1. Health & Safety at Work Year 11 GCSE Law: Employees Rights & Responsibilities

2. Learning Objectives & Outcomes Understand the importance of health and safety issues in the workplace Understand the legal rights and responsibilities of employers and employees in this area Understand the common law and statutory bases for the different obligations Apply the law to various scenario’s

3. Some Statistics Key annual figures 2009/10 1.3 million people who worked during the last year were suffering from an illness (long standing as well as new cases) they believed was caused or made worse by their current or past work. 555 000 of these were new cases. 152 workers were killed at work, a rate of 0.5 per 100 000 workers. 121 430 other injuries to employees were reported under RIDDOR, a rate of 473 per 100 000 employees. 233 000 reportable injuries occurred, according to the Labour Force Survey, a rate of 840 per 100 000 workers. 28.5 million days were lost overall (1.2 days per worker), 23.4 million due to work-related ill health and 5.1 million due to workplace injury. HSE research has also shown that failure to manage health and safety is the main cause of 80% of accidents.

4. The Common Law One of the most important cases for health and safety common law is Wilsons and Clyde Coal Co. v. English (1938). This case established that every employer must ensure that their workforce has: safe access to a safe workplace; safe work systems; safe appliances; and safe fellow workers, implying that they must be competent at their job.

5. Examples In pairs come up with 4 different scenario’s where the employee does not provide: safe access to a safe workplace; safe work systems; safe appliances; and safe fellow workers, implying that they must be competent at their job.

6. Reasonable Precautions An employer can only do what is reasonable in terms of taking precautions to prevent harm occurring. The employer is not responsible for the results of freak occurrences as long as they have taken all other necessary steps require of them by law. This was affirmed in Latimer v. AEC Ltd (1953): slippery surfaces caused by unexpected flooding led to an employee slipping and injuring himself. As the employer had taken all reasonable precautions and the flooding was not foreseeable, they were not liable.

7. Psychiatric Injury More recently another duty has been added and this one is to protect against psychiatric injury. In Walker v Northumberland County Council (1995) Mr Walker worked as a social services manager. His workload grew bigger and contained many upsetting cases. He asked for extra staff but didn’t get any and suffered a nervous breakdown. When he went back they had provided extra staff but soon moved them to other jobs. Mr Walker had another nervous breakdown and was dismissed on the grounds of permanent ill health. The court held that the duty for safety included psychiatric injury and the council was liable as the second breakdown was foreseeable since they did not do enough to help him.

8. Reasonable Foreseeable Stress related illness or injury must be reasonably foreseeable by the employer on the basis of what the employer knew or ought to have known. An employer needs to take notice of any indications of problems on the part of the employee. However, an employer can only take what an employee says at face value and do what is reasonable in an effort to help, such as provision of or access to confidential support services.

9. Work stress hits people in and out of work Read the above article and comment on how the common law rules may help such people.

10. Statutory Regulation The Health and Safety at Work etc Act 1974 is the primary piece of legislation covering work-related health and safety in the United Kingdom. It sets out a lot of employer’s responsibilities for health and safety at work. The Health and Safety Executive is responsible for enforcing health and safety at work.

11. What the employer must do... Your employer has a 'duty of care' to look after, as far as possible, your health, safety and welfare while you are at work. They should start with a risk assessment to spot possible health and safety hazards. They have to appoint a 'competent person' with health and safety responsibilities. This is usually one of the owners in smaller firms, or a member of staff trained in health and safety in larger businesses. Businesses employing five or more people For businesses employing five or more people, there must also be: an official record of what the assessment finds (your employer has to put plans in place to deal with the risks) a formal health and safety policy, including arrangements to protect your health and safety (you should be told what these are)

12. The employer's duty of care in practice All employers, whatever the size of the business, MUST: make the workplace safe prevent risks to health ensure that plant and machinery is safe to use, and that safe working practices are set up and followed make sure that all materials are handled, stored and used safely provide adequate first aid facilities tell you about any potential hazards from the work you do, chemicals and other substances used by the firm, and give you information, instructions, training and supervision as needed set up emergency plans make sure that ventilation, temperature, lighting, and toilet, washing and rest facilities all meet health, safety and welfare requirements

13. Continued... check that the right work equipment is provided and is properly used and regularly maintained prevent or control exposure to substances that may damage your health take precautions against the risks caused by flammable or explosive hazards, electrical equipment, noise and radiation avoid potentially dangerous work involving manual handling and if it can't be avoided, take precautions to reduce the risk of injury provide health supervision as needed provide protective clothing or equipment free of charge if risks can't be removed or adequately controlled by any other means ensure that the right warning signs are provided and looked after report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business

14. Employees' health and safety rights & responsibilities Rights: Advice from the government Your rights as an employee to work in a safe and healthy environment are given to you by law, and generally can't be changed or removed by your employer. The most important rights are: as far as possible, to have any risks to your health and safety properly controlled to be provided, free of charge, with any personal protective and safety equipment if you have reasonable concerns about your safety, to stop work and leave your work area, without being disciplined to tell your employer about any health and safety concerns you have to get in touch with the Health and Safety Executive (HSE) or your local authority if your employer won't listen to your concerns, without being disciplined to have rest breaks during the working day, to have time off from work during the working week, and to have annual paid holiday

15. Employees' health and safety responsibilities Your responsibilities Your most important responsibilities as an employee are: to take reasonable care of your own health and safety if possible avoid wearing jewellery or loose clothing if operating machinery if you have long hair or wear a headscarf, make sure it's tucked out of the way (it could get caught in machinery) to take reasonable care not to put other people - fellow employees and members of the public - at risk by what you do or don't do in the course of your work to co-operate with your employer, making sure you get proper training and you understand and follow the company's health and safety policies not to interfere with or misuse anything that's been provided for your health, safety or welfare to report any injuries, strains or illnesses you suffer as a result of doing your job (your employer may need to change the way you work) to tell your employer if something happens that might affect your ability to work (eg becoming pregnant or suffering an injury) - your employer has a legal responsibility for your health and safety, they may need to suspend you while they find a solution to the problem, but you will normally be paid if this happens if you drive or operate machinery, to tell your employer if you take medication that makes you drowsy - they should temporarily move you to another job if they have one for you to do

16. News Reading Activity Your group will be provided with some news stories where the Health & Safety at Work Act 1974 has been breached. Read them, discuss them and be ready to share: The facts How the Act was breached The consequences (usually a fine)

17. EU Regulations: The Six-Pack! In January 1992, six Regulations on Health and Safety at Work were introduced. Most of the requirements of these Regulations were not new, they simply spelled out in more detail what a responsible employer should already have been doing to comply with the requirements of the 1974 Health and Safety at Work Act.

18. 1: The Management of Health & Safety at Work Regulations The employer must assess all significant risks to their employees or to other persons. If there are more than 5 employees a record of the assessment must be kept. The assessment must also identify preventive or protective measures designed to control the risk. The employer must take particular account of risks to new and expectant mothers when assessing risks. If they cannot be protected from the risk by other means, they must be given paid leave for as long as necessary to protect the health of their child or themselves. The employer must assess particular risks for young people, taking into account their inexperience, lack of awareness of potential risks and immaturity. If children under minimum school leaving age are employed, the parents must be given details of the risk assessment and control measures. The employer must make arrangements for effective planning, organisation, control, maintaining and review of health and safety. Where necessary these arrangements should include health surveillance of workers. The employer must appoint as many competent persons as are necessary to ensure compliance with health and safety laws. Competent persons must be given sufficient information, training and resources to enable them to do their job.

19. Continued.... The employer must devise procedures to deal with situations of serious or imminent danger. As part of these emergency procedures, they must nominate competent persons to take charge if evacuation is necessary. They must make sure that access to any danger areas is restricted to those workers who have received appropriate training. They must allow workers to stop work and proceed to a place of safety when faced with a serious or imminent danger. Save for exceptional cases, they must prevent workers from returning to work until the danger is over. They must inform workers exposed to serious or imminent danger of the hazards involved and procedures to follow. Where two or more employers share a workplace or where employees of one employer visit another's workplace in the course of their work, the employers must co-operate to ensure that their own staff and others are protected. Similar duties apply where an employer hires agency labour from an employment service. The employer must provide comprehensive and relevant training to all employees on health and safety. They must also provide information to workers on the risks involved, the preventive and protective measures, the emergency procedures and the identity of competent persons responsible for health and safety or for evacuation procedures.

20. Example Cullen v North Lanarkshire Council (1998) While unloading materials from a lorry and throwing them into a skip Mr Cullen tripped on some of the materials. He fell off the lorry and was injured. He brought an action under this part of the ‘Six Pack’. At the original trial the court held that the regulations only applied to injuries from lifting, but on appeal it was stated that injury could come from tripping too.

21. 2: Manual Handling Operations Regulations The employer must avoid the need for workers to do any manual handling task which involves a risk of injury. When this cannot be done, the employer must assess the task taking into account the range of risk factors specified in the Regulations. The employer must reduce the risk involved to the lowest reasonably practicable level. The employer must provide workers with general indications of the risks and where possible specific information on the weight of each load and the heaviest side of a load with an off-centred centre of gravity. Employees must make full and proper use of systems of work provided by the employer.

22. 3: Display Screen Equipment (DSE) Regulations The employer must make a risk assessment of all workstations which might be used by DSE ‘users’ employed by them. The employer must reduce risks to the lowest reasonably practicable level. Daily work routine of ‘users’ must be planned so that DSE work is periodically interrupted by rest breaks or other types of work. If they wish it, ‘users’ are entitled to an eye and eyesight test paid for by their employer. The test must be repeated at regular intervals. If it shows that special spectacles or lenses are needed for DSE work, the employer must cover the cost of this as well. The employer must provide ‘users’ with health and safety training on the use of their workstation and with information on the risks and the measures to control those risks

23. 4: Workplace (Health, Safety and Welfare) Regulations Maintenance - the workplace and equipment must be maintained in good condition. Where appropriate, there must be a planned system of regular maintenance. Ventilation - enclosed workplaces must be provided with fresh or purified air. A reasonable temperature must be maintained inside the building during working hours. Thermometers must be provided for staff to consult. Suitable and sufficient lighting must be provided. Natural light should be used where possible. Emergency lighting must also be provided where necessary. Cleanliness - the workplace and equipment must be kept clean. Waste should not be allowed to accumulate (except in suitable receptacles). Space - room dimensions should provide sufficient floor area, height and unoccupied space for the health safety and welfare of the staff. Workstations must be suitable for the workers who use them and the work which is done. Where work can be done sitting, suitable seating must be provided for each person doing that work. Floors should be suitable and not uneven, holed or slippery. They should be kept free from obstruction or contamination likely to cause slipping. Staircases should normally have a hand-rail. Falls - precautions should be taken to prevent people from falling or being struck by falling objects. Tanks or pits must be covered or securely fenced

24. Continued Windows, transparent or translucent doors or walls must be made of a safety material or protected against breakage and must be clearly marked. Opening windows must be safe to use. All windows and skylights must be designed to allow safe cleaning. Traffic routes - design must allow safe circulation of pedestrians and vehicles and traffic routes should be clearly indicated. Doors and gates must be suitably constructed. Devices should be fitted to keep sliding doors on their tracks; to prevent upward opening doors from falling back; to ensure safe operation of powered doors. Doors which can be pushed from either side should have panes to provide a clear view of the space around the door. Escalators and moving walkways shall be safe in use, and fitted with necessary safety devices, including emergency stop controls. Sanitary conveniences - suitable and sufficient toilets shall be provided at readily accessible places. They must be well ventilated and lit and kept clean. A schedule to the Regulations specifies how many are needed, depending on the number of workers. Washing facilities, including showers if needed, with hot and cold water, soap and hygienic means of drying must be provided. A supply of Drinking water must be provided for all workers at readily accessible places. Clothing - accommodation must be provided for storage of a person’s own clothing not worn at work; work clothing kept at the workplace; and for changing facilities. Rest and meals - suitable rest facilities must be provided at conveniently accessible places. Arrangements must be made to protect non-smokers from discomfort from tobacco smoke in rest rooms and rest areas. Pregnant women and nursing mothers must be given suitable facilities. Facilities for eating meals must be provided where meals are normally taken at work

25. 5: Provision and use of Work Equipment Regulations The employer must make sure that work equipment is suitable for the purpose intended, taking into account the nature of the work, working conditions and risks in their workplace. The employer must ensure that equipment is properly maintained. Where routine maintenance is needed a ’maintenance log’ should be kept. The employer must provide users of equipment and their supervisors with information, instruction and training on the correct use and on foreseeable abnormal situations which might occur when the equipment is being used. Where equipment carries a specific risk, use (and any maintenance, modification or repair) should be restricted to workers with specific training. The employer should take measures to prevent access to dangerous parts of machinery and to protect against the ejection of articles, substances, gases, liquids, dusts etc.; overheating, fire or explosion, disintegration of parts of equipment, extreme hot or cold surfaces. The employer must ensure that all controls are safe to use and clearly identifiable. In particular, start and stop controls, including emergency stops, must be designed to ensure health and safety. Where appropriate, it must be possible to isolate machinery from its energy source. Where necessary equipment must be stabilised by clamping or other means. Adequate lighting must be provided to allow safe use. Where necessary, clearly visible markings or other warning devices must be fitted. Particular precautions are required to ensure that maintenance operations do not give rise to health and safety risks. If a particular piece of equipment is covered by a European Community Directive the employer must ensure that it complies with the requirements of that Directive.

26. Example Stark v The Post Office (2000) Mr Stark was a postman provided with a bicycle to do his round. He was riding the bicycle when the front break broke; he was thrown to the ground and suffered injury. It was accepted that an inspection of the brake would not have shown up the defect but Mr Starke argued there was an absolute obligation on his employer to provide safe work equipment and the Court of Appeal agreed with him.

27. 6: Personal Protective Equipment (PPE) Regulations Provision - the employer must provide suitable PPE when the risk cannot be controlled by other means. To be Suitable PPE must be appropriate to the risks involved and the work done. It must take account of ergonomic factors and the state of health of the user and must fit the user. It must comply with relevant European Community Directives where they apply. Compatibility - where more than one item of PPE has to be worn, they must be compatible and effective when worn together. Before buying any PPE the employer must do a risk Assessment to identify the risks which cannot be controlled by other means and to make sure that the PPE protects against those risks. Maintenance - the employer must ensure that PPE is maintained in good repair and cleaned or replaced as often as necessary. Accommodation - the employer must provide storage for protective equipment when it is not in use The employer must provide staff with information, instruction and Training on the risks the PPE is intended to avoid, the use of the PPE and steps the employees are expected to take to maintain the PPE. Use - the employer must take steps to ensure that PPE provided is properly used. Employees' duties - employees must use PPE as directed and must report any loss or obvious defect to the employer.

28. Http://www.hse.gov.uk/prosecutions/ Using the above website, identify one case example which shows a breach of each of the types of regulation found in the ‘Six Pack’. Why were they bad enough to breach the regulations?

29. Clips: Review of the current law http://www.bbc.co.uk/news/10306706 http://news.bbc.co.uk/1/hi/programmes/the_daily_politics/8739127.stm http://news.bbc.co.uk/1/hi/programmes/the_daily_politics/8738768.stm

30. REVIEW OF THE LAW Please read the articles given to you and summarise: Why the current law is criticised What proposals have been made What responses to these proposals have been like NOW: Write a report with the title: Do the six pack regulations do a good job? Use the stories to aid you!