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