Health and Safety legislation
Although a defendant is generally presumed not guilty under criminal law, there is a principle about intent known as strict liability, which means that even though there was no intention to cause harm, the defendant will be guilty. This position has been adopted fully by health and safety legislation.
In other words, the posture is would a “reasonable person” hold your employer partially to blame for the accident causing harm?
It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business.
Employers must do whatever is “reasonably practicable” to achieve this.
Employers have duties under health and safety law to assess risks in the workplace.
In court an employer must demonstrate that they have done all that they could have “reasonably” have done to protect their staff and visitors.
Management Consultants London (MCL) can help you identify gaps in your health and safety policy and work processess implimentation.
Health and safety cases
Various other health and safety cases
Health and safety risk assessment consultation
The employer has a duty to consult with staff or their elected representatives on health and safety issues. This will include:
Information on new workplace measures
Appointments of competent persons
Procedures for managing serious incidents
Training in health and safety matters
Impact of new technologies on health and safety procedures
Health and safety at work acts
Staff also have a duty of care and they must cooperate with their employers and complete any necessary training and wear any personal protective equipment issued by the employer.
Health and safety consultant London
The Management of Health and Safety at Work Regulations 1999 requires employers with five or more employees to carry out a risk assessment and record the significant findings.
A good manager takes action. Book a call from management consultants London to discuss a cost effective risk assessment.