How good is your sense of danger?
We all know danger exists. What we cannot do is run away and hide in the undergrowth. We have a moral and legal obligation to be responsible and accountable.
Occupational Health and Safety needs to be kept under constant review. Look at the list below and see why you can gain from someome to support you. This is where your GO.tago Practitioner fits in, allowing you and your staff to concentrate on the core business.
And for those that already use a Consultancy Service to meet your over-arching obligations, are your own internal checks and duties up to date?
"Some businesses only call us when there is an issue, which is a pity because it is all often too late in the day. I am not a lawyer but let me share a note about the legal side"
CRIMINAL LAW
Employers have a legal duty under the Health and Safety at work Act 19740 (HASWA in UK) to manage health and safety risks.
Then under the Management of Health and Safety at Work Regulations 1999 (as amended) additional requirements exist to assess reasonably foreseeable risks, and implement control measures as far as is reasonably practicable.
The Corporate Manslaughter and Corporate Homicide Act 2007 sets out offences where gross negligence has resulted from a gross breach of a duty of care.
Criminal law prosecutes on the burden of proof, the level of which is beyond reasonable doubt
CIVIL LAW Victims of harm can seek compensation, either because of a fault, or negligence. For a claimant to be successful of course, they have to show that:
1. the defendant owed the person a duty of care
2. the duty of care was breached
3. the injury was caused by a breach of the duty.
And remember, this can be pursued after worker has left your employ.
Don't wait for that to happen, or the next inspection, keep up to date
- Workplace (Health, Safety and Welfare) Regulations 1992 All 25 separate Regulations documented and current?
- The Fire Precautions (Workplace) Regulations 1997 Risk Assessment current, and a further 8 requirements?
- Indg 382 Managing work-related road safety. Company cars or trucks arriving and leaving site 10 requirements?
- The Control of Substances Hazardous to Health Regs 2002 (as amended) Even the Staff canteen is included
- Personal Protective Equipment Regulations 2002. All 8 body aspects covered, documented, and in use?
- The Health and Safety (First-Aid) Regulations 1981. First Aider qualified, and 9 further requirements?
- Control of Asbestos at Work Regulations 2002. Got none - Are you sure? Do you have documents to prove it?
- Health and Safety (Display Screen Equipment) Regulations 1992 Training current?
- Manual Handling Operations Regulations 1992 Toolbox talk given to office staff as well as workers?
- The Health and Safety Information for Employees Regulations 1989 Poster in position?
- The Work at Height Regulations 2005 Equipment tested and tagged? 8 further questions
- Noise at Work Regulations 1989 Specific need? Specific Risk Assessment? PPE correct?
- The Electricity at Work Regulations 1989 Fixed wire tests on file?
- Pipelines Safety Regulations 1996 Oil and gas pipes correctly coded, diagrammed and isolatable?
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Do you know what to include?
- DSEAR Do you know what this stands for? Is it applicable?
- BCGA Bottled gasses and HSG 139 Welding, flame cutting and allied processes Using compressed gasses?
- Pressure Systems Safety Regulations 2000 Is your compressor covered by a WSE?
- Provision and Use of Work Equipment Regulations 1998 (PUWER) 37 regulations (minus exemption for armed forces?
Did you know the list below applies to you?