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