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Health and Safety Law. The Health and Safety at Work etc Act 1974. There are 2 sub-divisions of the law that apply to health and safety issues: Criminal Law – rules of behaviour (Law of the land). An individual who breaks criminal law is deemed to have committed an offence or crime
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The Health and Safety at Work etc Act 1974 There are 2 sub-divisions of the law that apply to health and safety issues: • Criminal Law – rules of behaviour (Law of the land). An individual who breaks criminal law is deemed to have committed an offence or crime • Civil Law – concerns disputes between people and deals with liability as opposed to guilt eg. negligence
Health and Safety Law • Several judgements have established that employers owe a ‘duty of care’ to each of their employees. This duty cannot be assigned to others, even if a consultant is employed to advise on health and safety matters or if employees are sub contracted to work with another employer. • Employees have a duty of care placed upon them under section 7 of the Health and Safety at Work etc Act 1974.
The Health and Safety at Work etc Act 1974 Examples of Regulations: Management of Health and Safety at Work Regs. 1999 Workplace (Health, Safety and Welfare) Reg.1992 Control of Substances Hazardous to Health Regs. 2002 Electricity at Work Regs. 1989 Health and Safety (First Aid) Regs 1981 Manual Handling Operations Regs 1992 Health and Safety (Safety Signs and Signals) Regs. 1996 Reporting Injuries, Diseases and Dangerous Occurrences Regs 1995
SCENARIO A foundation stage pupil is riding a tricycle in the foundation unit’s playground. The playground is accessed by climbing 4 steps which are approximately 2 metres in width. There are 2 members of staff supervising a total of 9 children in the playground. The pupil rides the tricycle over the top step and falls down them suffering facial injuries and cuts and bruises to their arms and legs. The child’s parents are contacted and after a visit to hospital the child has 5 days off school.
SCENARIO A visitor to your premises slips on the footpath leading to the main entrance doors on a patch of ice. After reporting the incident they leave as they feel ‘shook up’. The day after, they contact you and inform you that they have suffered a fractured collarbone as a result of the fall.
SCENARIO A member of staff trips over a loose piece of carpet on the corridor in the building where you work. First aid is offered and the staff member initially feels ok. The next day they ring in sick with a painful back as a result of the trip and end up being off work for 2 weeks.
SCENARIO A member of staff suffers a shoulder injury whilst carrying boxes from reception to the store cupboard. They report the injury to the ‘first aider’ then go home. The staff member has 4 days off sick as a result of the injury.
Handouts • Any questions ?
Reference Health and Safety policy statement. Health and Safety information available via intranet / RGFL.