Current Health and Safety Issues in the UK - Assignment Example

Current Health and Safety Issues of Introduction The UK’s construction industry is a booming industry whose prospects are driven by the tremendous population growth that raises the demand for various constructions such as buildings that house business premises and residential areas. However, there is a huge risk that is ascribed to the construction industry as espoused by the numerous injuries and deaths of the workers ascribed to the industry. For instance, the construction industry was believed to have had the poorest safety records when compared to other sectors that are ascribed to the United Kingdom economy. For example, statistics indicates that in the 2002-03 periods, 71 of the 226 workers that were fatally injured during the course of their jobs in the UK were construction workers (Akintoye et al., 2000). The figure represents an astonishing 31 percent that is the highest proportion of all the sectors of the UK economy. Other than the fatal injuries reported, a myriad of other minor injuries were reported by more than 4780, which is over three times higher than the average reported by other sectors of the economy. Even though the incidental risks are still high, all signs indicate that there are significant improvements in the industry particularly in the conditions at the site of the construction. The positive signs are backed by the report undertaken by Lord Youngs for the government that espouses the issues related to the health and safety of the construction industry. The report published on 20th of October 2010 asserts that the working conditions in the construction sites have been on a radicle improvement when the last 20 years are taken into consideration. For instance, these improved working conditions have resulted in over 5 percent reduction in the numbers of the reported injuries and deaths in the construction industry since 2001 (Hale et al., 2012). Despite the significant improvements in the conditions of the construction sites, the raging debate has always focused on who should shoulder the responsibility for the health and safety in the construction industry. The paper critically appraises and evaluates three statements that aim at establishing where such responsibility should lie. The critical appraisal of each statement is aided by the information that is construed from the Acts of Parliament of the UK and other health and safety regulations in the UK that are deemed appropriate for each case. The first quote to illustrate is the National Audit Office (NAO) report that is entitled Improving Health and Safety in the Construction Industry. The report by the independent parliamentary body states that under the health and safety legislation, the people and organizations whose actions or failure to take action create risk are responsible for controlling and managing that risk by the law NOA (2004). The report that was presented by Sir John Bourn on 12th may 2004 had significant observations cutting across the construction industry of the UK. However, of concern to the paper is the areas that the NAO apportions the blame and responsibility of shouldering the weight of both the fatal and the minor injuries in the construction industry. The independent parliamentary body report identifies numerous the construction industry and the various government bodies for the lack injuries. According to the National Audit Office, the responsibility starts from the Health and Safety Executive (HSE), a regulator that must put more efforts to improve the health and the safety of the workers that are ascribed to the construction industry. Other stakeholders in the industry such as those that create the risks have a legal bound duty and obligation to ensure that they manage and control the risks in the industry. The rationale for making the stakeholders in the construction industry of the UK shoulders the fatalities from their works is a right and just way of not only limiting the fatalities but for ensuring that enough is done to deter the same. It has often been proven that both private and public bodies that engage in the construction industries sponsor projects that focus too much attention on the way that they will lower the prices to pass a tender evaluation process. The attention to the prices often disregards the whole life cost issues, which could be appropriate for ensuring that the safety and health standards are maintained. A focus on the whole life cost could have been critical as it would ensure that the construction workers and even those that occupy the completed buildings are taken into account in terms of their safety and their health requirements. Their failure to observe the costs implies that the apportionment of responsibility to those that are responsible for the creation of the risks is the right and just and right thing to do. The designers of the various projects to be constructed are often found to be on the receiving end when they are accused of creating the risk to the construction workers. It has been proven that many designers often lack the knowledge of their responsibilities that falls under construction, and that can be construed from the Construction, Design, and Management Regulations. The regulations are currently contained in the Health and Regulation Act of 2012. With the lack of the knowledge of their responsibilities, the designers often erroneously belief that there lacks a duty on their part to ensure that the health and safety of the construction workers are taken into consideration. It shows that they are should be responsible for their negligence and perceived ignorance when they create the risks. The second quote to illustrate the shouldering of responsibility is the Donaghy report to the Secretary of State for Work and Pensions. The report entitled One Death is Too Many asserts that there should be positive duties on the directors ascribed to a firm that undertakes the construction responsibilities. The positive duty will ensure good health and safety management are enhanced through a framework that promotes planning, delivering, monitoring and reviewing Department of Work and Pensions (2009). The statement above construed from the report is cognizant to the assertions of the NAO report and alludes to the findings as to who should shoulder the responsibility for the risks that are incidental to the construction industry. It alludes to the fact that the management team must work in such a manner that will create sort of a partnership with all members that are ascribed to the health and supply chain. The partnership will ensure that the personnel that are threatened by their exposure to risks are factored in when the directors make decisions that relate to the construction. The directors will always ensure that all matters related to the health and safety of the construction workers and even the persons who will use the fully constructed projects is taken into consideration. The directors must ensure that the health and safety take the center stage in the planning, delivering and the later stages of monitoring and reviewing. In many facets of life, it is widely agreed that the steps that are often taken to prevent a certain occurrence are critical, as the steps will result in many benefits at the end. For instance, a careful plan that outlines the necessary preventive measures will be beneficial to the stakeholders in the construction industry as it will result in cost savings and time. The above benefits are nothing when compared tom the numerous lives that will be solved from the dire and fatal construction related injuries. A critical appraisal analysis establishes that the above statement is the best as it minimizes the chances of the occurrence of the risk. Safety and precautionary measures often make sense, and that alludes to the mantra that safety pays that are often used in a myriad of life areas. By recognizing that a single death is far too many, a clear line is drawn by the author of the article and thus ensures that all concerted efforts are concentrated on the saving of the precious life of a human being. The CDM (2007) requirements and regulations for the enhancement of the safety in the construction industry provides a framework that must guide the directors as they factor the safety and health aspects in construction. The recommendations in the report adopted by NOA (2004) suggests the critical role that the directors of both a public and a private organization participating in the construction industry in the UK. For instance, the report asserts that the responsibility of bearing the risk squarely lies on those entities that create the risk. The construction workers rarely create the risks even though they do end up as victims when circumstances change for the worst. The best way that these organizations can prevent battling legal contests and the financial lose that they may incur in case the suits are successful is by instituting appropriate preventive measures. The last statement quoted is by Philip White, HSEs Chief Inspector for Construction, who asserts that the employers should be responsible for accounting for the health and safety risks faced by their employees. He further asserts that the employers must also educate the employees about the risks that are incidental to the construction industry CIOB Contract, July/August 2010, page 44. The employers have a duty of ensuring that a conducive working environment is created for the employees. The provision of the conducive environment ensures that the plights of all the employees are taken into account and as such forms a priority. The acknowledgment of that responsibility should be clearly stipulated in the employment contract at the first instance when the employees join an organization that is ascribed to the construction industry. When the employees solely take the responsibility of factoring the safety and healthy aspects of the employees when a decision is made. While the statement appears to lay the responsibility on the employers side solely, a critic would be that it denies the employees their part in the enhancement of their safety and health. The critic will be based on the fact that the issue of safety and health requires a multi-pronged approach by all the various stakeholders ascribed to the construction industry. However, the statement alludes to the facts espoused by the earlier statements that puts the responsibility on the shoulders of the directors and those who create the risks in the industry NOA (2004). There are numerous case law examples that illustrate the breach of the health and safety regulations in construction industry supply chain members. The cases illustrate the duties and the responsibilities that are charged to the various members. For instance the issue of contributory negligence has dominated the courts system where the employers try as much as possible to avoid the legal obligation and duties that are ascribed to the injury whether minor or faulty. A good case to illustrate is that of Dodwell vs. Tarmac Ltd. In the case, the plaintiff sustained injuries from a large sleeper grab with witness accounts suggesting that the defendant did not undertake necessary steps to either train or warn the employees on the dangers associated with using the grabber. The judge ruled that the employers were at fault for the failure to provide adequate training to the employees. The actions of the employee were adjudged to be inadvertence rather than the negligence that Tarmac sought to prove. Conclusion The statements all point to the fact that there must be concerted efforts to reduce the unprecedented high rates of both fatal and minor injuries that workers in the construction industries encounter on a the course of their work. With all the recommendations that the three studies propose, the high prevalence of the risks in the construction industry would be reduced. References Akintoye, A., McIntosh, G., & Fitzgerald, E. 2000. A survey of supply chain collaboration and management in the UK construction industry. European Journal of Purchasing & Supply Management, 6(3), 159-168. Donaghy, R. 2009. One death is too many: an inquiry into the underlying causes of construction fatal accidents, Rita Donaghys report to the Secretary of State for Work and Pensions. DERECHO INTERNACIONAL. Hale, A., Walker, D., Walters, N., & Bolt, H. 2012. Developing the understanding of underlying causes of construction fatal accidents. Safety Science, 50(10), 2020-2027. Langford, D., Rowlinson, S., & Sawacha, E. 2000. Safety behavior and safety management: its influence on the attitudes of workers in the UK construction industry. Engineering Construction and Architectural Management, 7(2), 133-140. NAO. 2004. Improving Health and Safety in the Construction Industry. Retrieved April 28, 2015, from http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CDQQFjAA&url=http://www.nao.org.uk/report/health-and-safety-executive-improving-health-and-safety-in-the-construction-industry/&ei=yHE_VaH1DMW3UefQgOAL&usg=AFQj CIOB. 2010, August 11. Code of Practice for Project Management for Construction and Development. Retrieved April 28, 2015, from Http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAA&url=http://www.ciob.org/media-centre/news/ciob-launches-5th-edition-code-practice-project-management-construction-and&ei=HXM_VcyoIsuAUdivgJAL&usg=AFQjC Read More