Health and Safety Legislation in Relation to Employee Protection for Accidents at Work
Every individual within a workplace environment has the legal rights to protection against any work related risk, which may arise on the course of duty performance. Generally, the employees' health and safety legislation impose a range of duties to both employers and employees. The employees' health and safety guides apply to the self-employed as well as the diverse categories of employees such as manufacturers, designers, and suppliers. In different states, the legislation expresses a wide-based duty guideline within the Health and Safety at Work Acts. These regulations or acts are further spelt out in details within the subsidiary regulations, including those dealing with health and safety management, accident and/or risk management (Johnson & Geraldine, 2013, p. 57), as well as other emerging issues specific to health and safety of employees at work. This paper aims at providing an overview-knowledge on legislation that protect workplace health and safety with regards to employees' accidents at work, as well as how these legislation may impact on the safety and health management within a given workplace.
A number of employers view employees' accident claims as an issue of human resource. Nonetheless, there is a short-sightedness in this attitude since the workplace morale can be altered by the ongoing accident claims and litigation (Hansson, 2008, p. 36), which may in turn absorb large amounts of time for management (Chamberlin, Cottle & Neville, 2007, p. 68). Accidents may be expensive due to the time lost during the absence at work for treatment, the cost of provision for replacement or temporary cover together with the fragmentary costs of obligatory employers' liability insurance. It is essential to put in place good policies and legal procedures in order to avert accidents and effectively deal with any post or information about employee accidents at work.
The rudimentary provisions regarding the health and safety of employees at the workplace are contained within the Health and Safety at Work Act of 1974. This act forms the foundation of the entire range of statutory regulations. It transversely applies to commerce and industries, creating obligatory responsibilities and/or duties upon the employers in order to ensure employees protection against accidents, injuries, or any form of risk (Occupational Health and Safety Act, 2000, p. 79). Such accidents and/or risks may result due to slips, manual handling injuries, trips, falls from high heights, as well as working with unfixed or moving parts of machinery and equipment. The 1974 Act is specific and general since it entirely covers the workplace activities, and can as well make particular references from various work sectors.
Section two of 1974 Act outlines that employers have obligations to pursue reasonable steps towards ensuring the safety, health and welfare of theirs employees. Section seven of this act lays the duties of employees, which include taking reasonable care of their own safety, as well as their colleagues' safety and health. Therefore, it implies that the employees' safety and health reasonably depends on individual circumstances such as their personal conducts and omissions. Consequently, supposing an employee takes an unnecessary risk leading to any form of injury or accident, one shall have breached or violated this section of the employment Act. Still, there are cases in which a number of employers' procedures and policies either ignore the employees' obligations for their own care and safety, or simply pay a lip service to the situation (William, 2001, p. 182).
Section 8 of the Safety, Health and Welfare at Work Act 2005 requires that every employer should practically and reasonably ensure the safety, health and welfare of all their employees at work. According to Hansson (2008, p. 34), this section sets up the general duties of an employer and broadly reflects from the criminal legislation of common law principles about care duty. Such duties may entirely cover the management and conduct during workplace activities, provision of safe systems at work, ensuring safety and preventing risks, and provision of adequate welfare facilities (Johnson & Geraldine, 2013, p. 65). Generally, the employers have a common care duty of ensuring, as reasonably and practically, the safety, health and welfare of all their employees. Also, the employers have a responsibility to protect the non-employees from any risk arising from the workplace activities. According to William (2001, p. 194), wherever five or more individuals are employed, the health and safety policy regulation outlines that every employer must take effect and offer an adequate arrangement for an effective organization, planning, monitoring, control, and review of preventive and protective measures...
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