Student name:
Module code: LC4S041
Title: Legislative and Professional Issues
Submission date:
Module Lecturer: Rob Wilks
Word count:
How far does the Health and Safety at Work etc. Act 1974 (HASAWA) manage health and safety in workplace? Use case law to illustrate your answer.
List of figures:
Figure 1. Hierarchy of Case Law/Court Structure – England and Wales (SOAS, 2012) 6
Introduction:
The enclosed report is aimed exclusively to discuss about Health and Safety at Work etc. Act 1974 that is practised in the UK at workplace. For the effectiveness of discussions on workplace safety two companies based in the UK are chosen to demonstrate how Health and Safety Act 1974 are applied and evaluated how the act is applied on daily basis.
Further the discussions are based on the UK case law in the context of workplace safety. Health and Safety at Work etc. Act 1974 (abbreviated as HASAWA) is a legislation that is related to Occupational Health and Safety in Great Britain. As a part of this act local authorities and enforcement executives are responsible in order to bring and apply acts at workplace in order to keep and maintain required amount of health and safety required .
The underpinning aims of this act are to ensure health, safety and welfare of workforce at work place who are exposed to wide range of working conditions. Wide range of aspects within health and safety aspects are covered as a part of this act such as use of harmful substances, gases, emissions related issues etc. Employees and employers of every organisation are the key stakeholders of this practice for safe working conditions.
With the use of case law and health and safety acts the author has aimed to demonstrate how far this act is adapted in the workplace. Finally under the conclusion and recommendations individual view is presented and future actions that are needed to make this act more effective and to ensure effective health and safety act is practiced.
Background research:
To quantify how case law can help to employee as per HASAWA it is realistic to apply this on a particular incident on any industry along with use of Case Law to demonstrate the actions that is required from both parties (employee & employer). To account for this a situation is utilised on an employee who is facing significant challenges and poor working conditions at workplace. Based on the facts and figures of the incident the Case Law UK at the magistrate’s court is utilised to demonstrate how law can help.
The overview of The Health and Safety at Work, etc. Act 1974:
HASAWA act 1974 sets out framework on health and safety for all employees in their work activities. This act covers educational institution, professionals, manufacturing sectors, suppliers and self-employed . It is the responsibility of both employee and employer to comply with the law and a brief summary is provided below,
Section 2 – It is the duty of employer to ensure health, safety and also welfare at workplace and should be to reasonably practicable. Trade unions and employers are expected to be working together in order to promote better workplace health and safety.
Section 3 – This section particularly aims at young pupil (ex. educational institution) who may be affected by work related activities. Employer should ensure there are no risks on their health and safety.
Section 4- Applicable to places where machinery within manufacturing plant does not endanger the personnel using them.
Section 5 – It is the duty of the employer to prevent and control harmful emissions to the atmosphere.
Section 6 – Related to designers, manufacturers to ensure the substances are safe to use.
Section 7 – Employees will require co-operation with their employers to maintain good health and safety issues.
Section 8 – Employees shall not misuse not interfere with anything do to with health and safety .
The overview of Case Law UK:
The UK Case Law is used to reprint full text of a judgement that mainly comprises of statements of facts and judicial reasoning that are made by the judges in the court. Further the law comprises of additional material that are summary documents of legal issues, comprehensive list of cases cited and other key facts.
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