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Health and Safety Management
Duties of Employers

Statutory duties to employees

• It is the duty of every employer, so far as is reasonably practicable, to ensure the health, safety and welfare at work of all his employees (HASAWA S2.1). This includes:
• provision and maintenance of plant and systems of work that are safe and without risks to health (HASAWA S2.2.a)
• arrangements for ensuring the safety and absence of health risks in connection with the use, handling, storage and transport of articles and substances (S2.2.b)
• provide such information, instruction, training and supervision as is necessary to ensure the health and safety at workplaces under the employer's control
• ensure that work places, plant and processes are safe and without risk to health
• provide and maintain safe means of access and egress (entry, exit and escape) from premises and work areas. (S2.2.d)

  Statutory duties to employees

• It is to provide and maintain a working environment for employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work (S2.2.e). This includes transport , store , handle and use materials in a safe manner.

  An employer must:

• produce and distribute a statement of safety policy and its implementation to all employees.
• consult with employees' representatives on matters related to health and safety and establish safety committees if sought by representatives. Such consultation is guided by published codes of practice.
• ensure that those who are not employed are informed of safety and hazards for when they work or are present on employer premises and use equipment and materials.

  The HASAW Act 74 is backed by the criminal law. (N.B. Employees whose health and safety is affected at work are also protected by their contract of employment and associated civil law responsibilities in respect of employer negligence and their own responsibility to work with due care and attention).

  Criminal offences under HASAWA stem from failure to discharge duties, breach of specific sections or non-compliance with an inspector's requirements as authorised by the Act. Directors and senior managers have personal responsibility for health and safety under the Act (individuals are thus not protected by "corporate resources". It is possible that senior management have carried out all their responsibilities and the failure is traceable to a local operations manager who has failed to carry out policy. Such a manager, as an individual responsible for the reasonable care of others, is also liable under civil proceedings.

  The employer's duties at common law

  Common law (case law) is based on past court judgements, which explain the facts of cases, the law applying and the court's legal reasoning for conclusions or findings. Case judgements are recorded (Law Reports) and form a body of decisions, interpretations or precedents for other courts to follow.

  At common law, employers owe employees a general duty to take reasonable care (of themselves and others ) in avoiding injuries, health problems and deaths etc at work.

  Employers must

• provide a safe place of work with safe means of access and egress
• maintain safe appliances/equipment and plant for doing work
• maintain safe systems of work
• employ competent, diligent people to do the work.

  These common law duties are covered by HASAWA (s2) - the general duties of the employer.

  Law relating to negligence

  The general law of negligence contributes to specific aspects of an employer's (and employee's) duty to take reasonable care. To prove negligence, an injured party must demonstrate that

• a duty of care is owed by the defendant (the employer) to the plaintiff (the employee)
• that this duty has been breached
• injury, loss or damage stems from the breach.

  Duties of employers to persons other than their employees

  Every employer must conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment, e.g. contractors, are not exposed to risks to health or safety (S3.1).

  

  Employees and Health and Safety at Work

  Duties of employees under HASAWA 1974 It is the duty of every employee while at work:

• to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work
• as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with (HASAWA S7).
• No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions (S9).

  Employee awareness

  Thus as they perform their contract of employment, employees must thus be aware of

• the responsibilities of their employer and the contribution they must make to the implementation of policies and practices that the employer has developed for the conduct of safety and safeguarding of health and welfare.
• their contribution to fulfilling the duties of employers in respect of persons other than employees (themselves and others). This covers duties in relation to premises (access/egress) and plant/substances on the premises or provided for use there)

  The Health and Safety Information for Employees Regulations 1989
  require information relating to health, safety and welfare to be furnished to employees by means of posters or leaflets in the form defined by the Health and Safety Executive

  Employees and Inspectors

  Employees need to be award of their obligations (as a representative of the employer) when heallth & sa fety inspectors seek to enter premises if they believe that a dangerous situation exists and wish to make examinations and investigations. Inspectors after all may question employees who may have relevant information and require a true statement of answers. Employees should know however that answers given in an interview are not admissible in evidence if subsequent proceedings are taken against that person.

  The manager as an employer agent.
  must respond to the requirements of improvement and prohibition notices and comprehend the implications of failure to comply with notices (this applies to all staff in the workplace concerned).

  Safety representatives
  A manager as an employer's agent needs to understand the statutory status and role of recognised safety representatives who may

• investigate potential hazards and workplace accidents and carry out inspections
• take up employee complaints concerning H&S risks at work making representation to management on H&S and welfare and related matters affecting staff in their area.
• employee safety representatives are entitled to have access to documents relating to the workplace health and safety that the employer is required to maintain.
• they represent staff groups in consultation with H&S inspectors and can receive information from them.
• they attend meetings of safety committees .

  

  Occupiers of premises

  Under the Health and Safety at Work Act employers and occupiers of premises have statutory duties to people other than employees.

  The duties cover those

• are not their employees but who
• use non-domestic premises as a place of work or where, as provided, they may use plant or substances - thus this would include schools, computer rooms in colleges or adult education pottery studios or even health and fitness clubs.

  Those controlling the premises must ensure so far as is reasonably practicable the premises: access/egress, plant/substances on the premises or provided for use etc., are safe and without risks to health.

  This therefore applies to

• visitors to a workplace (the factory, the office, the warehouse, the shop),
• employees of a contractor to a firm
• members of the public picking strawberries on a farm
• students of all ages
• shoppers
• and many others.

  Of course to each of these visitors there is a common law obligation on the part of employers and occupiers - not to be negligent.

  

  Designers, manufacturers, importers and suppliers

  The HASAW Act section 6 (as amended by S36 and Schedule 3 of Consumer Protection Act 1987 - articles for use at work) places specific duties on the designers, manufacturers, importers and suppliers such people must:

• ensure, so far as is reasonably practicable, that articles they design, constructed, make, import, supply etc. are safe and without risks to health at all times e.g. when it is being set up , cleaned, used or maintained by someone at work
• carry out (or arrange for) such testing and examination necessary to perform the duties above
• take steps to ensure that those supplying someone with "the article/substance" have adequate information about its designed and tested use. This includes essential conditions for dismantling and disposal
• act to ensure, so far as is reasonably practicable, that people so supplied are given updated information where it becomes known that the article/substance gives rise to serious risk to health/safety.

  

  

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