StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Health and safety at work - Case Study Example

Cite this document
Summary
Unlike in olden and medieval days, every kind of employment including agriculture and small industries, cottage industries etc. come under the protective arms of industrial, labour, employment acts and today, dismissal, reprimanding and discriminations are guarded by the Courts of Law and rightly so…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.7% of users find it useful
Health and safety at work
Read Text Preview

Extract of sample "Health and safety at work"

Download file to see previous pages

Some of the employments by nature are hazardous and both the employer and the employee should be aware of the dangers involved in such employments. Definitely there are inherent risks of the employment and they vary in degrees depending on the kind of work, material used, mode of work and ultimate work achievement. If we go through some of the cases over the years, it is easy to find how difficult it is to avoid danger in certain jobs. Cases like Thomas v Quartermaine (1887), Smith v Baker & Sohs (1891), Paris v Stepney Borough Council (1951), General Cleaning Contractors Ltd. V. Christmas (1953), Ellis v. Ocean S.S. Co. Ltd (1958) show us the varied dangers that are inherent in different employments.

But according to the modern law the employer is responsible for a duty of care towards his employees and the weight squarely rests in him. "Under the general law of tort, a duty of care arises when two persons are so closely and directly related that the activities of them may involve appreciable risk of injury to the other: Donoghue v. Stevenson [1932]" Munkman (1975, p.82). The Health and Safety Act is a landmark in the history of labour and employment, because it provides maximum safety and care to the workers and this is one act where the employer's responsibility is of major gravity in looking after the health and safety of his employees.

"The Health and Safety at Work etc. Act (1974) is the most important statute for industry and commerce ever to have been passed through Parliament. Unlike the Industrial Relations Act, this one is here to stay. It affects companies, firms and individuals, employers, from Boardroom to shop floor; manufacturers, designers, importers, suppliersoccupiers, builders, erectors, installers," Mitchell (1976, p.xv). The employer, under the legal compulsion, must make all the attempts and take reasonable care not to expose his employees to any kind of avoidable and unnecessary risk.

This responsibility is a personal responsibility and cannot be transferred to othersi. In Peter's case ABC cannot be held responsible to a very large extent, because they have provided all kinds of protective necessary clothing and mask. Safeguarding the health and safety of the employees is the duty and responsibility of the employer and ABC has done so. So, if the position of ABC is assessed from that angle, they cannot be held responsible for Peter's accident. All the injuries that occur during the work are not due to employer fault.

Some of them could be because of the carelessness and easygoing habits of the employees like Peter. Still there is a possibility of a court ruling that it is vicarious responsibility of the employer because the employer is responsible for providing a safe workplace for his employee to work. It was not safe enough for Peter, because the chemical was insufficiently diluted by another employee causing grievous damage to Peter. ABC will have to answer for the insufficient dilution of the chemical by another employee.

There is no doubt that Peter was at mistake because he did not wear the mask that has been provided for his safety by the ABC. Unfortunately for him, he thought, as his manager did, that the risk involved was very small. The risk involved w

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Health and safety at work Case Study Example | Topics and Well Written Essays - 3500 words”, n.d.)
Health and safety at work Case Study Example | Topics and Well Written Essays - 3500 words. Retrieved from https://studentshare.org/miscellaneous/1512188-health-and-safety-at-work
(Health and Safety at Work Case Study Example | Topics and Well Written Essays - 3500 Words)
Health and Safety at Work Case Study Example | Topics and Well Written Essays - 3500 Words. https://studentshare.org/miscellaneous/1512188-health-and-safety-at-work.
“Health and Safety at Work Case Study Example | Topics and Well Written Essays - 3500 Words”, n.d. https://studentshare.org/miscellaneous/1512188-health-and-safety-at-work.
  • Cited: 0 times

CHECK THESE SAMPLES OF Health and safety at work

Management of Health and Safety at Work Regulations 1992

In the paper “Management of Health and safety at work Regulations 1992” the author analyzes the 'Six Pack', which was formulated in 1992.... The one that has gained much prominence over the years is the Management Regulations which means the Management of Health and safety at work Regulations.... Management of Health and safety at work Regulations 1992 The 'Six Pack' was formulated in 1992 by the European Commission.... The one that has gained much prominence over the years is the Management Regulations which means the Management of Health and safety at work Regulations....
5 Pages (1250 words) Essay

Health and Safety at work course work

HASAWA IMPLEMENTATION:- Health and safety at work etc.... It involves the duties imposed on employers, employees, contractors, suppliers of goods and substances for use at work, persons that are in control of work premises, and those who has a charge to manage and maintain them, and persons in general.... To be a success story, Planning – I Wing will work on the motto of ‘Reach out to all, net and tune well domestically within ERRA and beyond in the sister Organizations, Institutions and Ministries for the collective well being of the Earthquake (EQ) affected people and good reputation of ERRA'....
5 Pages (1250 words) Coursework

Health and Safety at Work etc Act 1974 -UK

This assignment "Health and safety at work etc Act 1974 (UK)" takes look at why employers are still being prosecuted for offenses that were criminal acts under the early "Factories Acts" (UK) in relation Health and safety at work Act 1974.... hellip; The Health and safety at work etc Act 1974 provided for the creation of a Health and Safety Commission (HSC) and Health and Safety Executive (HSE) and the continuation of the Employment Medical Advisory Service....
2 Pages (500 words) Essay

Implementing Health and Safety at Work

The paper 'Implementing Health and safety at work' presents safety, quality, sustainability, and environment which are those pillars on which the success of any organization is founded.... Those construction industries which pay great attention to the Health and safety at work become able to promote a very safe and healthy workplace environment.... It is the legal responsibility of the management and the employees to look after health and safety at the workplace together....
4 Pages (1000 words) Term Paper

Health and Safety at Work Act 1974

The paper "Health and safety at work Act 1974" highlights that the accidents are a direct result of unsafe activities and conditions both of which can be controlled by health and safety management and the legislation described briefly are helpful in attainment of these objectives.... Brief description of legislations concerning health and safety are described below:-Health and safety at work Act 1974 The basis of all legislation on the issue is Health and safety at work Act 1974....
7 Pages (1750 words) Case Study

The Health and Safety at Work

The paper "The Health and safety at work" highlights that one of the private companies that focus on industrial safety in the United Kingdom is the Quantum Risk Management Health and Safety Consultant Firm.... The duties of each management level in relation to the provision of safety issues shall be arranged in accordance with the provisions of the Health and safety at work Act 1974.... The hotel is one of the industries that adhere to the rules and regulations that govern businesses shall observe the Health and safety at work Act as stipulated by the United Kingdom government....
8 Pages (2000 words) Essay

Regulation of Health and Safety at Work in the UK

The study is aimed at identifying and discussing major strategic drivers of Regulation of Health and safety at work in the UK.... In Great Britain, the law covering health and safety at the workplace is monitored and regulated by the local authorities (LAs) in partnership with the Health and Safety Executive.... The study will focus on HSE regulation and major strategic drivers that encourage them to develop and implement health and safety regulations....
8 Pages (2000 words) Assignment

Management of Health and Safety at Work

In the paper “Management of Health and safety at work,” the author describes a hostel that provides short term accommodation to adults with drinking and drugs problem.... People register themselves over here and enjoy accommodation while they work at their respective sites.... Some of them are elderly who do not work at all and need short term accommodation because their drinking or drug problem cannot be handled by their families anymore....
8 Pages (2000 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us