Workplace Safety Obligations for Employers

A large proportion of time can be spent at work for many people. Therefore the working conditions should be of an excellent standard for the employee. In spite of this, many accidents and injuries occur on a regular basis. It has been reported that, there are around 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. These figures are alarming, thus it is essential that when an injury or accident occurs, the employee is able to attain the best advice possible and claim damages against their employer.

If the employer fails in their duty of care to their employee, the employee should be able to claim damages. Certain factors will need to be taken into consideration. These will include:

Ensuring that the general premises are safe and secure for employee providing a safe working environment

Checking that the materials and other work equipment provided to the employee are in safe working order Safe premises and appropriate materials and equipment

The Health and Safety at Work Act'74 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Therefore, it is the employer's responsibility to ensure that their employees are safe from hazardous environments.

The most of the widely reported incidents involving accidents and injuries at work are due to a failure on the part of the employer to provide safe working materials for the employee.  Common accidents and injuries that occur at work are usually due to the negligence on the part of the employer in ensuring safe working materials.

Regulations Impact of'98

In reference to The Work Equipment Regulations'98 Act work equipment is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). Use in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning. It is the employers responsibility for necessary assessments to be taken in order to reduce potential health risks for the employee.

The employer will need to take certain steps in order to ensure that the materials and equipment provided are suitable for their purpose, and that they will not inflict any damage on the employee. Certain points that the employer should look out for in making these assessments should include:

The overall General working conditions

Any potential risks caused by the premises and;

The equipment and its reliability Specific use of the equipment

If the assessments highlight any areas of concern, then this should be communicated clearly to the employees as they should be made aware of any potential health risks to their well-being

Defence of Contributory negligence as a defence for employers

If an accident or injury does occur at work, if the employer can prove that the employee was partially responsible for their own injury, then the employer may have a defence. This is called the defence of contributory negligence. This can be used in cases where the employee has failed to listen to the repeated warnings from their employer on potential health hazards. The amount of damages claimed will be based on the employees share of the liability for the accident.