Health and Safety Legislation in the UK - Coursework Example

Health and Safety Legislation Health refers to a when one is free from injury or illness (Croft p. 3). According a health statistics report, a country economy depends on a health nation. A healthy nation implies a working population, whereas a working population means a good economy to a country. When many people in a country fall sick, implies that a lot of time is being wasted on treating them instead of focusing on economic growth (Croft 2011, p. 3). In the U.K, a number of health issues exists pertaining to work places injury or diseases acquired due to the nature of work which one does. It is always important for one to be always insured when working in a company that poses risk to one’s health. In the UK alone, thousands of cases filed in regard to health related injuries are usually filed every year demanding compensation due to damages caused to a worker after getting injured at the place of work (Davies 2012, p. 23). In order for companies to avoid such situation, they have devised means into which they can protect their workers and the rest from health hazards. This implies the introduction and strict adherence to safety regulations. Every company which pose a risk to the workers usually has a set of strict regulations which the workers have to adhere to, for instance, wearing of helmets when in an Engineering company (Davies 2012, p.67). In Great Britain, law regarding health and safety is always under the Local authorities (Las) and the HSE (Health and Safety Executive). This two regulate the health and safety policies of various work places and activities (Dennis 2011, p. 67). Without getting approval from the two in regard to one’s health and safety measures, then one can risk closure of business as they may be rendered as posing threat or endangering the lives of workers. These two keep business regulated through ensuring that its workers are well protected from hazards (Dennis 2011, p. 89). In as much as different businesses have different health and safety issues, it the role of these two to ensure that they are verified and approved on health and safety matters before commencing operation. HSE has hence contributed enormously towards creating a health nation minus minimal risks of injury in various companies and institutions (Dennis 2011, p. 89). The following are hence major strategic drivers that have always been equivocal in the regulating health and safety in UK. Health and Safety Executive (HSE) In the UK, HSE is one of the legislations that has been equivocal in shaping the face of health and safety throughout UK. The body is usually concerned with policy and operational matters concerning occupational health and safety in UK. HSE is a UK body (Joan 2008, p. 56). The body was formed when a research indicted the losses made in the workforce area when injury occurred was too much and its slugged productivity (Joan 2008, p. 60). Basically, by the help of the Health and Safety Commission which is a body that had responsibility over safety and health matters in UK (Joan 2008, p. 75). The HSC has a leading role in ensuring that work related stress caused by injuries is kept at minimal levels and does so through regulating safety and health policies of various businesses so as to avoid occupational related injuries (Joan 2008, p. 80). HSE has an approach based standard on which it establishes measures which are used to measure health and safety, then clearly define terms on how to be regulated. In addition, it always provides employers a chance to monitor the performance of the concerned business in relation to the safety and health standards set (Joan 2008, p. 82). Any business likely not to follow the set health and safety standards is always reported and action taken against them. The HSE ensures that in the case of accidents, its members have a response team to the site at any time of the event (Joan 2008, p. 84). HSE usually acts as an independent body and conducts various investigations when incidences of injuries to workers occur. Companies will always defend themselves in case of injuries and claim it to the workers fault, but it is upon the role of HSE to investigate if health and safety policies were violated that led to the incident (Joan 2008, p. 88). In addition, sometimes it might collaborate with other investigative bodies to confirm the cause of the incident if it had any link to breach of health and safety. HSE has the mandate of prosecuting businesses which have violated the health and safety policy. In UK, HSE has always stool as a major driver in regulation of health and safety policies (Muge 2004, p. 45). Without such a regulation body, some businesses opt to disobey such standards, and place their workers at risk, for instance, an engineering company that has not provided helmets and protective gears to its workers is placing them at great risk of injuries related to work (Joan 2008, p. 56). Therefore, HSE usually plays a role through interpreting the legislations in regard to health and safety to workers in a given business, provide guidance, change and reform any health and safety practices (Muge 2004, p. 55). They believe that workers who are enlightened about the health and safety laws are keener in what happens around their work areas that goes astray to what is expected of their business. HSE also controls action, plus provides the best possible means that provide work security to workers by ensuring they are safe from work related injuries (Muge 2004, p. 78). European Union Ever since the formation of the European Union, it has always been equivocal as a major driver in regulating health and safety in UK. The EU started gaining importance in this area after EU legalized workers to freely move in the single market in search of employment in 1986 Act (Phil 2011, p. 67). Since then, cases of health and safety acts became a concern as immigrants to other countries started working under unhealthy conditions. As the policy was implemented, some companies took the advantage of employing immigrants since they were paid cheaply, did not have insurance for fear of deportation and also could not report such companies to the regulatory bodies too for fear of getting fired (Phil 2011, p. 56). It is after this that incidences of health and safety arose and that is why EU took a stand to also regulate health and safety policies in EU countries (Phil 2011, p. 89). EU has been having increasing influence in the regulation of health and Safety in the region, something which has been beneficial to workers in a number of ways (Bercusson 2009, p.34). The legislations provided by EU has helped businesses in knowing what the standards which they should keep in regard to health and safety so as not to be on the wrong side of the European Union body (Bercusson 2009, p.78). In businesses where EU directives get implemented, such businesses have found opportunity in always implementing other safety measures hence saving them on millions of dollars which they could have lost on settling work related injuries (Bercusson 2009, p.99). In addition, EU regulations provide a standard into which businesses should adhere to in case they want to operate in the region. Throughout the years which it has been in operation, quite a lot has changed as it has enabled various businesses to comes to terms and appreciate the role of health and safety policies (Bercusson 2009, p.34). Trade Union Congress Trade Union Congress (TUC) is formed by a collection of various over 69 trade unions that operate in Europe (Croft 2011, p. 25). In each country, the congress has representative trade union members, whose major role is to air the grievances of the workers to the European Union or the respective countries. Trade Union Congress hence serves as a watchdog in relation to matters concerning the rights of the workers (Croft 2011, p. 33). Throughout time, it is the work of trade unions and lobbyists that have enabled governments to find out issues affecting the workers (Croft 2011, p. 88). Most workers are registered or follow closely some of these trade unions and report any irregularities seen in their companies. It is hence the trade unions that will go equivocal demanding for the rights of the given workers (Phil 2011, p. 55). Trade union congress hence forms a strong coalition which has impacted the various legislations in regard to workers (Phil 2011, p. 12). Trade unions are demanding in the sense that they can call for collaboration action from workers to down their tools in case the government fails to meet their demands, something which usually paralyzes various businesses making them comply. Trade unions have been also equivocal in bringing change in the health and safety area. Workers who work in hazardous places are required by their trade unions to report to them directly (Phil 2011, p. 78). These trade unions then conduct investigations before blowing the matter to the public. It is sometimes due to embarrassment that such companies decide to change their health and safety policies since they may lose their clients and suppliers due to poor publicity (Phil 2011, p. 127). In case this fails, the trade union congress can lobby the policy changed by the government enforcers on the given business. They can notify the government of such a breach in safety and health regulations, then it will be up to the government to protect its citizens from further issues (Bercusson 2009, p.34). In case this fails, the trade unions have the ability to lobby the European union into enforcing measures on the given business or forcing the given government to enforce measures that will cause change in the given company. All in all, trade unions represent the plight of workers in the regions and would do all it takes to protect their workers (Bercusson 2009, p.364). Trade union Congress has a lot of unions under it which play very important roles of safeguarding human rights of workers working in various businesses. Take for instance, workers who work in mines, yet they are not provided with face masks (Bercusson 2009, p.89). When such workers complain to the trade union, the given trade union will go public and air their views so that all people know what is happening in the given mine (Joan 2008, p. 56). Then if no action is taken abruptly, they can lobby the miners to go on strike so as to have the rules and regulations pertaining health and safety revised. In conclusion, health and safety regulations in businesses in a big issue in UK. Over the past years, the number of workers who get injured in their working conditions have reduced significantly (Croft 2011, p. 34). UK has also recorded a tremendous increased in health and safety standards across various businesses in the region. It is through the drivers of health and safety policy like: Health and Safety Executive, Trade Union Congress and European unions that a lot has changed (Croft 2011, p. 35). Workers have been able to work in conducive environments hence enhancing productivity. In addition, the number of sick workers in the past few years has dropped drastically by over 8 % owing to the drivers of the health and safety policies (Croft 2011, p. 80). Bibliography Bercusson, B., 2009, European Labour Law. Cambridge: Cambridge University Press. Croft, A., 2011, Health and Safety, Premises and Environment Handbook 2012. London: Kogan Page Publishers. Davies, A., 2012, Workplace Law Handbook 2011 - Health and Safety, Premises and Environment Handbook. New York: Workplace Law Group. Dennis, P., 2011, Introduction to Health and Safety at Work: The Handbook for the Nebosh National General Certificate. London: Elsevier. (Dennis 2011, p. 67) Joan Lewis, G. T., 2008, Employment Law and Occupational Health: A Practical Handbook. London: John Wiley & Sons. Muge, S., 2004, Health and Safety Law for the Construction Industry. London: Thomas Telford. Phil Hughes, E. F., 2011, Introduction to Health and Safety at Work: The Handbook for the Nebosh National General Certificate. London: Elsevier. (Phil 2011, p. 12) Phil Hughes, E. F., 2012, Introduction to Health and Safety in Construction. London: Routledge. Read More