Personal Injury at Work
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Issued on 15th October 2010
Personal Injury at works:
Responsibility of Employers
In this article I will examine the
responsibility and the duty, employer owes to thier employees in terms
of health and safety at work place and the legislation that puts a
legal obligation on the employers.
The health and safety of employees is
protected by regulations passed by both the UK Parliament and by the
European Union which clearly outline the standards that employers must
attain to ensure safety within the workplace.
All employers must be insured and must
display an Employer's Liability Insurance Certificate. It is extremely
difficult for an employer to escape liability if an employee is injured
during the course of employment. Employers must act within the law and
so far as is reasonably possible provide a risk free work environment
with the following basic essentials:
i) a safe place to work
ii)appropriate equipment and training
iii) capable and safety conscious employees
The main legislation used to protect
employees from harm cane be argued is Health and Safety at Work Act
1974 and it also requires employers is to carry out a risk assessment
and to record any significant findings and thereafter to take
appropriate action to implement the health and safety measures
identified as necessary by the risk assessment.
However over the years as there has been
change in technologies with it the work environment has changed
following are some examples of legislation that have been adopted to
take this into consideration.
a) Personal Protective Equipment
Regulations 1992: Protective clothing and equipment.
b) Management of Health and
Safety at Work
Regulations 1999: Risk assessments and Implementation of Protective
c) Health and Safety (Display
VDU safety regulations.
d) Provision and Use of Work
Regulations (PUWER) 1998:
Equipment and machinery safety.
e) Manual Handling Operations
Physical movement of workplace objects.
f) Health and Safety (First Aid)
First aid regulations.
g) Noise at Work Regulations
Protection from industrial deafness.
h) Workplace (Health, Safety and
Maintenance and condition of the workplace
Please note not of the above will apply to
the every employers but if they do then failure to adhere to any of the
above would mean that an employer will be strictly liable.
As an employee has certain duty to his
employers (most of which would be contained within his/her contract of
employment) an employer has a duty and legal obligation to provide a
safe working environment for his employees to carry out his employment.
If those legal obligations are not fully complied with then and
employer may be sued by employee and in worst case an employer may be
fined or even face criminal prosecution.
Syed Rashidul Islam is
a Trainee Solicitor
with Lawdit Solicitors and can be contacted by email
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2010-11-02 12:12:41 in Legal Articles