The Common Law Duty of Care
An employee may may make a claim for damages against an employer who fails to comply with the common law duty of care that results in an accident.
The employer must provide a safe place and system of work with a safe means of access as well as providing adequate equipment, competent fellow employees and protection against risk of injury.
It is the employers sole duty, which can not be delegated, to ensure, and not be negligent of the provision of, this duty of care.
All employers must have employer's liability insurance of a minimum of £5m.
Vicarious liability & contributory negligence
In addition to statutory obligations an employer can also be liable, under common law, for accidents caused by an employee's negligence in the performance of authorised duties.
Even though an employer may be judged guilty and damages awarded the court can also judge the degree of negligence by the employee's part, by up to 100%, and reduce the award accordingly.
Occupiers' Liability Act 1957
The employer is the occupier of the work premises, as such the employer must ensure that an employee or visitor is safe whilst using the premises for the authorised purpose of their presence.
Independent contractors providing services etc for the employer also have the same obligations.
The Health and Safety at Work etc Act 1974
The Act contains the principles and powers to which the regulations issued in it's name refer, that an employer must follow to ensure the health and safety of employees.
An employer must actively make employees aware of health and safety information and provide health and safety equipment free of charge. To ensure the ongoing safety of employees the employer must carry out health and safety risk assessments and implement measures and procedures to ensure compliance based up on the findings.
An employee is under an obligation to ensure the health and safety of himself and others.
The Act empowered the Health and Safety Executive with the overall responsibility of enforcement. The Executive, by means of its inspectors, can issue notices of improvement or prohibition or start criminal proceedings to or against employers that are found to be contravening the regulations. HSE inspectors may take, in general, whatever means they deem to be required to investigate possible non-compliance.
Local authorities have the power of enforcement over certain types of premises.
Accidents at Work
The HSE must be notified of a number of different types of accidents which must also, if more than ten are employed, be recorded in the accident book.
Visual display units (Computer monitors)
Computer monitors (VDU) can be potential hazards if not treated correctly. There are a number of provisions covering the identification and handling of all VDU workstation risks and the training to reduce these risks.
An employer must provide eye tests at regular intervals and when requested.
Electricity and fire
Employers must ensure safe electrical installations and well-maintained electrical equipment.
All employees must be informed of fire related safety issues and made aware of things like escape routes and fire extinguishers.
Equipment and machinery at work
The regulations set minimum standards for the provision and use of machines and equipment at work with regard to suitability, maintenance, training and safety features as well as protective equipment and clothing for employees etc.
First aid
The names of first aiders and locations of first aid boxes must be displayed. The type of first aid boxes and ratio of first aiders must be in line with the number of employees and the level of hazardous work.
Maintaining the workplace
There are many regulations in force that place certain obligations on the employer to ensure the well-being of an employee in the workplace including lighting, toilets, ventilation and room sizes. Any breach could lead to a claim for damages.
Noise
If the daily noise exposure is 85 db or more an assessment must be made as to whether ear protection is required and on how to reduce the noise level.
Lifting and carrying
Training must be given to employees involved in lifting and carrying to ensure safe handling procedures are followed and assessments made as to the suitability of employees for the job.
Safety representatives
Employers must allow safety representatives paid time off to perform their duties of representation, investigation and consultation regarding any health and safety matter.
Dangerous substances
Any substance which is hazardous to health must be controlled in such a manner as to eliminate, as best a possible all, risks and adequate information, instruction and training be provided to enable employees to take appropriate precautions against exposure.
