The Management of Health and Safety at Work

The existence of regulators and inspectors is not the only measure or precaution taken into place to make sure that employees and employers are kept safe from harms way. There is a considerable body of good practise which exists to aid employers develop sound approaches and good systems for managing their responsibilities for health and safety cause in a workplace. The HSE advocates a systematic approach to ensure employers can cut through the complexities of the law and regulations and ensure compliance proactively.

Policies are put in place to be the guidelines for every employees and employers initiated by their work contract, meaning that if anyone works against these policies they are in breach of the contract agreement. Policies states the arrangements for identifying hazards and assessing risks. Successful health and safety policies should have strict structures that should always be followed and periodically reviewed to ensure that its up-to-date in order to reflect contemporary practise.

To maximise the effectiveness of the Health and Safety policy measures staff should always be involved and committed to execute the duties with all data/information. Therefore this where the health and safety representative is most needed who will in turn report to the employer. These representatives have the statutory obligation to investigate potential hazards and dangerous occurrences at the workplace, investigate complaints from employees relating to health and safety and make representations on these matters to the employer and to the health and safety inspector. Under the Management of Health and Safety at Work Regulations 1999 employer must consult with employees either directly or through elected representatives over the introduction of any measure or new technology which might affect health and safety.

Generally to be able to manage the Health and Safety Policy, staff must build and encourage a cultural routine which will enable the policy to become part of the company's work ethic. Lets take a look at some of the key components that can assist a positive 'health and safety culture'-;

• Competence(Recruitment, training and advice)
• Control(Allocating responsibilities and securing commitment)
• Cooperation( Between individuals and groups)
• Communication (Formal Verbal, written and visible)

The skills that staff exhibit are supposed to be of the highest class effective in order to maintain an efficient operating policy.

Enforcement Of Health and Safety in the Workplace

Everyone has a legal obligation to maintain and follow rules and regulations which have been implemented for their health and safety. The general public will have suggestions on how to better the amendments to the Health and Safety at Work Act 1974, however not every suggested opinion is considered let alone discussed at critical stages.

Most people have wondered and pondered on who overlooks this responsibility and who enforces into existence. The Health and Safety Executive(HSE) and local authorities are responsible for the enforcement of the law on health and safety. Their inspectors can enforce improvement and prohibition notices if a company is in breach of the law. An employer in breach of health and safety obligations may be held criminally liable and personal liability may attach to any director or manager if the offence was committed with their consent or due to their negligence. The HSE publishes a 'name and shame' report which companies and individuals convicted in the previous 12 months for flouting health and safety law. These names can also be accessed on its website http://www.hse.gov.uk/press/press.htm.

The HSE also appoints its own safety inspectors who have the authority to enter premises to carry out investigations. They also investigate when a serious accident has occurred. They may visit the workplace unannounced or by appointment. The HSE may also use the local authority environmental health officers to either assist in or do inspections.

The law lays down minimum standards to protect all workers, not just employees, and the protection extends to further protect members of the public affected by the activities of the employer as well as other sub-contracted workers working on the premises. The law requires every employer to undertake an assessment of risk in relation to the workplace to identify measures necessary to comply with health, safety and fire precautions which causes minimum or no risk at all.

Considerably minimum standards must also be observed for all new buildings and modifications in relation to matters such as ventilation, lighting and sanitary facilities these observations are normally carried out by the local authorities i.e County/City Council. There are numerous regulations that cover dozens  of concerns such as particularly hazardous work, noise and electricity at work, the use of computers, the regulation of construction sites, manual handling of loads, fire precautions and first aid at work - to name a limited number of many.  Employers should have in place special insurance in the event of work-related injuries and other health and safety related claims. The are many specific rules that focus on facts and escalating schools of thought and ways to approach new ways of regulatory measures.

Authority Executed by Health and Safety Inspectors; HSE inspectors have the power to engage in the following-:

• enter premises at any reasonable time;
• be accompanied by authorised persons and a police officer if obstructed;
• use equipment or materials necessary for investigation;
• take samples, measurements and photographs;
• direct that work areas be left undisturbed;
• take possession of articles, substances or equipment if believed to be a source of imminent danger;
• take statements from appropriate persons;
• examine and copy documents;
• issue an improvement notice;
• issue a prohibition notice.

Health and Safety Regulations and Codes of Practice

Legislation is a mandate restricted to build a common goal to build a reputable rapport between employees, employers, government and the communities surrounding them. In case of the United Kingdom the Secretary of state has the power to make regulations, either on the proposal of the Health and Safety Commission. The most important reguations are the Control of Substances Hazardous to Health regulations 2002(COSHH), but other examples include the Health and safety Information for Employees Regulations 1989 and the Noise at Work Regulations1989. For current issues on health and safety regulations, which are being considered or in the process of  implemention visit the UK Government Health and Safety on the following website www.hse.gov.uk

The intoduction of the Health and Safety at Work Act 1974 meant that regulations have been issued which are enforceable through it and there are more complex and comprehensive, however we will point our the most vital ones. The key points are as follows-;

• The Control of Substances Hazardous to Health Regulatins 1998.
• The Health and Safety (first aid) Regulations 1981
• The Reporting of Injuries, Diseases and Dangerous Occurances Regulations 1995
• The Electricity at Work Regulations 1998

These regulations provide detailed guidence of the duty placed on employers and employees to conduct a rapport on important work environment obligations such as the provision of first aid facilities at work. These measures are enforceable because of the statutory standing of enabling the nature of Health and Safety at Work Act. The Act mandates to engage everyone to minimise all the risks that has potential to harm or cause injuries in any work place.

Health and Safety at Work Act 1974

Since the nineteenth-century measures were implemented to protect employees but the level varied from employer to employer mainly based on their statutory arrangements. Physical labour risks of hundred years ago have been replaced by new challenges to the health and safety of employees including, in working with new technology, risk of eye strain, repetitive strain injury, back problems and stress at work. Health, Safety and Risk Management ( a more modern systematic approach for managing risks in the workplace) are still very much key issues for Human Resources Management at the turn of a new century. Regulations have been out in place as a guideline for acceptable behaviour and demystify the amendments were necessary.

Until the mid 1970s, the law relating to health and safety at work was primarily contained in the Factories Act 1961 and the Office,Shops and Railways Premises Act 1963 with their associated regulations. However the adversities remained because these acts are very prescriptive, setting out detailed requirements of what must be met. Therefore the approach to health and safety law was transformed with the benchmark legislation of the Health and Safety at Work Act 1974 which was introduced as a result of the Robens Committe report of 1972. The committee presented that the law on health and safety was badly structured with eleven pieces of major legislation supplemented by over 500 supplementary statutory provisions. Therefore the committee proposed unification of the law, basing liability on employment not occupation of premises. Therefore 1974, presented the birth of Health and Safety at Work Act 1974 the legislation that affects Human Resources Management. So none is more important to the well being of individuals than this landmark piece of legislation which still maintains the fundamentals of health, safety and welfare of people at work. To protect the general public, visitors, employer/employee against all risks safety and to prevent polluting the environment.

The acts had a few years of impeccable remarks but more was to come since all the new technologies and innovations were to be electricity/man operated. Therefore amendments have always been presented and adjusted where necessary to set them ready for implementation.

Health, Safety and Risk - Basic Policy

Once you have been offered and appointed a post of employment, it is mandatory that you are issued a personal copy of the Company Staff Handbook which holds vital important aspects of that particular Company. The handbook holds the basic and amended important health, safety and risk policies among other very important statutes of the Company.

 A basic Health, Safety and Risk policy can be as follows-;

The Company recognises that it is responsible for ensuring, so as is reasonably practicable, the health, safety and welfare at work of its employees. The Company believes that the pro-active management of health and safety issues is an integral part of its obligations to its employees and to the wider community. This policy statement sets out in broad terms the legal responsibilities owed by the Company and by employees in relation to health, safety and risk issues. It will only be possible for the Company to comply with these legal obligations if both its employees and any self-employed third parties on the Company's premises understand that they are under a duty to take reasonable care for the health , safety and risk of themselves and any of their colleagues who may be affected by their acts or omissions and that they are required to co-operate with the Company to enable the Company to perform its obligations.*

 Health, Safety and Risk Management is one of mainly monitored mandates of the Company procedures, therefore introductory training day will be made compulsory for every new employee and depending on the reliability of the work-force updates will be conduct as and when they are deemed necessary by the given regulatory board. Depending on the relevance it has to the job and risks surrounding the work environment employees are strongly advised to attend these training days without question. Employers have the duty to ensure your health, safety and welfare at work, therefore the employer will probably have insurance to minimise the full impact in case a unlikely risk presents itself.

Employers have to make sure that they are doing everything that they possibly can given that they are responsible for  providing a safe place, access and system of work, adequate equipment, competent fellow employees and protection from unnecessary risk of injury or harm e.g. Criminal Convictions register for Social Workers, Nurses, Doctors because they work with very vulnerable individuals and groups in private communities therefore anyone with previous might be deemed unfit to do this kind of job. Despite fairly wide-ranging obligations there are still a large number of workers whose health is adversely affected by work. Introduction of technological innovations which were supposed to minimise these injuries and protect employees have also realised their own fair share of destruction and injuries at times even doubling the initial work accidents or ill-health.

Health, Safety and Risk Management

Fundamental principles have always been the main work ethic that drives employees to perform at their best. Employers, Unions and Governments have initiated strategies, structures systematically in order to secure the on going economy realising the fact that every town,state, country, continent needs to function in the best way possible to sustain while reserving its available resources. Health, Safety and Risk Management are some of Abraham Maslow's listed basic needs therefore in order for an employee to perform to their maximum capabilities these very important parts of their day to day lives have to be constantly revisited and amended on a regular basis.

The nineteenth-century realised the employee's need for a healthy and safe workplace, there were enormous hazards which often resulted in death, serious injuries or reduced the life span due to long hours of work and heavy physical demands of the factory system in the wake of the industrial revolution. Therefore we are going to be looking at the policies that were implemented since this century and that are continually going to make sure that employees and employers are kept safe and healthy with minimal risks. Understanding that when any unknown risks present themselves we have ideas and the capable teams in place to assist with the necessary steps to make a work place safe.

The principle that hard work is intrinsically virtuous or worthy of reward justifies the structures demystifying interpretation that democracy has realised the unequivocal difference between a slave and employee. The change of terms has been noted as a mere catachresis for employers/government still treat individuals in such an unfavourable manner. There are many aspects of work environments that affect employees and the way they work. As we are going to look at these in depth we have to understand potential future risks of the innovations and technology being developed currently.