whilst making so and they must besides supply adequate public assistance installations for all employees.


CBG take whatever stairss needed as to forestall individuals from falling at work.

The term “ working platform ” means any platform used as a topographic point of work or as agencies for entree to ( or egress from ) that topographic point.

Chandler, P ( 1997 ) an A-Z of Health and Safety Law ( Second Edition ) Page 128

CBG guarantee that the “ The Construction ( ifting Operations ) Regulations 1961 ” are followed by transporting out careful reviews on and mechanical/lifting equipment usage by their employees and supplying information direction preparation supervising and personal and protective equipment where needed.

CBG take The Management of Health and Safety at Work Regulations 1992 really earnestly, with respects to put on the line appraisal they have a competent individual carry out hazard appraisals of the hazards to the wellness and safety of his employees to which they are exposed whilst they are at work.

CBG follow The Personal Protective Equipment Regulations 1992 which requires employers to measure the PPE before usage to guarantee it is suited for the undertaking, to maintain PPE maintained and stored decently besides provide information, direction, developing on PPE and supervising where needed to guarantee it is acquiring used decently.

City Building ( Glasgow ) LLP follow ordinance 3 of the Management of Health and Safety at Work Regulations 1992 which imposes a responsibility on every employer to do a “ suited and sufficient hazard appraisal ” of the hazards to which he/she or any of their employees are exposed to whilst at their work and of any hazards to members of the populace ( clients, visitants, invitees, clients or passerbies ) who could be effected by the manner he/she conducts their concern.

4.0 Decision

Overall this study should give direction an penetration of what could travel incorrect if they fail to follow with wellness and safety statute law, and how easy it is for something to travel incorrect. They should besides hold a better indicant of the impact a fatal incidents could hold on the person ‘s household, colleagues of the death and non to advert the monolithic impacts it could hold on their administration.

City Building ( Glasgow ) LLP have a good wellness and safety civilization and ethos there are ever ways in which to continually better and develop our repute and keep a positive H & A ; S civilization.

Any concerns which CBG ‘s employees have they can either raise with their directors, CBG ‘s wellness and safety subdivision or their wellness and safety representative. CBG guarantee that any wellness and safety issues are resolved every bit shortly as possible. They comply with all relevant wellness and safety statute law which allows their employees to come to work safely and acquire place to their loved 1s safely, and long may this continue.

Detailss within the study express the jobs encountered and deductions faced by any administration as a consequence of an accident or hurt sustained by an employee or a ‘neighbour ‘ as a consequence of breaches of H & A ; S common and statutory jurisprudence.

5.0 Recommendations

From the inside informations in this study and from the findings in the fatal accident enquiry it is clear that there were many parts to the tragic loss of Mr Feitag ‘s life which could hold been avoided, and the agony it caused his household. For an employee at work to lose their life, irrespective of the type of work and hazard factors involved, is extremely unacceptable.

The responsibility of attention to employees and our neighbors is non merely a statutory responsibility that should be complied with it is besides a common responsibility we owe to everyone.

The consequences for neglecting to follow with statute law will ensue in public and or private prosecution and civil action against us, jointly as an administration or as persons, being held accountable for culpa or delict.

From this study and the enquiry findings it ‘s obvious the demand for a proactive attack is really of import with senior directors down to employees on the store floor taking wellness and safety duties really earnestly.

A positive wellness and safety civilization will merely work with inclusion of all employees through audience and integrating in wellness and safety determination devising and consciousness. A model for wellness and safety as suggested in the direction of wellness and safety ordinances will greatly help in positive civilization edifice within your administration. City Building should go on with their successful system. You should guarantee to go on with preparation of employees, transporting out toolbox negotiations and ever have up-to-date hazard appraisals available and an thought is to maintain employees involved with wellness and safety.


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