The HEALTH INSURANCE AND Safety AT THE JOB Act 1974 Structure Essay

One of the initial bits of legislation that was wholly worried about safeness was the Explosives Function in 1875. This handled the utilization and storage of explosives as some magnificent accidents had caused considerable public alarm. The Boiler Explosions Function came just a little later and was followed by some Acts, a few of that have been, the Occupation of Women, Young Folks and Children Action 1920, the Radioactive Chemicals Act 1948, the Mines and Quarries Work 1954, the Agriculture Safety, Health and Welfare Provisions Act 1956, the Factories Work 1961, the Engineering Regulations 1961, the general public Health Action 1961, the Offices, Shops and Railway Premises Work 1963, etc, culminating in the Health and Safety at Work Action 1974.

Wignall, Kendrick, Ancill, Copson (1999)

The Health and Safety at Work Action, 1974, was set up ultimately to ensure the welfare of all employers, employees and people of everyone in and around the work area. The intentions were to reduce the risk of accidents in the workplace and to eradicate any practice by the workplace that could potentially put one's health vulnerable. Penalties were put in place for non-compliance. Inability to adhere to the legislation can result in prohibition of certain functions, fines being enforced and even imprisonment.

Damage to employees health insurance and accidents caused by incompetent ways of work are no longer acceptable. The Health and Safety at Work Act is spot to reduce these dangers as far as is fairly practicable.

P1. 1 - Legal Responsibilities of the Employer

The onus begins with the workplace. It is their duty to enforce the rules lay out within the action. Failure to do so can often lead to fines such as imprisonment and fines, which is complete at a later level. The main obligations for the workplace can be summarised the following:

To provide & maintain vegetable (i. e. dumpers, factory machinery, electricity tools, small tools etc) to a higher standard to prevent accident and eliminate other potential health risk. Security Inspection registers should be maintained and the workplace should ensure regular checks are being carried out. Any item of plant that is reported faulty or unsafe should be withdrawn from use immediately and faults should be rectified totally before it is allowed back into operation.

To ensure herb is being used effectively by the employee and that the staff is experienced to be using that device. Full training and information should be offered where required.

To provide information, instruction and full training where necessary. Tool pack talks are actually regularly used as a way of conveying this advice to employees. Other method of communicating information can be by notice planks, supply of literature and training courses.

Adequate supervision should be provided at all times to ensure employees are working in a safe manner and upholding their responsibilities under the Health and Safety at Work Act.

Personal Defensive Clothing (P. P. E) should be provided where required by the employee. For example, all structure site operatives should get high awareness vests, security boots and a difficult hat. In the event of the operative being asked to employ a device such as a breaker or an item of flower that could potentially damage ones experiencing, extra factor should be given and protective equipment such as gloves and ear canal protectors must be released. The employer should enforce the utilization of P. P. E. at all times.

A safe working area should be looked after at all times. This includes adequate access and egress to the working area and safeguards should be studied for any possible evacuation such as a fireplace drill. The working area should be well maintained, clean and free of any unnecessary obstructions. Any rubbish should be removed in a safe area.

Provisions should be made regarding harmful chemicals etc. Any box such as this should be clearly labelled and placed in a safe area.

Welfare facilities should be accessible all the time. These will be described more comprehensive at a later level, however they should generally include a way to obtain hot and cool water, toilets and safe areas.

If five or even more employees are used, then a Health and Safety Coverage should be implemented and preserved.

Procedures should maintain place in case of an accident. A qualified first aider should be on site at all times, along with medical kits, spill packages and fire protection equipment. A list of first aiders and nearest nursing homes also needs to be exhibited on information planks around the office. Measures should be studied in case of the event of an fire. Interacting with areas should be pre-arranged, hearth exits should be stored clear and regular drills should take place.

Extra health care should be given to protect young people and pregnant women. After all, you would not expect a pregnant girl to undertake any task that could have an effect on the welfare of the mom and child.

Nowadays, many staff are employed over a temporary basis instead of permanent employment. It's the employers' work to ensure that non permanent workers receive the same treatment as the everlasting employees. Full training and guidance should be offered whatever the amount of the employees deal.

Risk assessments should be utilized as a form of identifying any possible hazards and minimising the risk of the threat occurring.

P1. 1 - Legal Tasks of the Employee

We have previously outlined the responsibilities that fall upon an employer however the employee is just as in charge of safety in the task place. Penalties for non-compliance of medical and Safety at the job Act can also include imprisonment and fines. The staff must follow the rules that have been given to him or her by the employer.

The main responsibilities for the employee are the following:

To act in a manner that does not endanger anyone in or around the workplace. Tomfoolery is not acceptable, especially when equipment or other plant is functioning.

To wear Personal Protective Equipment the right way all the time. If almost everything should need replacing then the company must be notified so that he can fulfil his responsibility as mentioned above.

Regular investigations of seed should be produced. If any item of plant is available to be defective in anyways, it must be reported immediately to the supervisor and should not be used again until it is regarded as to be safe to utilize again.

To be familiar with emergency procedures that have been set up such as what to do in case of a fire security alarm. They should also take notice of the set of trained first aiders on site.

Facilities such as hearth safe practices equipment and medical equipment should not be interfered with unless genuinely required. Welfare facilities must also be looked after. Any worker found vandalising or misusing these facilities could be critically disciplined.

To maintain their own working area. A higher degree of housekeeping should be placed at all times. The worker should ensure litter is removed correctly and continues access and egress clear all the time.

To report whatever is actually a potential health or security risk within the work environment. This can include a variety of things such as, equipment being used incorrectly or by incompetent associates of staff, smelling of dangerous gases, equipment being abused or vandalised, unsafe seed, electric faults, P. P. E. not being used or anything else that could possibly endanger fellow employees or the general public.

P1. 2 - The Management of Health insurance and Safety at the job Regulation 1999

The Management of Health and Safety at the job Regulations were at first implemented in 1992. They might need the employer to take into consideration any potential hazards by form of risk assessments, have types of procedures in place for emergencies and keep the employee fully up to date of various health insurance and safety conditions that could influence them. In the next years, these were amended to safeguard pregnant mothers and young individuals. The most recent revision was 1999 and are available at www. legislation. hmso. gov. uk.

The main procedures of the Management of Health and Safety at Work Regulation are:

Risk assessments

The regulation requires the company to make an analysis of the potential risks to medical and safeness of the employees within the work area and consider any person that may be effected by the procedures of the work place, i. e. users of the general public.

Preventive and defensive measures

The measures that contain been discovered by the employer via the chance diagnosis must now be acted upon to reduce the risks as much as possible and get rid of the risk entirely where possible.

Health and security arrangements

Arrangements should be produced in relation to the size and type of activity that is being undertaken. The workplace must plan and control the precautionary and precautionary measures that he has set up.

Health surveillance

If potential health threats are identified by the chance assessment then your employer must be sure the employee is provided with necessary health surveillance.

Health and basic safety assistance

Every employer is required to acquire assistance where had a need to ensure he is complying with these legislation. This can be more than one person, whatever is in accordance with the size of the operation.

Contacts with exterior services

Information should be available all the time in case of crisis. This in includes medical and emergency health care such as contact details for the nearest accident and emergency medical center.

Information for employees

Information such as risk assessments, preventive and precautionary measures, safety procedures, first aiders, flame wardens and any other potential hazards to the employees health insurance and safeness should be supplied all the time. This can be communicated using information boards, tool box talks etc.

Co-operation and co-ordination

This is to ensure that where there is more than one workplace in a workplace, they must communicate accordingly to ensure they are complying with the legislation. For example, it is crucial that multiple employers in any workplace works together in the event of any evacuation. There would be only 1 evacuation plan for the entire office.

Persons working in the sponsor employers' or one-man shop persons' undertakings

The employer is required to ensure that anybody entering the office from another undertaking such as a building maintenance staff member or any other visitor will get necessary information regarding any preventive and protective measure, emergency procedures and other information associated with the place of work.

Capabilities and training

This is to ensure that employees are competent to carry out the work they are really being asked to undertake. Health and safe practices training should be accessible to new employees and existing employees to ensure they know about any dangers.

Employees' duties

The employee is responsible for making certain they use any equipment or machinery in accordance with the training that has been distributed by the employer. This may range from using machinery correctly to making sure the machinery they are employing is good working order.

Temporary workers

The workplace must treat any temporary worker with the same enough information that he would for folks under fixed contracts. This will include full training and health monitoring.

New or expectant mothers

These methods were contained in the newer revision of the Management of Health and Safety at the job Act to safeguard pregnant and breasts feeding mothers. The company should ensure that new or pregnant women are not subjected to any potential risks in the workplace. However, it's the responsibility of the pregnant woman to give written notice of her condition.

Protection of young persons

The employer must protect any young people he has used and ensure that the employee is capable of undertaking the tasks he's being asked to do. For example, any task that is beyond his physical or psychological capability or any job that the young person is inexperienced to undertake.

Throw away and use Excel sheet

P1. 3 - Fines for Non-Compliance of The Health and Safety at Work Function, 1974.

The fines on the previous page seem to be to be obscure and lack any uniformity. For example, when a development company owner fails to comply with a noticable difference notice, they can be fined up to 20, 000 and face imprisonment for six months. For breaching a legislation within portions 2 and 65 of the Health and Safety Function, he would only be looking at getting a maximum 20, 000 fine but no risk of imprisonment. I would feel that a breach of the Health and Safety Take action would have carried a larger danger to security and welfare than failing woefully to comply with a noticable difference notice.

Another problem with the penalties are any particular one building company could face as much punishment for failing to comply with an improvement notice as another company could for failing woefully to adhere to a courtroom order. That is too vague and there must be a clear differentiation between failures to adhere to a notice. I recommend the next to be more appropriate.

Failing to adhere to an improvement notice

Maximum three months imprisonment and/or a maximum 5, 000 fine

Failing to comply with a prohibition notice

Maximum 6 months imprisonment and/or a maximum 10, 000 fine

Failure to adhere to a courtroom order

Maximum six months imprisonment and a 20, 000 fine

I would then expect any breach of section 2-65 of medical and Safety Action to be punishable with a maximum 30, 000 fine and a maximum of one-year imprisonment. I'd then expect every other breaches to be always a maximum 10, 000 fine and maximum six months imprisonment.

Either way, I would look to identify the fines of non-compliance and boost the fines for clear breaches of the legislation.

P1. 4 - The Provision of Welfare Facilities

The Engineering (Health, Safety and Welfare) Restrictions, 1996 contains an intensive section detailing certain requirements relating to procedures of welfare facilities on site. Anybody in charge of a building site is appreciated to supply the pursuing to site employees.

Sanitary Conveniences

Suitable and sufficient sanitary conveniences should be made on site or an accessible place within the close to vicinity.

Washing Facilities

Hot and cold water must be made offered by all times for wash purposes. Showers may be a requirement, depending on the nature of the task being carried out.

Drinking Water

An adequate supply of wholesome normal water must be provided at all times.

Accommodation for clothing and changing

A facility that accommodates work clothes must be offered so that the employee can change in and out of his work clothes (overalls etc) at the start and end of his switch.

Resting Area

An area must be provided for the staff to utilize for solely for break purposes.

It will probably be worth noting that all of the aforementioned provisions do definitely not need to be provided specifically on site. The company may reserve the to use facilities within local establishments at the discretion of the proprietor. This could range from local outlets to factories so long as it is within acceptable distance of the website and complies with the Construction (Health, Security and Welfare) Restrictions, 1996.

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