Workplace, Health and Safety - Coursework Example

Using words and necessary diagrams and referring to the: a) general duties of employers and employees (ss. 2 – 7) b) potential criminal liabilityof employers and employees (s. 33) c) Health & Safety Commission and the Health & Safety Executive explain the main purposes of the Health and Safety at Work Etc. Act 1974. The Health and Safety at Work etc. Act demarcates the level of responsibilities and liabilities of people involved in enforcing health and safety regulations in workplaces. Section 2 of the said Act makes it clear that it is the employer’s duty to look after the safety and health concerns of the employees. The machinery and equipment being used for work must be well maintained and dangerous substances should not be used or should be used appropriately. The employer has to educate, inform and train the employees to deal with risks that they face on a daily basis. The particular health and safety policy of a workplace must be documented by the employer and should be provided to the employees. The trade union of the employees has the right to nominate its own safety representatives. The employer must under all conditions consult the safety representatives of the trade union before formulating and enforcing health and safety policies. Employers as well as self employed individuals are also required to ensure the health and safety of non employees who work or visit the site as per Section 3. The non employee status individuals must be informed, educated and if required trained to deal with various risks on site. In case that dangers are present on a work site that the lay man cannot understand, the access to the site is limited as per Section 4. Again the site owner or the management of the premises have a duty to ensure the health and safety of the individuals accessing the site for any purpose. In order to guarantee the health and safety of all and sundry the Act provides to limit emissions as per Section 5. Other than this, any tools, equipment or substances being used on site must be made safe before use as per Section 6. If it is not possible to make these objects safe then it is the employer’s responsibility to inform, educate and train the people using these articles. These individuals could be employees as well as non employees. The manufacturer of these articles must also ensure that the risks posed by these items is reduced to whatever extent possible. The employee also has certain duties to ensure the health and safety at the workplace under Section 7. The employee must conform to all instructions provided by the employer in order to ensure his own safety and the safety of other people around him. In addition any instructions issued by a statutory body applicable to health and safety must also be accounted for. Obstruction or impeding the duties outlined in sections 2 to 7 of the subject Act leaves one susceptible to prosecution under law as a criminal as per Section 33. When the Act was enforced in the mid seventies, it created two bodies namely the Health and Safety Commission as well as the Health and Safety Executive. These bodies were coalesced in 2008 and are now known as the Health and Safety Executive. This new body has the responsibility to enforce the Act. 2) Using words and necessary diagrams and referring to: a) negligence b) employers’ liability c) occupiers liability d) breach of statutory duty explain the basis of the English system of fault-based civil liability for accidents at work. The English common law system provides that negligence arises from carelessness and not from an intentional act. Negligence may be prosecuted under law or it may be forgiven depending on the circumstances and on relevant case law. Typically in the case of health and safety regulations any violations in Sections 2 to 8 of the Act are treated as punishable offences whether intended or based on negligence. The duties of employers and occupiers are nearly the same except for informing, educating and training the people employed by them whether directly or indirectly. In case that an employer or an occupier fail to enforce the required health and safety regulations then they are deemed to criminal prosecution under Section 33. Similarly if an employee is found to be in breach of duty then he or she would be subject to criminal prosecution. The breach of duty may or may not be intentional. Depending on the outcomes of the breach of duty the employee may be punished under relevant law. 3) a) Complete the bandsaw risk assessment above. b) Justify whether, in the light of this accident, the risk assessment should be amended or added to. Hazard Impact Impact score Safety measures Probability Risk Bumping into protruding part of saw (e.g. feed tray or table) bruising 1 Yellow floor lines; Rounded corners (design feature) 4 4 (As above) deep bruising 2 (As above) 3 6 Feed error: danger of non-normal feed leading to sudden violent movement of work in process bruising 1 Operator training: predicting difficulty, avoiding harmful consequence 4 4 (As above) deep bruising, sprain 2 Operator training: rapid machine isolation 3 6 Body part (usually hand or finger) comes into contact with static blade on cleaning or retooling. minor cut 1 Effective on-site first aid 4 4 (As above) more or less serious cut 2.5 Training. Strict adherence to prescribed work system for cleaning, retooling, etc. 2 5 Body part comes into contact with moving blade serious cut, vascular damage, amputation of fingers 3 Blade encased in guard, exposing minimal cutting length of cutting edge 2 6 (As above) very serious cut, arterial damage, amputation of hand or arm 4 Blade encased in guard, exposing minimal cutting length of cutting edge 1 4 The current risk assessment is provided completed above. This risk assessment needs to be amended in order to make it more reflective of risks on ground. This is particularly true for the case of amputation where the threshold is not enough to trigger any action. The best possible method to go forward is to lower the threshold to 3 in order to accommodate the more problematic areas. The issues with a greater frequency need not be the only issues addressed. The use of a spade is not as good a solution as the use of a guard on the bandsaw. 4) Write out a simple explanation, using words and diagrams as necessary to explain for Terry Victory’s potential liability for Mark’s accident. In the current circumstances, Terry Victory is partially responsible for the accident of Mark while Mark bears the rest of the responsibility. Terry ought to have had a better risk assessment and thus better action to resolve the action items such as the installation of guards on saws and other moving blades. On the other hand, Mark’s lax attitude, his haste and omissions on his part triggered the accident and he should be held liable for these issues. Read More