| HEALTH AND SAFETY AT WORK LAWS, LEGAL | | | | Working Time Regulations 1998 prescribe e.g., rest |
| OBLIGATIONS IN LAW OF WORKERS AND | | | | periods. |
| WORKPLACES | | | | There is a health and safety commission, and the |
| (Based on author's site | | | | Safety Executive is empowered to inspect, issue |
| The Health and Safety at Work Act and various | | | | Improvement or Prohibition Notices, to prosecute |
| directives and industrial health and safety regulations | | | | -fine or imprisonment. |
| are increasingly charging employers and employees | | | | Contracts of Employment often allow disciplining for |
| with duties at the workplace. | | | | failure in due care. |
| Employers' legal duties regarding workers and others, | | | | Some Related Court Decisions |
| and employees' statutory duties to employers and | | | | Hardaker -v- Huby, 1962, said that the system of |
| fellow workers, make it essential to businesses and | | | | work must be safe. |
| their workforce to have some appreciation of basics | | | | Hudson -v- Ridge MFC Co., 1957, decided it a duty to |
| of the work safety requirements -and related | | | | provide one's employees with reasonably competent |
| decisions of the courts. | | | | fellow employees. |
| Factories Act 1961 applies where mechanical | | | | Wilson & Clyde Coal -v- English ,1938, ruled that the |
| machinery is used by a business. It requires the | | | | duty of care may not be delegated n respect of |
| workplace to be properly lit, properly ventilated, with | | | | ensuring by the use of safety equipment. |
| sufficient toilet facilities. Under this Act moving | | | | Paris -v- Stepney Borough Council, 1951: the duty is |
| machinery must have a fence surround; must be | | | | individually owed to employees ~blind in one eye |
| properly constructed and maintained, e.g., all hoists, | | | | should given goggles -usually not worn. |
| lifts; must be kept unobstructed all floors, passages, | | | | James -v- Hepworth & Grandage, 1968: there was |
| and stairs; floors must not have slippery surfaces, | | | | liability for injury to an illiterate who was unable to |
| and fire-escapes must be provided and maintained | | | | read the signs that warned of danger. |
| -due care must be exercised to avoid risks being | | | | Wicks -v- Charles A Smelhurst Ltd., 1973 ,found it |
| taken or caused both to and by employees which | | | | unreasonable to expose an employee to risk of |
| may result in injury. | | | | serious injury not contemplated at the time of issuing |
| Offices, Shops and Railway Premises Act 1963 to a | | | | the contract. |
| considerable extent is based on the working | | | | Walker -v- Northumberland County Council, 1994, held |
| conditions in offices, although it covers also shops | | | | liable for forced retirement on heath grounds of the |
| railways. It requires rooms not to be crowded, to | | | | claimant kept working at the same place, with the |
| allow some 3.5m.x3.5m., 12 square metres, floor | | | | same work-load, after he had suffered a nervous |
| space per person, the temperature to be not below | | | | breakdown. |
| 16 degrees centigrade, suitable natural or artificial | | | | Coulston -v- Felixtove Dock & Railway Co., 1975, said |
| lighting, suitable and sufficient and easily accessible | | | | that long-term illness entitled to sympathetic |
| sanitary facilities with running hot and cold water and | | | | consideration requiring enquiries from the employee |
| towels. | | | | and medically qualified advisors -including employee's, |
| Health and Safety at Work Act 1974 in section 2 | | | | as to whether to cease to employ for the sake of |
| now encompasses the common-law duties; it | | | | business was essential. |
| emphasises the duty to provide a workplace free | | | | Wiles -v- Fores (Sussex) Ltd., 1976, thought that if |
| from hazards, the maintenance and safety of | | | | absence was disrupting the workplace a reasonably |
| machinery and equipment -with appropriate e.g. | | | | warning might suffice. |
| warning signs displayed, in liaison with the work-force, | | | | Warner -v- Barbers Stores Ltd., 1978, held it failure in |
| by consultation with trade union Safety | | | | due respect to refuse time off to attend a domestic |
| Representatives, a health and safety officer on the | | | | problem. |
| premises who must have regularly updated health | | | | Spalding -v- Port of London Authority, 1977: if |
| and safety training -including first aid, a Safety | | | | behaviour reasonably jeopardised safety, the |
| Committee and Written Safety Policy statements; it | | | | employer could issue a disciplinary warning. |
| requires that the employees too must take | | | | The health and safety laws charge governments to |
| reasonable care and co-operate in these respects. | | | | ensure compliance by workplaces and workers. |
| Other Acts, and Regulations -six in 1993 upon EU | | | | (This is an outline; laws change, always ascertain |
| Directives, have been adding to these: e.g., the | | | | current law. |