Legal Consequences That Can Be Faced By Bolton & Co

making sure employees are aware of the health and safety aspects of their work (e.g. posting information on notice boards, keeping an information file such as COSHH, training, and providing

Describe how current health and safety legislation, policies and procedures are implemented in the setting.

Section 2 of the HSW Act deals with employersʹ duties, and states: ʺIt shall be the duty of all employers to ensure, so far as is reasonably practicable, the health safety and welfare of all their employees whilst they are at work.ʺ

Task 4Ensuring health and safety is an important responsibility not only for the Managers but all associated with the premises. Evaluate your organisation’s health and safety policy and procedures in line with legislative requirements and propose recommendations on how health and safety should be managed

Organisation responsibility to provide comprehensive services available to all aspires to the highest standards of excellence and professionalism. Duty to providing standards of quality and safety improve health outcome for patient

Breach of Health and Safety Regulations is a criminal offence and can result in the Company, or an individual manager, being prosecuted by the appropriate Health and Safety enforcement authority and if found guilty being fined or imprisoned.

If you look at the root cause of this accident, it is evident that management failures led to unsafe working conditions in general, this disaster specifically, and the injuries and fatalities of the employees involved. The company had been warned, cited, and fined on numerous occasions over many years. Hazards should have been corrected as they were found. There was a blatant disregard for safety, and the negligence by management caused this

For the case to be successful, Jim will need to look for a solicitor, especially an employment lawyer, who should be friendly, professional and empathetic. The employment lawyer should understand that employment is all about the employees and their duties to the place of work, as well as the rights and responsibilities of the employers (Stone, 2000). According to the law, an employee should not be engaged in any dangerous act in the place of work, whether willing or forced. Again, an employer should carry on the duties that are written down by the companies Act, rather than creating their own laws that may be detrimental not only to the employees but also to the society. Ruth’s act of carelessly packing was a result of a request from the employee, who was a supervisor in Flowers Inc. Company, and therefore, the whole scenario resulted from the Company itself. In the court of law, the lawyer should explain how the employer violated the law of the company that led to Jim’s injury; hence the company should compensate Jim and pay his medical bills if

Therefore, the managers and supervisors will enforce safety rules and exercise progressive discipline up to termination of employment for continued violations. Although, this may help in the event of an OSHA citation, the main purpose for disciplinary action for safety violation is to keep everyone safe. In other words, to give a person contemplating an unsafe act something else to think about. Perhaps the person feels he can’t get hurt or feels the risk is worth it to get the job finished. If he/she knows they could also lose employment, he/she is compelled to work

Clearly, Harry Hiller, the shop foreman, the immediate boss under whom John Schmidt and his colleagues worked failed in his duty to the company, to the junior staff and to the management staff. If he reported the complaints of the junior staff to David Donald, he would have done his duty. He failed on this. Generally, as far as John and his co-workers are concerned, the responsibility for the injury lies with the company because the immediate boss was aware of the problem. The company can penalize Hiller in any way desired but nothing exonerates it from taking responsibility for the injury, more so, that the safety and health report indicts the company. As a matter of fact, if the issue is not resolved and the courts are involved, certainly, punitive damages may be additional costs the company may be faced

Under the English Common Law, Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law, the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case of Lister V Hensley Hall Limited. Before this case, intentional torts were not considered for vicarious liability. The reason for vicarious liability is to allow the injured parties to have better means of recovering their damages as employers

Many companies that operate in the United States have implemented an organizational safety programs to reduce injuries and illnesses expenditures that come straight from company profits. Before the OSHA Act there were no safety guidelines set in place in regards to worker right and in regards to a workers safety. Once the OSHA Act was passed in regards to protecting the workers and their rights injuries and illnesses have decreased significantly. Productivity in the workplace can potentially be increased with full staff and are decreased when employers have to operate when employees are out of work due to illness and injury. Organizational safety programs were implemented due to previous injuries that have occurred on the job and in similar industries. The programs exist to educate and make employees more aware of hidden and potential hazards that may exist in the work place. After reviewing my company organizational safety program recommendations can be made to the hazard identification, environmental safety, and ethical decisions a part of the corporate culture.

“Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA's mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards” (United States Department of Labor). I was unaware of OSHA’s mission, and it was very interesting to read. I was also unaware of how seriously OSHA takes their rules and regulations, and how extensive the fines can be. If your company violates OSHA then your company will be fined, and OSHA’s fines are not typically cheap. If your violation is serious, then your company could be fined up to $12,000. If you repeat this same violation, then you could be fined up to $126,000.

The issue at hand is an accident that occurred to John Schmidt in the workplace. John Schmidt is an employee, whose hand was injured while pushing a piece of wood through a table saw at the shop. Schmidt claimed that he followed all safety procedures at the company. He blamed the company for the machine not being as safe as possible.

On 8th july ex-employees, including the former chairman of UCIL, were convicted in Bhopal of causing death by negligence and sentenced to 2 years imprisonment and a fine of 1 lakh Rupees each. They were held guilty under Sections 304-A (causing death by negligence), 304-II (culpable homicide not amounting to murder) and 336, 337 and 338 (gross negligence) of the Indian Penal Code.