What is Employee responsibilities & How does the law work?

Employee  responsibilities

What does the law require you to do?

As a manager, you know you have health and safety responsibilities, but what is there to guide you?

The law sets the boundaries within which companies must operate

The law attempts to be fair by
requiring you to be responsible for
reasonably foreseeable risks

According to the law, employers are not responsible for issues they can successfully argue as ‘not reasonably foreseeable’

There are three simple tests to determine whether a risk is reasonably foreseeable:

There are three simple tests to determine whether a risk is reasonably foreseeable:

•         common knowledge

•         industry knowledge

•         expert knowledge

As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable

As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable

As a manager, you’re required to assess reasonably foreseeable risks, and reduce risks so far as is reasonably practicable

How does the law work?

Health and Safety at Work etc Act 1974 (HASWA)

The Management of Health and Safety at Work Regulations 1999

Employee  responsibilities

The Workplace (Health, Safety and Welfare) Regulations 1992

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

These statutes are put in place by parliament in an attempt to stop accidents and injury before they happen

In criminal law, the State must prove its case ‘beyond reasonable doubt’

Likely outcomes of a criminal case:

Possible Imprisonment

fines and/or remedial orders

People injured by the negligence of others or a breach of statutory duty can seek compensation for harm

To be successful, the claimant must show that:

•         the defendant owed the claimant a duty of care

•         the duty of care was breached

•         the injury was caused by the breach of the duty of care

If the employee played a part in the injury, the claim may be reduced due
to contributory negligence

However, if other employees caused the injury, the employer may still be ultimately responsible due
to vicarious liability

In civil law, the claimant must prove its case ‘on the balance of probabilities’

A decision made by a judge is a precedent, which means that the verdict of this case will apply to similar future cases

1. Who does the court case focus on?

The accused

The injured party

1. Who does the court case focus on?

2. What is the main source of this type of law?

Common law precedence

Statute law

4. Who initiates legal proceedings?

5. What is the most likely outcome for this case?

Compensation payouts

Imprisonment, fines and/or remedial orders

5. What is the most likely outcome for this case?

6. Who is responsible for proving the case (burden of proof)?

The State

The claimant

6. Who is responsible for proving the case (burden of proof)?

7. What is the standard of proof required?

On the balance of probabilities

Beyond reasonable doubt

8. Normally, how soon must legal action start?

9. What are the main parts of the law that     apply?

HASWA 1974…

Duty of care…

9. What are the main parts of the law that     apply to health and safety?

Help with interpreting and applying the law can be found in the form of:

•         approved codes of practice

•         guidance documents

•         industry specific
guidance

Now that you’ve seen what could happen after a serious accident, what kind of system do you need to put in place to prevent one?

A policy is your commitment to comply with the law and meet your responsibilities

The next step involves planning for hazards, risks, emergencies and responses

Then, organise responsibilities, and ensure each worker is capable of fulfilling them

Then, organise responsibilities, and ensure each worker is capable of fulfilling them

Implement your policy, planning and organisation by putting it into operation

The only way you can find out if your plans are working is to measure performance

For accurate records, performance should be measured both short and long term

If you find that adjustments are necessary, you may need to review and improve it

When it comes to responsibility, you need to:

•         appreciate the key procedures so you understand when to act, and when not to

•         reduce reasonably foreseeable risks so far as is reasonably practicable

•         adapt your HSMS to the specific needs of your organisation to support sustainability

•         get everyone involved!

Key learning points:

•         What does the law require you to do?

•         How does the law work?

•         What are the key parts
of a health and safety
management system?

Employee  responsibilities