UK Employment Law\ Employer \ Employer Duties
Employers’ Duties
Section 2 of the 1974 Act states:
"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees".
The duty puts the onus on employers to:
- Provide and maintain plant and systems of work;
- Ensure the safety, and absence of risks, to health when using, handling, storing and transporting articles and substances;
- Provide information, instruction, training and supervision to ensure the health and safety of employees;
- Maintain the place of work to make sure it is safe and without risks to health;
- Provide and maintain the workplace in regards to employees’ welfare.
Section 3 of the 1974 Act states that an employer (including self employed persons) ensure the safety of non-employees (clients, contractors, visitors, and the general public) whilst on site.
Section 6(1) of the 1974 Act defines the duty concerning a product or service. Anyone who manufactures, designs, supplies or imports any product or service must:
- Make sure that the article is safe and without risks to health (eg: when being set, used, cleaned or maintained);
- Carry out tests and examinations to ensure safety;
- Make sure employees are trained to use any equipment safely;
- Make sure employees dispose of anything unwanted in a safe manner;
- Make sure that persons are provided with updates in information regarding health or safety.
NOTE: All of these have the proviso: “so far as is reasonably practicable”.
Employees’ duties
Section 7 of the 1974 Act requires all employees:
- Take reasonable care for the health and safety of himself and of others;
- Co-operate with employers or other persons to allow them to comply with the Act.
Driving for the business.
Employers have to make sure employees drive safely.
Under rules, introduced in 2002, employers face heavy fines or even jail if workers are involved in road accidents. They would have to show that there were systems in place to prevent a crash.
An employer should not just hand over the car keys to anyone. They must first carry out a series of checks:
- Inspect and take copies of drivers' licences and accident records;
- Inspect all work vehicles to make sure that they are safe;
- make sure employees do not feel pressured to take risks on the road (be aware of the dangers of setting up bonus schemes that create incentives to speed or meet tight deadlines).
|
