Lecture 8C - The Law of Tort (Health & Safety)

7/28/2019 Lecture 8C - The Law of Tort (Health & Safety)

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Health and SafetyUnit 5

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In this section, we are going to look atthe duties employers have to ‘persons

at work’ and ‘persons other thanpersons at work’ under the Health andSafety at Work Act 1974.



Health and Safety at Work Act1974: Definitions

Section 1 of Part I of the Act states:

The provisions of this Part shall have effect with a viewTo:

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Securing the health, safety and welfare of personsat work.

Protecting persons other than persons at work

against risks to health and safety arising out of or inconnection with the activities of persons at work.



Health and Safety at Work Act

1974: Definitions (cont....)

Controlling the keeping and use of explosive or

highly flammable or otherwise dangerous,

acquisition, possession and use of suchsubstances.

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Health and Safety at Work Act

1974

As much as possible, it is the duty of every employer toensure the health, safety and welfare of all theemployees:

Provide and maintain plant and systems safe and

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.

Ensure healthy and safe handling, storage andtransport of articles and substances.

Provide: information, instruction, training andProvide: information, instruction, training andsupervision for employees.supervision for employees.

Maintain safe workplaces and access In and out. Provide a safe and healthy working environmentProvide a safe and healthy working environment

this also includes psychological health.this also includes psychological health.



Persons at work

Persons other than persons at work

The act does not define ‘Person At Work’

However; Defines ‘work’ as work as an employee or a self employed

person. This means that person at work appears to cover both

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. It is not restricted to persons at work for the employer, so

appears to mean anyone who comes within the scope ofthe employer while undertaking their own work.

This therefore would include employees, independentcontractors, visitors who are visiting for business

purposes. Person other than person at work appear to mean any

person extending to the general public.



General Duties

The Act contains a number of duties.More specific duties are such as:

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- considerably less detail than thespecific duties of employees and

employers to each other. However,ensure you are at least aware of all thegeneral duties in this section.



General Duties

The Act provides that it is a criminaloffence for persons to fail to dischargea dut im osed b sections 2 to 7 or

to contravene section 8 or 9

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General duties of employers to

their employees: s2

There is a key, overriding duty owed byemployers to their employees, whichis: “It shall be the dut of ever

employer to ensure, so far as itreasonably practicable, the health,safety and welfare at work of all hisemployees”: s2(1).

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General duties of employers to

their employees: s2

Section 2 also identifies a number of

practice, although these do notpreclude (exclude) other matters

covered by the general duty in s2(1).

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General duties of employers totheir employees: s2

These matters are that the employer

ensures that:

+ Plant and systems of work are provided and

risks to health.

+ Arrangements are made so as to ensure

safety and absence of risks to health in the

use, handling, storage and transport ofarticles and substances

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+ He provides such information,He provides such information,instruction, training andinstruction, training andsupervision necessary to ensuresupervision necessary to ensure

work.work.

+ He maintains places of work, and

access to and from such places, insuch a condition as to ensure that theyare safe and without risks to health

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+ The working environment providedThe working environment providedand maintained is safe, withoutand maintained is safe, withoutrisks to health and has ade uaterisks to health and has ade uate

facilities and arrangements forfacilities and arrangements foremployee welfare at work.employee welfare at work.

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An employee has a duty to prepareAn employee has a duty to preparea written policy on health and safetya written policy on health and safetyat the work lace s2 3 . He is alsoat the work lace s2 3 . He is also

required to consult with employeerequired to consult with employeerepresentatives in makingrepresentatives in makingarrangements that assist him andarrangements that assist him andhis employees cohis employees co--operating tooperating toensure that the workplace is safe.ensure that the workplace is safe.

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General duty of employers and self-employed to persons other than theiremployees: s3

Employers and those who are self-employed have a duty to ensure thatthe business is conducted in such a

way as ensures that people not in hisemployment are not exposed to risksto their health and safety: s3.

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General duty of persons concernedwith premises to persons other thanthe employees: s4

This section states that persons whoare responsible for non-domesticremises where others who are not

their employees) work should takemeasures to ensure that the premisesand all means of access and exit fromthe premises are safe and withoutrisks to health.

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General duty of manufacturers etc asregards articles and substances foruse at work: s6

This section imposes duties on peoplewho manufacture articles for use atwork to ensure that the are safe to so

use.

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General duty of employees at

work: s7

This important section looks at thecorresponding duty that employeeshave to their em lo ers in relation to

health and safety at work.

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work: s7

Section 7 states that: ‘It shall be the duty of every employee

+ To take reasonable care for theTo take reasonable care for thehealth and safety of himself and ofhealth and safety of himself and of

other persons who might beother persons who might beaffected by his acts or omissions ataffected by his acts or omissions atwork, andwork, and

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work: s7

+ As regards any duty or requirementimposed on his employer or any othererson b or under an relevant

statutory provisions, to co-operate withhim so far as it necessary to enablethat duty or requirement to beperformed or complied with.’

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work: s7

It is important that you note that theemployee has a duty here to threethree

rou s of eo lerou s of eo le:

+ Himself (an employee must take careof his own health and safety at work)

+ Other persons affected by hisacts/omissions at work (that is, bothfellow employees and any other

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work: s7

persons affected by his work, perhapsvisitors, or the public)

relation to health and safety he mustobey)

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Duty not to interfere with or misusethings provided pursuant to certainprovisions: s8

People must not intentionally orrecklessly interfere with items providedfor health safet reasons. Exam les

might include letting off fireextinguishers or items in a first aidfirst aidbox.box.

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Duty not to charge employees forthings done or provided pursuant tocertain specific requirements: s9

Employers must not chargeEmployers must not chargeemployees if they are obliged toemployees if they are obliged to

rovide additional e ui ment forrovide additional e ui ment for

example, goggles or antiexample, goggles or anti--glareglarescreens for computer screens) toscreens for computer screens) tocomply with Health and Safetycomply with Health and SafetyRegulationsRegulations.

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Health and Safety Bodies

The Health and Safety Commission (HSC)The Commission is a body with a Chairman

a ointed b the Secretar of State and

between 6 and 9 appointed members. When

appointing the members, the Secretary of State

must consult employers’ organisations,

employees’ organisation and local authority

associations.

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The Health and Safety

Commission (HSC)

The HSC exists to:+ Assist and encourage others to further

+ Carry out research related to healthand safety at work and publish the

results and encourage others to carryout research

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Commission (HSC)+ Provide information and training and

advisory services in connection with healthand safety at work

+ Submit proposals to the Secretary of State

for future regulations in connection withhealth and safety

+ In general terms, the HSC furthers the work

of the Secretary of State in relation to healthand safety

The HSC is empowered to set up enquiries into

accidents at work.26



The Health and Safety Exeutive

(HSE)

The Executive is a body with threemembers, a Director General (appointed

Director General and the Secretary of

State).

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Exeutive (HSE)

The HSE exists to:+ Carry out investigations as required by

+ Act as a delegate for the HSC whenrequired

+ To give effect to HSC directions

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Exeutive (HSE)

The general operations division of theHSE is divided into ‘directorates’ in which

,

+ Field operations directorate (split into 7sectors and the railway industry, it also

has an occupational health andenvironment unit and a safety unit)

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Exeutive (HSE)

+ Nuclear safety directorate (responsiblefor regulating nuclear safety)

(concerned with petroleum industries,diving, sites where chemicals areused/stored or explosives aremanufactured, pipelines and mining.

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REGULATIONS

Section 15 of the Health and Safety atWork Act 1974 confers the right on the

and codes of practice in relation to health

and safety.

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REGULATIONS

ExamplesThe following are examples of

under the authority of s15 of the Health

and Safety at Work Act 1974. Many

implement EC directives.

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REGULATIONS

+ The classifications of Hazards,Information and PackagingRe ulations 1999

+ The Confined Spaces Regulations1997

+ The Control of Substances Hazardousto Health Regulations 1999

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REGULATIONS

+ The Electricity at Work Regulations1989

Equipment) Regulations 1992

+ The Lifting Operation and Lifting

Equipment Regulations 1998+ The Management of Health and Safety

at Work Regulations 1999 (see Para 5)34



REGULATIONS

+ The Manual Handling Regulations1992

+ The Personal Protective EquipmentRegulations 1992

+ The Provision and Use of WorkplaceEquipment Regulations 1998

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REGULATIONS

+ The Working Time Regulations 1998(as amended)

Welfare) Regulations 1992

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HEALTH AND SAFETY AT

WORK REGULATIONS 1999

Risk Assessments

One of the most significant requirements of the

Health and Safety at Work Regulations 1999 is

the requirement on employers and selfemployed people to make assessments of the

health and safety risks which employees and

others are exposed to as a result of theundertaking.

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Risk Assessments

The risk assessment is designed to showthe employer what requirements and

rohibitions he must com l with.

The risk assessment itself must be reassessed

if there is reason to believe that it is no longer

valid or there has been a significant change.

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Risk Assessments –

Young People

The regulations identify young people asbeing people who are particularly at risk

the employer in relation to them. A young

person is classed as someone between

the ages of 16 and 18.

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Ri k A




Young People

The employer must take particular noteof:

+ The inex erience lack of awareness and

immaturity of young persons+ The fitting out and layout of the workplace

and the workstation

+ The form, range and use of work equipmentand the way in which it is handled.

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Ri k A t




Young People

+ The organisation of processes andactivities

training provided or to be provided tothe young persons, and

+ Risks from agents, procesess andwork listed in Directives 94/33/EC

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Principles of Prevention

Avoid risks altogether

Assess risks which cannot be avoided

Combat risks at source

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Adapt work to the individual Adapt to technical progress

Substitution

Develop an overall prevention policy Give priority to collective measures

Instruct/train employees

Develop a positive safety culture



Health and Safety Arrangements

The general requirements to make health

and safety arrangements is found in Section 5.

such arrangements as are appropriate, having

regard to the nature of his activities and the

size of his undertaking, for the effective planning,

organisation, control, monitoring and review of the

preventative and protective measures’: s5(1)

HSWR 1999 43



Health and Safety Arrangements

Where there are 5 or more employees, the

arrangements made must be recorded.

Procedures

There are various procedures that an employermust consider:

+ Health surveillance, where appropriate

+ Appointment of competent persons to assist(this is mandatory)

+ Implement procedures for areas of serious and

imminent danger areas 44



Health and Safety ArrangementsConsidering Capabilities

When appointing competent persons from

safety issues, the employer must give

consideration to the capability of the

employees chosen

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E l ’ D i



Employees’ Duties

Employees are required to use

machinery or dangerous substances inaccordance with training they have

received and in accordance with the

instructions they have been given bythe employer.

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New/Expectant Mothers

If women of child-bearing age and riskspresent which could cause harm, then: Include in risk assessment

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conditions, hours of work or suspendemployee from work (especially night workwhere GP provides certificate)

Women must notify the employer that she ispregnant (and provide a certificate)



Protection of Young Persons

Protect young persons

Do not employ them for work; Beyond their physical/psychological capacity

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ox c carc nogen c ra a on

Hot/cold/noise/vibration

Young persons can train in the above if: It is necessary for their training;

Supervised by competent person; and Risks are reduced to lowest level reasonably

practicable



Employees’ Duties



Employees Duties

Employees are required to inform

+ The employer

+ An one else char ed with health and safet

duties in the organisation

Of any serious and imminent dangers to health

and safety.

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The Management ofHealth & Safety at

Work Regulations

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Risk Assessment

Risk assess for employees and otherswho may be affected (visitors,contractors etc.

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5 Steps Identify, Decide, Evaluate, Record,

Review & Revise

Suitable and Sufficient

Young persons



Health & Safety Arrangements

Health & Safety Management system: Planning

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Control Monitoring

Review

Record arrangements if 5 or more staff



Health Surveillance

When the RA shows the following to apply: Identifiable disease/condition associated;

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Reasonable likelihood that disease/condition willoccur;

Surveillance is likely to further protection.

Communicate to employees and reps

May require assistance of medical practitioner



Contact with External Services

Procedures for contact in case ofserious and imminent danger

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Review and revise in light of changes



Persons working in host



g

employers undertakings

Provide contractors and theiremployers with information on:

Ri k fr m m l r n r kin

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Protective and preventive measures Includes temporary staff from agencies



Capabilities & Training

Take account of employeescapabilities

Provide ade uate h&s trainin on:

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Recruitment Exposed to new or increased risks

Training shall be:

Repeated periodically where appropriate Adapted where necessary

During work hours

Lecture 8C - The Law of Tort (Health & Safety)

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