Legal duties of employer and employees

Health & Safety legislation has recently grown. Initially it was introduced in response to accidents that involved injuries or death. HSWA was introduced to provide a framework within which all other Health & Safety legislation would operate. There are many specific pieces of legislation that relate to H&S Within the Electrical Industry BS 7671:2008 acts as a guidance and is non-statutory, but if we comply with it we are also compiling with the relevant sections of the EWR 89 which is a statutory key piece of electrical legislation. To briefly run through what we have learnt so far;

Aims and objectives of this session State the legal responsibilities for employer and employee State the main responsibility of employers towards the maintenance of Health and safety State the responsibilities of an employee Outcome 1 Identify the legal responsibilities of both the employer and employees and the importance of health and safety in the working environment Session 2 Legal duties of employers and employees

As we might expect there are more duties placed on the employer than on the employee. Employers are responsible for; As we might expect there are more duties placed on the employer than on the employee. Employers are responsible for; The provision and maintenance of plant and machinery and systems of work that are, so far as is reasonably practicable safe and without risk to health Arrangements are made for ensuring so far as is reasonably practicable safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances. To provide such information, instruction, training and supervision as is necessary to ensure so far as is reasonably practicable the health and safety at work of employees. continued

Responsibility continued The maintenance of any place of work so far as is reasonably practicable, in a condition that it is safe and without risk to health and to maintain the means of entry and exit so that there is no such risk. To maintain the working environment so far as is reasonably practicable, in a condition that it is safe, without risk to health, and that provides adequate hygiene facilities. To conduct their business in such a way that so far as is reasonably practicable, people not in their employ, are not exposed to risk A duty to maintain mutual trust and confidence in you. Your employer must not, without reasonable and proper cause, conduct themselves in a manner calculated, or likely, to destroy, or seriously damage the relationship of trust and confidence with you. This duty obliges employers to ensure you are treated with dignity at work, and to deal with your complaints fairly and seriously. continued

The items on the previous slides are just a small example of the list of duties of an employer from a safety point of view. More detail can be found in ACOP L21 Management of Health and Safety at work Basically the employer is responsible for everything to do with providing a safe workplace for you and others.

Have a Health and Safety policy  Provide first aid facilities (level dictated by number of employees)  Carry out and record Risk Assessments Have a review system in place for H&S oHave a H&S control system in place Health and Safety arrangements have been set in place to meet the requirements of the Safety Policy These are extra requirements that apply to companies employing 5 or more employees ( although they could be used as good practice for all employers) This is not a complete list, just to give a flavour of the requirements for more detail see “ACOP L21”

These are the four key duties of employees To take reasonable care, while at work, for the health, safety and welfare of yourself and other persons  Correctly use work items  Not to interfere or misuse any safety precautions provided  To cooperate with employers in the promotion of health, safety and welfare. Employee’s have their responsibilities as well. You are legally responsible for your actions regarding Health and Safetyresponsible

If you have a problem concerning health and safety in your workplace this should be discussed with your employer, manager or safety representative. If you are still not happy you should consult the HSE who will investigate the problem. Your health and safety is protected by law protected End of session 2