The Health and Safety at Work Act 1974 - Case Study Example

The Health and Safety at Work Act 1974 (HSWA/ HASWA /HASAWA) The Health and Safety at Work Act (HSWA, 1974) is an Act of the Parliament of the UnitedKingdom. It outlines the basic structure and authority that is required for the encouragement, regulation and enforcement of workplace health and safety. The Act explains general responsibilities of employers, suppliers, persons controlling work premises, persons who manage and maintain workplaces, contractors, and employees. Enforcement of this Act is supposed to be the responsibility of the Health and Safety Executive (PCS, 2010). According to section 19 of the act, the executive appoints inspectors detailing their powers formally. This in respect serves as evidence of their authority in matters related to their prescribed duties. Powers given to a Health and Safety Enforcement Officer under the Health and Safety at Work Act 1974 In cases where employees do not meet the requirements of the Health and Safety at Work Act (1974) in their premises, a health and safety enforcement officer has the rights to get into the premises with an aim of enforcing the Act. They can do this at any reasonable time of the day as well as during dangerous situations (Health and Safety Tips, nd). The officers retain the rights to be accompanied by other officers if they feel they are at risk or to help them perform their duties adequately. The officers also have the powers to take along any equipment or materials necessary for any purpose that is allowed by the power of entry. Furthermore, it is the responsibility of the officers to carry out examination and investigations necessary for purposes of enforcing the Act. In the event of the unguarded lift shaft left by a contractor as in this case, the officer has the responsibility to give orders for the shaft to be left untouched for purposes of further investigation and law enforcement. The officer may also take any measurements, make recordings and take photographs which they may consider important in the investigation process. The health and safety officer may order that the lift shaft be dismantled or removed from its current location if it is too dangerous. He or she may further order for its testing or subjected it to any other process that will not damage or destroy it. During investigation, the officer has the right to get answers to investigation questions from employees or any other person they believe to be in a position to give relevant information. Those being questioned should answer any questions the officer may think fit to ask. The same persons should also make a declaration of the truth of their answers by putting down their signatures. In addition to the above rights, the office maintains the right to ask for copies of documents relating to the lift and the investigation that are kept by the employer. Yet again, the officer may rightfully ask for assistance from any person with respect to the lift to enable him/her exercise their powers. Breaches to the Health and Safety at Work Act A breach of the Health and Safety at Work Act occurs when a person or a group of people with duties defined by the act such as employees, contractors and employers fail to act in line with the statutes thereby exposing other people to health and safety risks (Tolley, 2008). Breaches of the Health and Safety at Work Act 1974 by the Employer According to section 2 of the act, it is clear that the duty of an employer is to ensure health, safety and welfare at work for all employees to a practical extent possible (Compact Law, 2010). The employer in the case of the lift shaft has beached sections of the act that require them to: Provide and maintain systems of work that are without health and safety risks. Provide arrangements necessary to ensure safety and health in relation to the use, handling, storage and transport of articles and substances. Provision supervision, information, instruction, and training that is important in ensuring the health and safety of employees in the workplace (Health and Safety Tips, nd). Indeed according to Stranks (2005) and Howell (2005), the act demands that the employer should maintain the workplace in a condition that is safe and does not pose risks to health to a practicable extent. Breaches of the Health and Safety at Work by Contractor The breaches of the Health and Safety at Work etc Act 1974 by the person (contractor) carrying out repairs to the lift in so far as articles/tools and items used at work are concerned (Direct, 2010). According to the Health and Safety at Work Act (1974) Section 6(1), the contractor has the responsibility to ensure that the article is so designed and constructed that it will always be safe and not risky to health when being set in place, used or maintained by a person at work (PCS, 2010). Furthermore, the contractor should take necessary steps to ensure that persons supplied with the article get adequate information about it (Simpson, 1974). In this case they should not have been allowed to use an unguarded lift shaft Also give any necessary conditions to ensure safety at all times. Section 6 (3) of the legislation requires that the contractor/employee ensure that the item being installed is always safe at when it is being set, used, cleaned or maintained. Conclusion In every workplace, safety must always be considered paramount as noted by Mackay (2004) and Ridley and Channing (2003). Safety in this regard extends to employees, contractors, company owners and visitors as stated by Direct (2010). Since company employees, management and contractors deal mainly with the operations of their affiliate organizations, they have the duty to ensure that their activities are carried out in a manner that does not put the health and lives of other individuals at risk. The Health and Safety at Work Act of 1974 was specifically instituted to ensure that safety is maintained at the workplace. The act calls for responsibility of various stakeholders and holds them account for their actions whenever they contravene the demands of the statutes. With the Health and Safety Executive having the responsibility of ensuring that the act is enforced at the workplace, the workplace is bound to be a safer place to be. References Compact Law (2010) Health and Safety at Work http://www.compactlaw.co.uk/free-legal-articles/health-and-safety-at-work.html Direct (2010) Employers health and safety responsibilities, Accessed 15th December, 2010 http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686 Health and Safety Tips (nd) Health and Safety at Work etc Act 1974. (Elizabeth II 1974. Chapter 37) http://www.healthandsafetytips.co.uk/HSWA/HSWA.htm Mackay (2004) "Health and Safety at Work" Journal of Halsburys Laws of England 4(20) PCS (2010) Health and Safety at Work Act 1974, Accessed 15th December, 2010 http://www.pcs.org.uk/en/resources/health_and_safety/health_and_safety_legal_summaries/health_and_safety_at_work_act_1974.cfm Ridley J. & Channing J (2003) Safety at Work. London: Butterworth-Heinemann. Stranks J (2005) Health and Safety Law (5th edition.).London: Prentice Hall.   Simpson R (1974). ": Report of the Robens Committee 1970-72". Journal of Modern Law Review 36 (2): 192–198. Tolley (2008).Tolleys Health and Safety at Work Handbook 2008.London: Butterworths Read More