Observing Health and Safety - Assignment Example

Health, Safety and First Tasks Submitted By: Submitted] Task A. The Law and Company Observing Health and Safety practices in the workplace is common in working environments today as a result of social upheavals during the Industrial Revolution. In the United Kingdom, the legislation that applies is the Health and Safety at Work Act 1974 that lays out the rules for the need to secure the health, safety and welfare of persons at work and protecting persons other than persons at work against risks to health or safety arising out of or in connection with the activities of persons at work. We are to determine whether the Dirt & Grime Co Ltd has fallen short in meeting the requirements of the law. According to the section General duties of employers to their employees, every employer has the duty to ensure the health, safety and welfare at work of all his employees in so far as it is practicable. The last statement is italicized because it will be the crucial point of debate. According to the Act, this duty extends without prejudice to the generality of an employer's duty and includes the following: the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees; so far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks; The provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work. prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees. The company had the initiative to institute ways to ensure that the employees are protected from the hazardous materials that the company is using for its manufacturing process by providing the necessary mechanism to punish those who will fail to comply. However, due to the complaints received from the employees, they relaxed the mechanism in the belief that the safety measures were a hindrance to productivity. Under the law, employers must ensure that the working environment is safe in so far as is reasonably practicable. We therefore ask what constitutes practicability. Was it impracticable because it lowered productivity and generated complaints The point is that the measures were practicable primarily because it was relatively easy to employ and make use of and such complaints as rashes and blurring of vision are temporary and psychological at the least. It is quite illogical to say that the use of goggles was impracticable when in fact most employees of companies who handle corrosive chemicals are wearing one. Under this circumstance, we find that the company has fallen short of its duties because they failed to enforce the measures which were practicable by not employing the dismissal of any defaulters. Also, the company is at fault because it did not provide enough information on where the equipment was to be located. B. The Law and the Employees In the observance of health and safety measure, it is not the employer alone who is given the responsibility but also the employee. Under the 1974 Act, it shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work and to co-operate with him so far as is necessary to enable that any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions. The employees of Dirt & Grime CO Ltd were uncooperative so to speak. They knew that the materials they were handling posed a threat to their safety but they complained that the use of safety equipment were giving them skin rashes and blurred visions thereby impairing them. That is to say, they failed to take reasonable care of their persons and are actually guilty of not ensuring the safety of other persons who are affected by his work. C. Other Measures In so far as the company is concerned, they could have strictly enforced the safety measures and dismissed the defaulters. They knew that their safety record was poor but they were rather reluctant to strictly enforce the solutions they perceived as the answers. Thus, it all starts with having the conviction to employ such measures. In the Act of 1974, there is the mechanism by which the company can request the trade union to which their employees belong to also request the Secretary of State (as he is the only one authorized) for the appointment of safety representatives from amongst the employees. Those employees will take part in consultations with the employers with regards to the safety measures. This way, the company can gain a better knowledge of what measures are to be implemented and how they could be best implemented. Having someone from their ranks can also make the employees more cooperative. I mentioned that the Act requires employers to notify their employees of the safety measures. The Act also calls for any person who manufactures, imports or supplies any substance for use at work to ensure, so far as is reasonably practicable, that the substance is safe and without risks to health when properly used and to carry out testing and examination for the determination of any health and safety risks. Adequate information must also be provided about the tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that it will be safe and without risks to health when properly used. What the company can do is to publish full information on the safety measures they are employing and to also publish the hazards associated with each type of chemical they are using. This way, the employee knows what he is dealing with and is aware of the repercussions of mishandling the material or failing to comply with safety requirements. The problem with employees is that they think that the equipments are already safe and their handling experience is sufficient to make the probability of accidents very small. However, accidents can do happen and it is best to be prepared rather than getting caught flat-footed. With a sign showing how he can get blind when the chemicals gets into the eyes, the employee would think twice before removing those goggles. Task 2 The copy of the organization's Health and Safety Policy Statement is attached at the back. To become more organized, I will be answering the questions one by one. They are as follows: 1) Does the statement express a commitment to Health and Safety and are your obligations towards your employees made clear The company's commitment is expressed in the first article of the statement wherein the Company's intends to provide a safe and healthy working environment that complies not only with Health & Safety at Work Act 1974 but also with the Management of Health & Safety at Work Regulations 1999 and all other relevant associated legislation. The obligation to the employees is recognized in the principle that working safely and contributing to safety improvements is a condition of employment found in Article 2. 2) Does it say which senior officer is responsible for seeing that it is implemented and for keeping it under review, and how this will be done In the statement, the responsibility falls upon the Executive Board and upon all personnel working within the Company. It also specifies the existence of a Safety Strategy Team which will ensure that the Directors, Managers and the various Health & Safety Teams will fulfill the commitment which includes, among others, pursuing a goal of zero injuries. 3) Is it signed and dated by a senior director The document that I got hold of was dated in the year of 2002 but there was no signature of the director. I was informed that the original document kept is fully signed and sealed. 4) Have the views of managers and supervisors, safety representatives and members of the safety committee been taken into account The statement expresses the involvement of managers and supervisors and the safety committee. Although there is no mention of safety representatives, one can assume that they are already included in the various health and safety teams. 5) Were the duties set out in the statement discussed with the people concerned in advance and accepted by them and do they understand how their performance is to be assessed and what resources they have at their disposal I was informed that the discussions were already conducted and that any changes are agreed upon in a meeting. There is a monthly drill conducted after which a short lecture regarding health and safety measures are given. These lectures are rather informative as it specifies the role and responsibility of each person. 6) Does the statement make clear that cooperation on the part of all employees is vital to the success of your Health and Safety Policy Under Article 2, the company recognizes that training employees to work safely is essential and that the responsibility not only falls on the shoulders of the director but also on all the personnel. This recognizes the importance of the cooperation of the employees. 7) Does it say how employees are to be involved in Health and Safety matters, for example by being consulted, by taking part in inspections and by sitting on a safety committee In Article 5 of the statement, it is states that the Company will seek to engage and involve all employees in creating and maintaining a safe working environment. There is no specified way of engaging the employees but I have one co-employee who has a seat in the safety committee. 8) Does it show clearly show the duties for Health and Safety are allocated and are the responsibilities at different levels described The statement does not expressly state the hierarchy of responsibilities. It only tells the reader who has the over-all responsibility and that is the Executive Board through the Safety Strategy Team. 9) Does it say who is responsible on matters such as reporting investigations and recording accidents, fire precautions, fire drill, evacuation procedures and First Aid There is no mention of these matters in the Health and Safety Statement of the company. The Company's statement is rather general, so to speak, as it fails to provide a detailed structure of roles and responsibilities. Being too general is rather problematic as it fails to account for certain situations and misunderstandings in operation. For example, although the involvement of all personnel and the recognition of the importance of the employees and their well being is praise-worthy, it falls short to what degree are they involve and what could they claim if these terms are violated. This is where the opportunity of improvement lies upon as the company, very dedicated as it claims, can now embark on providing these details so that the statement is more complete and useful. The company expresses its intent to comply with OHSAS 18001, an international health and safety act, which they can only do so by being more detailed and specific. Task 3: Customer First Policy Effectiveness It is said that the most fundamental prerequisite for developing a successful organization is the identification and definition of a firm's market and if, feasible, its market niche. The challenge of every business firm is to identify a market for a product or a service which the firm will seek to respond. This can either be a need that has not yet been recognized by other firms or a need currently satisfied by existing firms. The chances for organizational success are enhanced if a firm identifies a need that is not being adequately fulfilled. This is where the company can gain an edge in competing with other firms. One way of adequately fulfilling the need is meeting and even surpassing the quality requirements of the customers. How many successful organizations have been cited because of its customer orientation programs My organization (James Cropper plc), a service company, has long realized this and provides evidence that giving importance to the customer is beneficial for the company. For example, from the beginning of the employment of a program that takes on the concept of the 'Customer First', the volume of customers has been significantly improving. The company has researched on whether this was brought about by the improvement of the quality of service or by the downfall of another competitor (which may have caused the influx of customers during the implementation and evaluation period). What they found was that although a significant number of customers were from the firm which defaulted on them, they chose the company because they heard that it services were of high quality as compared to other competitors. The remaining customers comprising the influx revealed that they the firm was recommended by their friends who were already or has been a customer. Nevertheless, I believe that successful organizations should not only focus on the providing quality services but a mix of methods involving all sectors of the business. It is said that the customer is at the heart of every business firm for they provide the necessary sales to keep the organization running and developing. However, I believe that we should not be concerned with the heart but with all the parts of the body as well. If the organization can be thought of a body, then the arms and the legs can be considered as the employees such as the administrative and marketing personnel with the head as the Board Directors or the owners and decision makers of the firm. All these sectors of the company interact with each other and are very important. If the quality of customer service is the only determinant of the success of the organization, then we would all be rich. However, this is not the case and in fact, organizational success depends on many factors such as improving employee relationship so that their productivity can be guaranteed and maximized. Perhaps what is most relevant to us is ensuring the health and safety of the work environment. In the case of Dirt & Grime Co Ltd, the default in using goggles were justified by pointing out that it reduces productivity. This only tells us that we must also consider the welfare of our employees. If we are the type of an employer who does not consider the welfare of our employees because they are paid, we are bound to fail because of poor performance (having a job order but not having someone to accomplish the job), lawsuits (malpractices in the workplace) and fines and controversy. The last one, controversy, defeats the purpose of the image of providing quality services as people will be dissuaded of buying your products due humanitarian reasons. These are just a few of the ways an organization can improve. To be able to discuss everything would need a collection of all the literature regarding business administration. At the end of the day, using the 'Customer First' policy is beneficial to the company but one should understand that this is not the only factor of being successful in business ventures. References: Health and Safety Corporation (2007) Health and Safety at Work etc Act 1974. Retrieved June 4, 2007 from www.healthandsafety.co.uk/haswa.htm Health and Safety Statement Copyright 2001 James Cropper plc 1. It is the Company's intention to provide a safe and healthy working environment in accordance with the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999 and all other relevant associated legislation and other requirements to which our Company subscribes. 2. The responsibility for health, safety and welfare within James Cropper PLC is placed both upon the Executive Board and upon all personnel working within this Company. At the heart of our commitment to health and safety are the seven core safety principles that everyone in the Company is required to embrace and which will facilitate our commitment to continual improvement of health and safety performance. These are: All injuries can be prevented Employee involvement is essential Management is responsible for preventing injuries Working safely and contributing to safety improvements is a condition of employment All operating exposures can be safeguarded Training employees to work safely is essential Prevention of personal injury is good business 3. The Executive Board, through the Safety Strategy Team, will ensure that Directors, Managers and the various Health & Safety Teams fulfill these commitments by: Pursuing the deployment of the Company's Safety Strategy and the goal of zero injuries Ensuring that arrangements and resources exist to support this Policy Statement and effective management of health and safety. Recognizing the risks inherent in a manufacturing, distribution and retail organization. Conducting and maintaining risk assessments and safe systems of work. Working towards meeting the requirements of OHSAS 18001, the Health and Safety Management specification 4. The Company shall continue to invest in health and safety improvements on a progressive basis, setting objectives and targets in our Annual Health and Safety Programs. 5. The Company will seek to engage and involve all employees in creating and maintaining a safe working environment. Read More