Managing Health and Safety at Work Essay

Employers have a general duty low section 2 of the wellness and pencil eraser at movement etc be active 1974 to realize, so far as is reasonably practicable, the health, pencil eraser and social welfargon of their employees at act as. People in manage of non-domestic premises have a duty (under section 4 of the Act) towards people who are not their employees precisely use their premises. The Regulations expand on these duties and are intended to protect the health and sentry go of everyone in the melt shopping mall, and ensure that adequate to(predicate) welfare facilities are forgetd for people at work.These Regulations aim to ensure that works meet the health, safety and welfare needs of all members of a workforce, including people with disabilities. Several of the Regulations require things to be suitable. Regulation 2(3) makes it lead that things should be suitable for anyone. This includes people with disabilities. Where necessary, parts of the workplace, includ ing in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations, should be made irritateible for disenable people.Under Section 8 of the Act the employer has a duty to ensure the employees safety, health and welfare at work as far as is reasonably practicable. In order to embarrass workplace injuries and pale health the employer is inevitable, among other things, to * Provide and maintain a safe workplace which uses safe plant and equipment * hold back risks from use of any article or substance and from exposure to physical agents, noise and vibration * celebrate any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk * Provide instruction and training to employees on health and safety * Provide protective vestments and equipment to employees * Appointing a competent psyche as the organisations Safety Officer Employees dutiesThe duties of employees while at work are set come to the fore in Section 1 3 of the Act. These include the following * To include reasonable care to protect the health and safety of themselves and of other people in the workplace * non to engage in improper behaviour that give endanger themselves or others * Not to be under the influence of drink or drugs in the workplace * To undergo any reasonable medical or other judgment if requested to do so by the employer * To report any defects in the place of work or equipment which might be a danger to health and safety Risk assessment and safety statementUnder the Safety, health and Welfare at Work Act 2005 every employer is required to select out a risk assessment for the workplace which should identify any hazards present in the workplace, assess the risks arising from such hazards and identify the steps to be interpreted to deal with any risks. The employer must too prepare a safety statement which is based on the risk assessment. The statement should also assure the details of people in the workforce who are responsible for safety issues. Employees should be given access to this statement and employers should review it on a regular basis. The Health and Safety Authority has published guidelines on risk assessments and safety statements (pdf). Protective equipment and measuresThe employer should tell employees about any risks that require the wearing of protective equipment. The employer should provide protective equipment (such as protective clothing, headgear, footwear, eyewear, gloves) together with training on how to use it, where necessary. An employee is under a duty to take reasonable care for his/her own safety and to use any protective equipment supplied. The protective equipment should be provided free of charge to employees if it is intended for use at the workplace only. Usually, employees should be provided with their own personal equipment. in that location is a range of measures that employers must take in regard to visual display units (VDUs). These include exam ining the manifestation and glare, the operators position in front of the VDU, the keyboard and the software used. Operators must be given adequate breaks from the VDU. In addition, employers must arrange for eye tests and, if required, make a contribution towards the purchase of prescription eyeglasses. The Health and Safety Authority (HSA) has published a list of frequently asked questions about display screen equipment (VDUs). describe accidents All accidents in the workplace should be reported to the employer, who should record the details of the incident. Reporting the accident will help to safeguard social welfare and other rights which may arise as a dissolving agent of an occupational accident. An employer is obliged to report any accident that results in an employee missing 3 consecutive geezerhood at work (not including the day of the accident) to the Health and Safety Authority. Health and safety leaveAn employer should carry out separate risk assessments in relation t o big(predicate) employees. If there are particular risks to an employees pregnancy, these should be either removed or the employee moved away from them. Under Section 18 of the Maternity bulwark Act 1994 if neither of these options is possible, the employee should be given health and safety leave from work, which may continue up the beginning of maternity leave. If a doctor certifies that night work would be unsuitable for a pregnant employee, the employee must be given alternative work or health and safety leave. Following an employees return to work after(prenominal) maternity leave, if there is any risk to the employee because she has recently given give up or is breastfeeding, it should be removed. If this is not possible, the employee should be moved to alternative work.If it is not possible for the employee to be designate alternative work, she should be given health and safety leave. If night work is certified by a doctor as being unsuitable after the birth, alternative work should be provided. If alternative work cannot be provided, the employee should be given health and safety leave. Time spent on health and safety leave is treated as though the employee has been in employment, and this time can be used to store annual leave entitlement. The employee is not entitled to leave for any public holidays that occur during health and safety leave. During health and safety leave, employers must pay employees their normal wages for the first 21 days (3 weeks), after which Health and Safety Benefit may be paid. Health and safety and young peopleAn employer should carry out a separate risk assessment in relation to an employee under 18 age of age. This risk assessment should be carried out before the young person is employed. If certain risks are present, including risks that cannot be recognised or avoided by the young person due to factors like lack of experience, the young person should not be employed. Violence in the workplaceThe possibility of vio lence towards employees should be addressed in the safety statement. For example, factors like the isolation of employees and the presence of cash on the premises need to be taken into account. Proper safeguards should be put into place to eliminate the risk of violence as far as possible and the employee should be provided with appropriate means of minimising the remaining risk, for example, security glass. BullyingOne of the employers duties is to prevent improper conduct or behaviour (which includes ballyrag). An employer should have established procedures for dealing with complaints of bullying in the workplace and deal with such complaints immediately. Ignoring complaints of bullying could leave an employer open to a possible claim for damages by an employee. It is advisable for an employer to have an established grievance procedure to deal with complaints of bullying. An employee who feels that he or she is the victim of bullying can also refer the matter to a Rights Commissi oner see How to apply below. The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (pdf) sets out guidance notes for addressing bullying in the workplace. bedevilmentThe Employment Equality Acts 1998-2011 place an obligation on all employers in Ireland to prevent harassment in the workplace. Under this law, you are entitled to bring a claim to the Equality Tribunal and your employer may be obliged to pay you compensation if you are harassed by reason of your gender, civil status, family status, sexual orientation, age, disability, race, phantasmal belief or membership of the Traveller community. VictimisationUnder the Safety, Health and Welfare at Work Act 2005 the employee may not be victimised for exercising his or her rights under safety and health legislation such as making a complaint. This means that the employer may not penalise an employee by dismissal or in some other way, for example, by disciplinary action or by being tre ated less favourably than other employees see Enforcing your rights below. Health and Safety AuthorityThe Health and Safety Authority see Where to apply below is responsible for enforcing health and safety at work in Ireland. It provides information to employers, employees and self-employed people on workplace health and safety. Its publications include a brusque Guide to the Safety, Health and Welfare at Work Act 2005 (pdf) and a set of Simple Safety leaflets which are aimed at small retail or food businesses in particular. The Simple Safety leaflets are available in other languages.