Summary Understanding how duty of care impacts on occupational health and safety policies is a crucial element in workplace policy development. Duty of care is not generally defined in legislation and is evolutionary as it adapts with the change of society. The reader needs to understand this when introduced to duty of care. Employees should understand how and the scope of the duty of care as it applies to them, as demonstrated in the examples included in this report. It is also important to communicate to all staff how, when implemented correctly, duty of care benefits not just the employer, but also the worker alike. In conclusion everyone from the organisation itself right down to the entry-level employees has a duty of care to some …show more content…
In conclusion, the findings will then be summarised and recommendations will be stated. Occupational health and safety and its role in the workplace Occupational Health and safety can also be referred to as Workplace Health and Safety, which is applicable within all Australian jurisdictions. Employers have a duty to ensure, as far as reasonably practicable, both the health and safety of their employees and others within the workplace (Mann and Blunden, 2010). It is mandatory for organisations to manage and reduce workplace hazards and risks to ensure the safety of all workers. Workplace hazards are potentially a source of harm or conflicting health effects on a person (Hsa.ie, 2015). Workplace risks are the probability that a person may possibly be harmed or suffers conflicting health effects if exposed to a hazard (Hsa.ie, 2015). The table below will provide some examples of workplace hazards and risks. HAZARD RISK IMPACT Electricity Shock, Electrocution Injury or Death -Economic & Social Wet Floors Slip, Fall Injury or Death -Economic & Social Chemicals Burn, Inhalation Injury or Death -Economic & Social Sharp Objects Cut, Stab Injury or Death -Economic & Social Occupational Health and Safety (OHS) requires organisations to manage accident risk
Health and safety at work act 1974 and 1992: This act is put into place for all places of employments. All employees have a duty of care to provide for the staff, ensuring that all equipment is safe and it does not have any risk. Employee, staff and volunteers have to take care of themselves and others around them.
Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in the workplace. Employers must give employees information about the risks in their workplace and how they are protected, also instruct and train their employees on how to deal with the risks. Employers must consult employees on health and safety issues. Consultation must be either direct or through a safety representative that is either elected by the workforce or appointed by a trade union. It is an employees duty to take reasonable care of their own health and safety. If possible avoid wearing jewellery or loose clothing if operating machinery. If the employee has long hair or wears 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 such as fellow employees and members of the public at risk by what they do or don't do in the course of their work. To co-operate with the employer, making sure the employee gets proper training and the employee understands and follows the company's health and safety policies. Not to interfere with or misuse anything that's been provided for their health, safety or welfare. To report any injuries, strains or illnesses they suffer as a result of doing their job (the employer may need to change the way they work). To tell their employer if something
Employers must provide a safe working environment for all of their employees. The legislation states it is an employer’s duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work" of all their employees as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public.Workers health is paramount within an organisation, employers must ensure that all workers health is not affected by the work they are doing and put in place all necessities to prevent this. The Health and Safety at Work Act sets out specific standards which can add costs to a business, however these costs are considered essential for the safety of all workers. Most of the costs come from training staff about health and safety and putting in place procedures to maintain this. This act prevents unfair unsafe working conditions which in turn reduces the likelihood of accidents or injury at work. If a worker has injured themselves at work due to something which could have been otherwise prevented by the company had the followed the guidelines of the Health and Safety at Work Act they company may be required to pay out for the injury. For those who employ five or more staff, employers must also keep and revise a written record of health and safety policy and consult
The employer has a responsibility to follow the regulation which is known as the ‘Health and Safety at Work Act 1974’. This is An Act to make further provision for securing the health, safety and
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
The main features of the health and safety at work act is that it provides a framework for ensuring that all employees are in and a health and safety environment. The employer and staff have duty to ensure the health and safety not only of themselves but also other persons who may frequent the premises, such as children and their parents. Employees are due undertake an approved first aid course and a named person should be appointed to take charge in the event of an accident. As well as this, properly stocked first aid kit should be available – no medication should be kept in the first aid kit. In regards to a healthcare setting, this ensures that children and elderly are looked after as they may not be able to independently.
It is important to recognise the different responsibilities and approaches of a member of staff, the employer and others in the work setting. For example the employer is responsible to provide PPE and relevant health and safety training free of charge. It is then the responsibility of a staff member to use the PPE and to attend the training. So although the responsibilities are different they are also related and both need to work in order to ensure a high standard of health and safety. The employer provides as safe working environment, however if an accident or incident occurs it requires the efforts of both staff and sometimes others to report this to ensure measures are put into place to reduce any risk associated with the incident or accident. Another example of how health and safety has a linked responsibility can be shown through a member of staff ensuring they provide the relevant fire safety information/instructions to others. It is then the responsibility for others to follow these instructions.
| |Employers also have a duty of care towards their employees, both paid and unpaid, under the Health and Safety at Work Act |
Duty of care means that we always need to provide the highest level of care which is reasonable in circumstances. We need to keep individuals safe, free of harm, give them choices and higher their potential by promoting their independence. During work we always have to make sure that all the equipment is working properly and was checked regularly. We must make sure the area of work is free from any dangerous or hazard for example during hoisting and moving. We also always need to wear proper uniform and footwear. We must report anything what seems to be unsafe or
The Health and Safety at Work Act (HSWA) is an essential piece of legislation to have within a work setting. Employers are legally obliged to follow all regulations of the HSWA in order consistently maintain a safe setting, and ensure all employees and service users are protected. The HSWA states that employees must avoid taking risks which could lead to unnecessary harm and injury, wear appropriate protective clothing when required, and follow any training, instructions and policies. A further aspect of the HSWA enforces is the fact careful assessment of
In my workplace there are policies and procedures to ensure that the rights of the people we look after are protected, and that we are working according to the relevant legislation. Every care staff has the duty of care, which is the legal obligation to make sure the
The duty of care is included into the codes of practice for different job roles and
The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety. Under this Act, the employer, the workers and the individuals being supported have responsibilities to ensure safety is maintained in the workplace. Your employer should display a copy of this Act on their main premises.
It is important it have a written work Health and Safety Policy for the organizations and businesses which have management systems. The Work Health and Safety Regulation 2011 addresses Major Hazard Facilities in Regulation 558 and Schedule 17(1.2) and requires that the Safety Management System includes a Safety Policy, including the operator’s broad aims in relation to the safe operation of the major hazard facility, and that the safety policy must include and express commitment to ongoing improvement of all aspects of the safety management system. A Work Health and Safety Policy is an explicit statement of business commitment to work health and safety. It will include a statement outlining the importance which is placed on work health and safety and how it is to be implemented.
Health and Safety Regulations aim to improve safety in workplaces, making employers and employees equally responsible for ensuring that they protect themselves and others from accident and injury. The regulations refer to such things as clean kitchens, safety guards on machinery etc., If an employee is injured at work because of breaches of these rules then compensation can be awarded. Most health and safety legislation places place the responsibility of health and safety on the employers. The responsibilities may however be delegated to other competent persons such as fire warders, first aiders and care takers but the employer still