Health and Safety Health and Safety LawLaw

The Health and Safety at Work etc Act The Health and Safety at Work etc Act 19741974

There are 2 sub-divisions of the law that apply to There are 2 sub-divisions of the law that apply to health and safety issues:health and safety issues:

Criminal LawCriminal Law – rules of behaviour (Law of the – rules of behaviour (Law of the land). An individual who breaks criminal law is land). An individual who breaks criminal law is deemed to have committed an offence or crimedeemed to have committed an offence or crime

Civil LawCivil Law – concerns disputes between people – concerns disputes between people and deals with liability as opposed to guilt eg. and deals with liability as opposed to guilt eg. negligencenegligence

Health and Safety LawHealth and Safety Law

Several judgements have established that Several judgements have established that employers owe a ‘duty of care’ to each of their employers owe a ‘duty of care’ to each of their employees. This duty cannot be assigned to employees. This duty cannot be assigned to others, even if a consultant is employed to advise others, even if a consultant is employed to advise on health and safety matters or if employees are on health and safety matters or if employees are sub contracted to work with another employer.sub contracted to work with another employer.

Employees have a duty of care placed upon them Employees have a duty of care placed upon them under section 7 of the Health and Safety at Work under section 7 of the Health and Safety at Work etc Act 1974. etc Act 1974.

The Health and Safety at Work etc Act The Health and Safety at Work etc Act 19741974

Examples of Regulations:Examples of Regulations:

Management of Health and Safety at Work Regs. 1999Management of Health and Safety at Work Regs. 1999

Workplace (Health, Safety and Welfare) Reg.1992Workplace (Health, Safety and Welfare) Reg.1992

Control of Substances Hazardous to Health Regs. 2002Control of Substances Hazardous to Health Regs. 2002

Electricity at Work Regs. 1989Electricity at Work Regs. 1989

Health and Safety (First Aid) Regs 1981Health and Safety (First Aid) Regs 1981

Manual Handling Operations Regs 1992Manual Handling Operations Regs 1992

Health and Safety (Safety Signs and Signals) Regs. 1996Health and Safety (Safety Signs and Signals) Regs. 1996

Reporting Injuries, Diseases and Dangerous Occurrences Reporting Injuries, Diseases and Dangerous Occurrences

Regs 1995 Regs 1995

Health and Safety Health and Safety QuizQuiz

SCENARIOSCENARIO

A foundation stage pupil is riding a tricycle in the A foundation stage pupil is riding a tricycle in the foundation unit’s playground. The playground is foundation unit’s playground. The playground is accessed by climbing 4 steps which are accessed by climbing 4 steps which are approximately 2 metres in width. There are 2 approximately 2 metres in width. There are 2 members of staff supervising a total of 9 children members of staff supervising a total of 9 children in the playground.in the playground.

The pupil rides the tricycle over the top step and The pupil rides the tricycle over the top step and falls down them suffering facial injuries and cuts falls down them suffering facial injuries and cuts and bruises to their arms and legs.and bruises to their arms and legs.

The child’s parents are contacted and after a visit The child’s parents are contacted and after a visit to hospital the child has 5 days off school.to hospital the child has 5 days off school.

SCENARIOSCENARIO

A visitor to your premises slips on the footpath A visitor to your premises slips on the footpath leadingleading

to the main entrance doors on a patch of ice.to the main entrance doors on a patch of ice.

After reporting the incident they leave as they After reporting the incident they leave as they feel feel

‘‘shook up’. The day after, they contact youshook up’. The day after, they contact you

and inform you that they have suffered a and inform you that they have suffered a fracturedfractured

collarbone as a result of the fall. collarbone as a result of the fall.

SCENARIOSCENARIO

A member of staff trips over a loose piece of A member of staff trips over a loose piece of carpet oncarpet on

the corridor in the building where you work.the corridor in the building where you work.

First aid is offered and the staff member initially First aid is offered and the staff member initially feels ok.feels ok.

The next day they ring in sick with a painful back The next day they ring in sick with a painful back as a result of the trip and end up being off work as a result of the trip and end up being off work for 2 weeks. for 2 weeks.

SCENARIOSCENARIO

A member of staff suffers a shoulder injury whilst A member of staff suffers a shoulder injury whilst carrying boxes from reception to the store carrying boxes from reception to the store cupboard. They report the injury to the ‘first cupboard. They report the injury to the ‘first aider’ then go home. aider’ then go home.

The staff member has 4 days off sick as a result The staff member has 4 days off sick as a result of the injury. of the injury.

HandoutsHandouts Any questions ?Any questions ?

Reference Reference

Health and Safety policy statement.Health and Safety policy statement.

Health and Safety information Health and Safety information available via intranet / RGFL.available via intranet / RGFL.